Data Protection / Privacy Shield
This Privacy Policy
clarifies you the nature, scope and purpose of the processing of personal
data (hereinafter called as "data") within our online offering and the
related websites, features and content, as well as external online presence,
e.g. our social media profile. (hereinafter called as "online offer"). In
view to the used terminology, e.g. "Processing" or "Responsible" we refer to
the definitions in Article 4 of the General Data Protection Regulation
(GDPR, in German: DSGVO).
Responsible (under an Adress in Germany)

Types of processed data:
- Inventory data (e.g.,
names, addresses). - contact information (e.g., e-mail, phone numbers).
- content data (e.g., text input, photographs, videos). - usage data
(e.g., websites visited, interest in content, access times). - Meta and
communication data (e.g., device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (hereinafter we call the affected
persons as "users").
Purpose of processing
-
Provision of the online offer, its functions and contents. - Answering
for contact requests and communicating with users. - Safety measures.
- Reach measurement / Marketing
Used terms
"Personal data" means any information relating to an identified or
identifiable natural person (hereinafter the "affected person"); a natural
person is considered as identifiable, which can be identified directly or
indirectly, in particular by means of assignment to an identifier such as a
name, to an identification number, to location data, to an online identifier
(e.g. cookie) or to one or more special features, that express the physical,
physiological, genetic, mental, economic, cultural or social identity of
this natural person.
"Processing" means any process performed with or without the aid of
automated procedures or any such process associated with personal data. The
term goes far and includes in fact every handling of data. "Responsible
person" means the natural or legal person, public authority, agency,
institution or other corporate bodies, that decides, alone or together with
others, on the purposes and means of processing personal data.
Relevant legal bases
In accordance with Art. 13
GDPR, we inform you about the legal basis of our data processing. Unless the
legal basis in the data protection declaration is mentioned, the following
applies: The legal basis for obtaining consent is Article 6 (1) lit. a and
Art. 7 GDPR, the legal basis for the processing for the performance of our
services and the execution of contractual measures as well as the response
to inquiries is Art. 6 (1) lit. b GDPR, the legal basis for processing in
order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the
legal basis for processing in order to safeguard our legitimate interests is
Article 6 (1) lit. f GDPR. In the event that vital interests of the data
subject or another natural person require the processing of personal data,
serves Art. 6 para. 1 lit. d GDPR as legal basis.
Collaboration with processors and third parties
If, in the
context of our processing, we disclose data to other persons and companies
(contract processors or third parties), transmit them to them or otherwise
grant access to the data, this is done only on the basis of a legal
permission (eg if a transmission of the data to third parties, as required
by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the
contract), you have consented to it, a legal obligation or on the basis of
our legitimate interests (e.g. the use of agents, webhosters, etc.). If we
commission third parties to process data on the basis of a so-called
"contract processing contract", this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (means outside the European Union
(EU) or the European Economic Area (EEA)) or this happens in the context of
the use of third party services or disclosure or transmission of data to
third parties, this will only be done, if it is to fulfill our (pre)
contractual obligations, on the basis of your consent, on the basis of a
legal obligation or on the basis of our legitimate interests. Subject to
legal or contractual permissions, we process or have the data processed in a
third country only in the presence of the special conditions of Art. 44 et
seq. GDPR. That means that the processing is e.g. on the basis of specific
guarantees, such as the officially recognized level of data protection (e.g.
for the USA by the Privacy Shield) or in compliance with officially
recognized special contractual obligations (so-called "standard contractual
clauses").
Rights of data subjects / affected persons
You have the right to ask for confirmation as to whether the data in
question is being processed and for information about this data as well as
for further information and a copy of the data in accordance with Art. 15
GDPR. You have accordingly. Art. 16 DSGVO the right to demand the
completion of the data concerning you or the correction of the incorrect
data concerning you. In accordance with Art. 17 GDPR, you have the right
to demand that the relevant data be deleted without delay, or,
alternatively, to require a restriction of the processing of data in
accordance with Art. 18 GDPR. You have the right to demand that the data
relating to you, which you have provided to us, be obtained in accordance
with Art. 20 GDPR and request their transmission to other responsible
persons. In accordance with Art.Art. 77 GDPR you the right to file a
complaint to the competent supervisory authority.
Withdrawal
You have the right to withdrawal from granted consent in accordance with.
Art. 7 para. 3 GDPR with effect for the future
Right to
objection
You can object to the future processing of your
data in accordance with Art. 21 GDPR at any time. The objection may in
particular be made against processing for direct marketing purposes.
Cookies and right to object in direct mail
"Cookies" are small files that are stored on users computers. Different
information can be stored within the cookies. A cookie serves primarily to
store the information about a user (or the device on which the cookie is
stored) during or after his visit to an online offer. Temporary cookies, or
"session cookies" or "transient cookies", are cookies that are deleted after
a user leaves an online service and closes his browser. In such a cookie,
may be stored e.g. the contents of a shopping cart in an online store or a
login status. As "permanent" or "persistent" cookies are called that remain
stored even after the browser has been closed. Thus, e.g. the login status
will be saved if users visit it after several days. Likewise, in such a
cookie the interests of the users can be stored, which are used for range
measurement or marketing purposes. As a "third-party cookie", cookies will
be offered by providers other than of the responsible person for the online
offer (otherwise, if it is only their cookies, they are called "first-party
cookies"). We can use temporary and permanent cookies and clarify this in
the context of our privacy policy. If users do not want cookies stored on
their computer, they will be asked to disable the option in their browser's
system settings. Saved cookies can be deleted in the system settings of the
browser. The exclusion of cookies can lead to functional restrictions of
this online offer. A general contradiction can be explained against the use
of cookies used for online marketing purposes can be found in a variety of
services, especially in the case of tracking, via the USA website
http://www.aboutads.info/choices/ or the EU website
http://www.youronlinechoices.com/. Furthermore, the storage of cookies can
be achieved by switching them off in the settings of the browser. Please
note that not all features of this online offer may be used.
Deletion of data
The data processed by us become
deleted or limited in their processing in accordance with the Articles 17
and 18 GDPR. Unless explicitly stated in this privacy policy, the data
stored by us are deleted as soon as they are no longer required for their
purpose and the deletion does not conflict with any statutory storage
requirements. If the data are not deleted because they are required for
other and legitimate purposes, its processing will be restricted. That means
that the data are blocked and not processed for other purposes. This
applies, for example for data that must be kept for commercial or tax
reasons. According to legal requirements in Germany, the storage takes place
in particular for 6 years in accordance with § 257 Abs. 1 HGB (trading
books, inventories, opening balance sheets, annual accounts, trade letters,
accounting documents, etc.) and for 10 years in accordance with § 147 Abs. 1
AO (books, records, management reports, accounting documents, trade and
business letters, documents relevant to taxation, etc.). According to legal
regulations in Austria the storage takes place especially for 7 years
according to § 132 paragraph 1 BAO (accounting documents, receipts /
invoices, accounts, receipts, business papers, statement of income and
expenses, etc.), for 22 years in connection with properties and for 10 years
in context of documents, related to electronically supplied services,
telecommunications, broadcasting and television services provided to
non-companies in EU Member States and for which the Mini-One-Stop-Shop
(MOSS) is used.
Business-related processing
In addition we process - contract data (e.g., subject, operational time,
customer category). - Payment data (e.g., bank details, payment history)
from our customers, prospective customer and business partners for the
purpose of providing contractual services, service and customer care,
marketing, advertising and market research.
Hosting
The hosting services we use are for the purpose of providing the following
services: infrastructure and platform services, computing capacity, storage
and database services, security and technical maintenance services we use to
operate this online offer / online service. On this occasion process we or
our hosting provider, inventory data, contact data, content data, contract
data, usage data, meta and communication data of customers, interested
parties and visitors of this online offer on the basis of our legitimate
interests in an efficient and secure provision of this online offer acc.
Art. 6 para. 1 lit. f GDPR i.V.m. Art. 28 GDPR (conclusion of contract
processing contract).
Collection of access data and log files
We, or our hosting provider, collect on the basis of our legitimate
interests within the meaning of Art. 6 para. 1 lit. f. GDPR data on every
access to the server on which this service is located (so-called server log
files). The access data includes name of the retrieved web page, file, date
and time of retrieval, amount of data transferred, message about successful
retrieval, browser type and version, the user's operating system, referrer
URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security purposes (for example, to
investigate abusive or fraudulent activities) for a maximum of 7 days and
then deleted. Data whose further retention is required for evidential
purposes shall be exempted from the cancellation until final clarification
of the incident.
Provision of contractual services
We process inventory data (e.g., names and addresses as well as contact
information of users), contract data (e.g., services used, names of contact
persons, payment information) for the purpose of fulfilling our contractual
obligations and services in accordance with Art. 6 para. 1 lit b. GDPR. The
entries marked as obligatory in online forms are required for the conclusion
of the contract. As part of the use of our online services, we store the IP
address and the time of each user action. The storage is based on our
legitimate interests, as well as the user's protection against misuse and
other unauthorized use. A transfer of these data to third parties does not
take place, unless it is necessary for the prosecution of our claims or
there is a legal obligation in accordance with. Art. 6 para. 1 lit. c GDPR.
We process usage data (e.g., the visited web pages of our online offering,
interest in our products) and content data (e.g., entries in the contact
form or user profile) for advertising purposes in a user profile to inform
the user e.g. to display product instructions based on their previously used
services. The deletion of the data takes place after expiration of legal
warranty and comparable obligations, the necessity of the storage of the
data is checked every three years; in the case of legal archiving
obligations, the deletion takes place after its expiration. Information in
the customer's account remains until it is deleted.
Contact
When contacting us (for example by contact
form, e-mail, telephone or via social media) the information of the user to
process the contact request and its processing in accordance with. Art. 6
para. 1 lit. b) GDPR is processed. User information can be stored in a
Customer Relationship Management System ("CRM System") or comparable request
organization. We delete the requests, if they are no longer required. We
check the requirement every two years; Furthermore, the legal archiving
obligations apply.
Online presence in social media
We maintain some online presence within social networks and platforms in
order to communicate with customers, prospective customers and users to
inform them about our services. When calling the respective networks and
platforms, the terms and conditions and the data processing guidelines apply
to their respective operators. Unless otherwise stated in our Privacy
Policy, users' data will be processed as long as they communicate with us
within social networks and platforms, e.g. posts on our online presence or
send us messages.
Integration of services and contents of
third parties
Based on our legitimate interests (ie interest in the analysis,
optimization and economic operation of our online offer within the meaning
of Art. 6 para. 1 lit. GDPR), we make use of content or services offered by
third-party providers in order to provide their content and services, such
as to include videos or fonts (hereinafter called as "content"). This always
presupposes that the third-party providers of this content perceive the IP
address of the users, since they could not send the content to their browser
without the IP address. The IP address is therefore required for the
presentation of this content. We endeavor to use only content whose
respective providers use the IP address solely for the delivery of the
content. Third parties may also use so-called pixel tags (invisible
graphics, also referred to as "web beacons") for statistical or marketing
purposes. The "pixel tags" can be used to evaluate information such as
visitor traffic on the pages of this website. The pseudonymous information
may also be stored in cookies on the user's device and may include, but is
not limited to, technical information about the browser and operating
system, referring web sites, visit time, and other information regarding the
use of our online offer. This online offer may also contain links to
buy-recommendations from third parties placed on their online offer. If
these links are followed, the provisions of the GDPR will be transferred to
those third parties.
Google Maps
We include
maps from the Google Maps service provided by Google LLC, 1600 Amphitheater
Parkway, Mountain View, CA 94043, USA. Privacy Policy:
https://www.google.com/policies/privacy/, opt-out:
https://adssettings.google.com/authenticated.
Use of Facebook
social plugins
On the basis of our legitimate interests
(what means interest in the analysis, optimization and economic operation of
our online offer within the meaning of Art. 6 para. 1 lit. f GDPR) we use
social plugins ("plugins") of the social network facebook.com, which are
operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor,
Dublin 2, Ireland ("Facebook"). The plugins can represent interaction
elements or content (e.g. videos, graphics or text contributions) and can be
recognized by one of the Facebook logos (white "f" on blue tile, the terms
"Like", "Like" or a "thumbs up" sign) or are marked with the addition
"Facebook Social Plugin". The list and appearance of Facebook Social Plugins
can be viewed here: https://developers.facebook.com/docs/plugins/. Facebook
is certified under the Privacy Shield Agreement, which provides a guarantee
to comply with European privacy legislation
(https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user invokes a feature of this online offering that includes such a
plugin, their device establishes a direct connection with the Facebook
servers. The content of the plugin is transmitted by Facebook directly to
the device of the user and incorporated by him into the online offer. In the
process, user profiles can be created from the processed data. We therefore
have no influence on the amount of data that Facebook collects with the help
of this plugin and therefore informs users according to our knowledge. By
integrating the plugins, Facebook receives the information that a user has
accessed the corresponding page of the online offer. If the user is logged
in to Facebook, Facebook can assign the visit to his Facebook account. If
users interact with the plugins, for example, press the Like button or leave
a comment, the information is transmitted from your device directly to
Facebook and stored there. If a user is not a member of Facebook, there is
still the possibility that Facebook will find out and save their IP address.
According to Facebook, only an anonymous IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and
use of the data by Facebook, as well as the related rights and setting
options for protecting the privacy of users, can be found in Facebook's
privacy policy:
https://www.facebook.com/about/privacy/. If a user is a Facebook member
and does not want Facebook to collect data about him through this online
offer and associate it with his member data stored on Facebook, he must log
out of Facebook and delete his cookies before using our online offer. Other
settings and inconsistencies regarding the use of data for advertising
purposes are possible within the Facebook profile settings:
https://www.facebook.com/settings?tab=ads or via the USA website
http://www.aboutads.info/choices/ or the EU website
http://www.youronlinechoices.com/. The settings are platform independent,
what means they are adopted for all devices, such as desktop computers or
mobile devices.
Payment service PayPal
In the
course of the execution of contracts for work offered by the operator of
this website, it may happen that links to the websites of Paypal are
forwarded. Here the user only needs to specify a transaction number. All
personal data is made available by PayPal from the user accounts of its
customers - they are not stored by the operator of this online offer and
also not within the online offer itself.
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with Datenschutz-Generator.de by RA Dr. med. Thomas Schwenke |