Data protection declaration
Last update 25.05.2018.
The samedi GmbH (in short "samedi") offers with the Internet software accessible through the Internet platforms app.samedi.de and app.samedi.cc (including all associated top-level, country and sub-domains) a web software for individual data processing, which can only be accessed via web browser or samedi apps. A use of the samedi internet pages is in principle possible without any indication of personal data. However, if an affected person wishes to use special services provided by our company, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the affected person. The processing of personal data, for example the name, address, e-mail address or telephone number of the affected person, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to samedi. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, due to this data protection declaration, the data subject will be informed of their rights. samedi, as data controller, has implemented numerous technical and organisational measures to ensure the most complete protection possible of the processed personal data. This includes in particular that the transfer of data from the computer of the user to the samedi servers as well as vice versa the downloading of data from the samedi servers to the computer of the user is encrypted. For this, samedi uses the current encryption standard TLS (Transport Layer Security, Version 1.2). This proven cryptographic procedure is used worldwide as a standard for highly sensitive transactions on the Internet, such as in online banking and sensitive Internet applications in the health sector. It currently combines a 4096 bit long public key with a random symmetric key with a length of 256 bits. The lock symbol in the browser window indicates whether the information is transmitted securely and what encryption length is supported in the browser. The authenticity of the samedi encryption key is confirmed by the SSL/TLS certificate (currently from Network Solutions L.L.C.). With a Double-click on the lock symbol at the top of the screen you can find out more about the certificate.
All data stored on the samedi servers is stored on encrypted hard disks (AES-256). In addition, data subject to medical confidentiality is encrypted locally on the customer's computer and only then transferred to the samedi servers. A multi-level system of symmetrical and asymmetrical encryption algorithms is used, so that neither administrators nor employees of samedi nor third parties can read this data in plain text. To decrypt the required keys, it is imperative to know the user name and password of the user account. All cryptographic algorithms used comply with the Technical Guideline TR-02102 ("Cryptographic procedures: recommendations and key lengths") of the German Federal Office for Information Security (BSI).
samedi works with an external Internet provider (currently: Filoo GmbH, Rhedaer Straße 25, D-33330 Gütersloh) for the secure, physical storage of user/customer data. The servers provided by this provider are located in Germany. Only specially authorized persons (e.g. from service companies for maintenance work) have access to the secured rooms. Due to the encrypted data storage, these persons cannot access the customer data. The provider guarantees the use of modern firewall technology and physically secured facilities. The provider's area of responsibility only includes ensuring the availability of the data center infrastructure (electricity, Internet, routing) and the rented hardware (e.g. replacement of defective components). Only samedi administrators have access to the servers themselves.
samedi's data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Special categories of personal data
Special personal data are information revealing racial and ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as genetic data, biometric data uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
c) Data subject
Data subject means any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
e) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
h) Controller or controller responsible for the processing
Controller or controller responsible for the processing means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
k) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the Controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
represented by the managing directors Prof. Dr. Alexander Alscher, Katrin Keller
Rigaer Str. 44
Phone: +49 (0)30 21230707-0
3. Name and Address of the Data Protection Officer
The data protection officer of the controller is:
Dr. med. Tobias Wauschkuhn
c/o samedi GmbH
Rigaer Str. 44
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
5. Collection of General Data and Information (log files) when using the website
The samedi website collects a series of general data and information when a data subject or an automated system accesses the website. This general data and information are stored in the server log files. Collected may be
- the browser types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system reaches our website (so-called referrers),
- the sub-websites, which are accessed via an accessing system on our website,
- the date and time of access to the Internet site,
- an Internet protocol address (IP address),
- the Internet service provider of the accessing system, and
- other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using these general data and information, samedi does not draw any conclusions about the data subject. Rather, this information is needed to
- to deliver the content of our website correctly,
- to optimize the content of our website as well as its advertisement,
- to ensure the long-term functionality of our information technology systems and the website technology, and
- to provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
Therefore, samedi analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
6. Registration on our website and use of contractual services
a) Personal data
The data subject has the possibility to register on the website of the controller with the indication of personal data, and use services provided by samedi. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration and for the provision of services. The personal data entered by the data subject are collected and stored exclusively for the provision of contractual services and for internal use by the controller, and for his own purposes. The controller may arrange for the data to be transferred to one or more processors, who shall also use the personal data exclusively for internal use attributable to the controller. By registering on the website of the controller,
(1) the IP address - assigned by the Internet Service Provider (ISP) and used by the data subject, (2) the date, and (3) the time of registration will also be stored.
The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
b) special categories of personal data
The data subject will be given the possibility to transmit genetic data, biometric data for the unique identification of a natural person and health data for specified purposes. The special categories of personal data transmitted to the data controller is determined by the respective input mask used for registration and for the provision of services. Special categories of personal data will only be processed with the explicit consent of the data subjects.
c) Encryption of data
The personal and special categories of personal data of third parties (especially patient- and health data) stored by the data subject in his personal user account are encrypted locally on the user’s computer and are only available decrypted locally on the user’s computers. This means that only the users can view their own particularly sensitive data locally. samedi does not store the personal data in plain text, but only as cryptographic data ("crypto data") on the samedi servers. In contrast to pseudonymised data, samedi's crypto data does not contain any individual personal or factual information and has a virtually empty information content. For this purpose, samedi designed and implemented a client-side encryption solution. This procedure ensures that the data can only be decrypted by the authorized users in the client system. This approach complies with the requirements of the Data Protection Commissioner of the Federal Government and the federal states - "Data Protection and Telemedicine - Requirements for Medical Networks 2002" (cf. https://www.datenschutz.rlp.de/fileadmin/lfdi/Dokumente/Orientierungshilfen/dsb_oh_telemedizin.pdf, Stand Mai 2018) - since it can be ensured that samedi cannot take note of any personal medical data. Therefore, this does not constitute a breach of medical confidentiality pursuant to § 203 StGB. Likewise, the seizure protection according to § 97 para. 2 sentence 2 StPO is relevant for samedi as a cloud service provider with the encryption technology, since the seizure protection for persons in the medical profession is extended to service providers (such as samedi), provided that they process data worthy of protection.
No special categories of personal data will be passed on by samedi if the customer has not explicitly given his consent or samedi is obliged to give it away, for example due to a court or official order. If the contractual relationship between the customer and samedi is terminated, samedi will finally delete the data stored in the user account within twelve months, unless the customer has explicitly objected to the deletion of the data and instructs samedi to do so.
7. Customer information and newsletter
On the samedi website and in the user account, users have the opportunity to subscribe to our company's newsletter as well as further customer information via e-mail messages. Which personal data are transmitted to the processor when ordering the service is determined by the specific input mask.
During the registration process, the data subject's consent is obtained for the processing of the data and there is a reference to this data protection declaration. samedi informs their customers and business partners in regular intervals about offers of the company, contractual changes or technical innovations. The newsletter of our company can only be received by the user if (1) the user has a valid e-mail address and (2) the user registers for the dispatch. For legal reasons, a confirmation e-mail in the double opt-in procedure is sent to the e-mail address entered by the user for the first time for dispatch. This confirmation e-mail serves to check whether the owner of the e-mail address has authorized the receipt of the newsletter. Separate consent is only dispensable if we inform registered customers of our own goods and services by electronic mail without objection.
When registering for the service we also save
- the IP address assigned by the Internet Service Provider (ISP) of the computer system used at the time of registration and
- the date and
- the time of registration.
The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a user at a later point in time and therefore serves the legal protection of the data controller.
The personal data collected when registering will be used exclusively for sending our newsletter and customer information. Furthermore, subscribers to the services may be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as could be the case in the event of changes to the service offer or changes in the technical conditions. The personal data collected in the context of the service will not be passed on to third parties. The subscription to our service can be cancelled by the user at any time. The consent to the storage of personal data, which the user has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking your consent, you will find a corresponding link in every newsletter. Furthermore, it is possible at any time to unsubscribe directly from the newsletter dispatch in the customer's user account or to inform the controller in any other way.
Registered users shall be able to leave comments or other contributions on our blog. Doing this their IP addresses are stored for seven days. This takes place for our safety, if someone leaves illegal content in comments and contributions (insults, forbidden political propaganda, etc.).
Users may subscribe to the follow-up comments with their consent. Users will receive a confirmation email to verify that they are the owner of the email address they entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on the cancellation options.
9. Contact via the website
Due to legal regulations, the samedi website provides information that enable a quick contact our company and to communicate directly with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the controller via e-mail or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
10. Routine Erasure or Restriction of Processing of Personal Data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
11. Rights of the Data Subject
The patient and health data processed by samedi are encrypted locally on the user’s computer and are only available decrypted locally on the user’s computers. samedi does not receive this data in plain text, but only as cryptographic data ("crypto data"). In contrast to pseudonymized data, the crypto data does not contain any individual information about personal or factual information and has a virtually empty information content.
The following rights of the persons concerned are therefore limited to the unencrypted personal data that are actually processed by samedi.
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right to information
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
- the right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject, any available information as to their source
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by samedi, he or she may, at any time, contact any employee of the controller. An employee of samedi shall promptly ensure that the erasure request is complied with immediately. Where samedi has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, samedi, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of samedi will arrange the necessary measures in individual cases.
The right to erasure shall not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public 3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR; 4.for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defence of legal claims.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following conditions is met: - The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. - The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead. - The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims. - The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by samedi, he or she may at any time contact any employee of the controller. The employee of samedi will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of samedi.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR including profiling based on these provisions. samedi shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If samedi processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to samedi to the processing for direct marketing purposes, samedi will no longer process the personal data for these purposes.
Furthermore, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by samedi for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of samedi. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, samedi shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may contact any employee of the controller at any time.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may contact any employee of the controller at any time.
j) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States. For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online analysis to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
13. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
14. The legitimate interests in the processing pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and our shareholders.
15. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
16. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject may contact our data protection officer. Our data protection officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.