Professor Dr. med. Ivo Buschmann
European Foundation for Vascular & Preventive Medicine (ESVM)
Medizinische Hochschule Brandenburg
Hochstraße 29 · 14776 Brandenburg an der Havel
Telefon (00 49 (0) 33 81) 41 15 76
Telefax 00 49 (0) 33 81) 41 15 09
Type of Processed Data
- Inventory Data (e.g., customer master data, names, addresses).
- Contact details (e.g., e-mail, phone numbers).
- Content Data (e.g., text input, photographs, videos).
- Contract data (e.g. subject matter of the contract, fees).
- Usage Data (e.g., interests, websites visited, purchasing behaviour, access times, log Data).
- Meta/communication Data (e.g., device IDs, IP addresses)
- Special categories of data (health data).
Categories of Data Subjects
Business partners, visitors and users of the online services.
In the following, we will also summarise the data subjects as “users”.
Purpose of Processing
- Provision of the Online Services, its functions and contents.
- Provision of contractual services, service and customer care.
- Response to contact requests and communication with users.
- Security measures.
- Marketing, advertising and market research.
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.
“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.
“Controller” 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.
“Profiling” means any automated processing of personal data consisting in the use of such personal data to analyse, evaluate or predict certain personal aspects relating to a natural person (depending on the type of profiling, this includes information regarding age, gender, location and movement data, interaction with websites and their contents, shopping behaviour, social interactions with other people) (e.g. interests in certain contents or products, click behaviour on a website or the location). Cookies and web beacons are often used for profiling purposes.
“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; E.g. if an exact interest profile of the computer user is stored in a cookie (a “marketing avatar”), but not the name of the user, then data is processed pseudonymously. If his name is stored, e.g. as part of his e-mail address or his IP address is stored, then the processing is no longer pseudonymous.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant Legal Basis for the Processing
The processing of data for purposes other than those for which they were collected shall be governed by the provisions of Art. 6 (4) GDPR.
The processing of special categories of data (in accordance with Art. 9 para. 1 GDPR) is governed by the provisions of Art. 9 (2) GDPR and § 22 BDSG.
Security of Data Processing
We shall take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
The measures include the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, integrity and pseudonymity. Furthermore, we have established procedures that guarantee the assertion of data subjects’ rights, the erasure of data and the response to data hazards. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection by design of technology and by data protection-friendly presettings.
The security measures include in particular the encrypted transmission of data between your browser and our server.
Cooperation with Processors, Joint Controllers and Third Parties
If we disclose data to other persons and companies (processors or third parties) within the scope of our processing, transfer the data to them or otherwise grant them access to the data, this will only be carried out on the basis of a legal permission (e.g. if a transfer of the data to third parties, such as to payment service providers, is required for contract fulfilment, if you have consented, if a legal obligation requires this or on the basis of our legitimate interests (e.g. when using agents, web hosting services, etc.).
If we disclose, transfer or otherwise grant access to data to other companies in our Group of Companies (Undertakings), this is done in particular for administrative purposes as a legitimate interest and in addition on the basis of a Data Processing Agreement.
Transfers to Third Countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA) or Switzerland) or if this occurs in the context of the use of third-party services or disclosure or transmission of data to third parties, this only takes place if it is necessary to fulfil 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 let the data being processed in a third country only if the legal requirements are met. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised adequate data protection level (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised special contractual obligations.
Rights of Data Subjects
You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and a copy of the data in accordance with the law.
You have correspondingly. In accordance with the law, the right to obtain from the controller the rectification of inaccurate personal data concerning you, or the completion of the data concerning you.
In accordance with the law, you have the right to demand that relevant data be erased without undue delay or, alternatively, to demand a restriction of the processing of the data in accordance with the law.
You have in accordance with the law the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.
In accordance with the law, you also have the right to file a complaint with a supervisory authority.
Right of Withdrawal
You have the right to withdraw consents granted with effect for the future.
Right to Object
You can object to the future processing of the data concerning you in accordance with the law at any time. The objection may be lodged in particular against processing for direct marketing purposes.
Cookies and Right to Object in Direct Marketing
„Cookies” are small files that are stored on the user’s computer. Within the cookies different data can be stored. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online service. 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, for example, the content of a shopping basket in an online shop or a login status can be stored. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved when users visit it after several days. Likewise, the interests of users used for web analytics or marketing purposes may be stored in such a cookie. “Third-party cookies” are cookies that are served by providers other than the Controller for operating the online services (otherwise, if they are only the Controller’s cookies, they are referred to as “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online services.
Erasure of data
If the data are not erased because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is excluded and not processed for other purposes. This applies, for example, to data that must be retained for commercial or taxation reasons.
Health Care Services
We process the data of our patients and interested parties and other clients or contractual partners (uniformly referred to as “patients”) in accordance with Art. 6 Para. 1 lit. b) GDPR in order to provide our contractual or pre-contractual services to them.
The data processed here, the type, scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship. The processed data generally include patient inventory and master data (e.g., name, address, etc.), contact data (e.g., e-mail address, telephone, etc.), contract data (e.g., services used, products purchased, costs, names of contact persons) and payment data (e.g., bank details, payment history, etc.).
Within the scope of our services, we may also process special categories of data in accordance with Art. 9 (1) GDPR, in particular information on the health of patients, if necessary with reference to their ethnicity, race, sexual life or sexual orientation. For this purpose, we shall, if necessary, pursuant to Art. 6 (1) a, Art. 7, Art. 9 (2) a GDPR and otherwise process the special categories of data for health care purposes on the basis of Art. 9 (2) h GDPR, § 22 (1) No. 1 b. BDSG (German Federal Data Protection Law).
If necessary for the fulfilment of the contract or required by law, we disclose or transmit the data of patients in the context of communication with medical specialists, third parties involved in the fulfilment of the contract, such as laboratories, accounting offices or comparable service providers, if this is necessary for the provision of our services pursuant to Art. 6 (1) b GDPR serves, according to art. 6 (1) c GDPR is prescribed to serve our interests or those of patients in efficient and cost-effective health care as a legitimate interest pursuant to Art. 6 (1) f GDPR or is necessary pursuant to Art. 6 (1) d GDPR. to protect the vital interests of patients or another natural person or within the scope of consent pursuant to Art. 6 (1) a, Art. 7 GDPR.
The data will be deleted when the data is no longer required to fulfil contractual or statutory duties of care or to deal with any warranty or comparable obligations, whereby the necessity of storing the data is checked every three years; in all other respects, the statutory duties of storage apply.
We process the data of our contractual partners, prospective customers and other clients, customers, clients or contractual partners (uniformly referred to as “contractual partners”) within the scope of our contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g., services used, contract contents, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).
We process data which are necessary to justify and fulfil the contractual services and point out the necessity of their disclosure, unless this is evident for the contractual partners. Disclosure to external persons or companies is only made if it is required within the framework of a contract. When processing the data provided to us within the scope of an assignment, we act in accordance with the instructions of the contractual partners and the legal requirements.
When using our online services, we may store the IP address and the time of the respective user action. This data is stored on the basis of our legitimate interests as well as the users’ interests in the protection against misuse and other unauthorized use. A passing on of this data to third parties does not take place in principle, unless it is necessary to pursue our claims or there is a legal obligation to do so.
The data will be deleted if the data is no longer required for the fulfilment of contractual or statutory duties of care or for the handling of any warranty or comparable obligations; in all other respects, the statutory archiving obligations apply.
Administration, Financial Accounting, Office Organization, Contact Management
Based on our legitimate interests we process data in the course of administrative tasks as well as the organisation of our company, financial accounting and compliance with legal obligations, e.g. archiving. We process the same data that we process as part of the performance of our contractual services. Data subjects are affected by the processing: customers, interested parties, business partners and website visitors. The purpose of the processing is the administration, financial accounting, office organization, archiving of data that serve the maintenance of our company and our services.
We disclose or transmit data to the tax authorities, tax consultants, auditors, other fee offices, legal advisors and payment service providers.
Furthermore, we store information on business partners, customers and prospects on the basis of our business interests, e.g. for the purpose of making contact at a later date. We store this data, which is mainly company-related, permanently.
Provision of our Statutory and Business services
We process the data of our members, supporters, interested parties, customers or other persons in accordance with Art. 6 (1) b GDPR, if we offer them contractual services or become active within the scope of an existing business relationship, e.g. with members, or if we ourselves are recipients of services and benefits. In all other respects, we process the data of data subjects in accordance with Art. 6 (1) f GDPR on the basis of our legitimate interests, e.g. when administrative tasks or public relations work is involved.
The data processed here, the type, the extent and the purpose and the necessity of their processing are determined by the underlying contractual relationship. In principle, this includes inventory and master data of the persons (e.g., name, address, etc.), as well as the contact data (e.g., e-mail address, telephone, etc.), the contract data (e.g., services used, contents and information provided, names of contact persons) and if we offer payable services or products, payment data (e.g., bank details, payment history, etc.).
We delete data that is no longer required for the performance of our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the case of business processing, we retain the data for as long as it can be relevant for business transactions as well as with regard to any warranty or liability obligations. The necessity of data retention is reviewed every three years; otherwise, the statutory retention obligations apply.
Contact and Customer Service
When contacting us (e.g. via contact form, e-mail, telephone or social media), the user’s details for processing the contact enquiry and its handling within the framework of contractual/pre-contractual relationships with customers or, in the case of non-customers, on the basis of our legitimate interests in responding to the enquiries will be processed. User information can be stored in a customer relationship management system (“CRM system”) or comparable communication organization.
We delete the requests if they are no longer necessary and the statutory archiving obligations do not require any storage. We review the necessity every two years.
Hosting and E-mail Service
The hosting services we use are provided for the following purposes: infrastructure and platform services, computing capacity, storage space and database services, e-mail delivery, security services and technical maintenance services that we use for the purpose of operating our Online Services.
We and our hosting provider process inventory data, contact data, content data, contract data, usage data, meta- and communication data of customers, prospective customers and visitors of our Online Services on the basis of our legitimate interests in an efficient and secure provision of our Online Services.
Collection of Access Data and Log Files
We, or our hosting provider, collect data about each access to the server on which our Online Services are located (so-called “server log files”) on the basis of our legitimate interests. Access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted or made anonymous. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
Integration of Third-Party Services and Content
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our Online Services), we use content or other services from third parties within our Online Services in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “Content”).
This always presupposes that the third-party providers of this content perceive the IP address of the users, since without the IP address they could not send the Content to their browser. The IP address is therefore required for the display of this Content. We make every effort to use only Content whose respective providers use the IP address only for the delivery of the Content. Third-party providers may also use so-called “pixel tags” (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Web beacons can be used to evaluate information such as visitor traffic on the pages of our Online Services. The pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our Online Services, as well as be linked to such information from other sources.
Google is certified under the Privacy Shield framework which offers a guarantee of compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).