Data Privacy
Privacy Policy
This privacy policy informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profiles (hereinafter jointly referred to as “online offering”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Controller
CHRISTIAN KLEIN FINE DENTISTRY
Borsigstr. 7
42113 Wuppertal
E-mail data protection officer: dsgvo@drchristianklein.de
Tel.: 0202 760658
Types of data processed:
– Inventory data (e.g. names, addresses).
– Contact data (e.g. e-mail, telephone numbers).
– Content data (e.g. text entries, photographs, videos).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta/communication data (e.g. device information, IP addresses).
Purpose of processing
– Provision of the online offering, its functions and content.
– Responding to contact requests and communication with users.
– Security measures.
– Reach measurement/marketing.
– Provision of the online offering, its functions and content.
– Responding to contact requests and communication with users.
– Security measures.
Terms used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is regarded as identifiable if he or she 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 (e.g. cookie) 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, whether or not by automated means. The term is broad and covers practically any handling of data.
“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.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal bases of our data processing. Insofar as the legal basis is not specified in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR; the legal basis for processing for the performance of our services and execution of contractual measures as well as responding to enquiries is Art. 6(1)(b) GDPR; the legal basis for processing for compliance with our legal obligations is Art. 6(1)(c) GDPR; and the legal basis for processing to safeguard our legitimate interests is Art. 6(1)(f) GDPR. In the event that vital interests of the data subject or of another natural person require the processing of personal data, Art. 6(1)(d) GDPR serves as the legal basis.
Security measures
We ask you to regularly inform yourself about the content of our privacy policy. We will adapt the privacy policy as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or any other individual notification.
Cooperation with processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit such data to them or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6(1)(b) GDPR), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “data processing agreement”, this is done on the basis of Art. 28 GDPR.
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 if this occurs in the context of the use of services of third parties or the disclosure or transfer of data to third parties, this is only done if it is necessary for the performance of our (pre-)contractual obligations, on the basis of your consent, due to 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 if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing is carried out, for example, on the basis of special safeguards, such as the officially recognized determination of a level of data protection equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether data concerning you is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to request that data concerning you be deleted without delay, or alternatively, in accordance with Art. 18 GDPR, to request a restriction of the processing of the data.
You have the right to receive the data concerning you which you have provided to us in accordance with Art. 20 GDPR and to request its transmission to other controllers.
Furthermore, in accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
Right of revocation
You have the right to withdraw consents granted in accordance with Art. 7(3) GDPR with effect for the future.
Right to object
You may object at any time to the future processing of data concerning you in accordance with Art. 21 GDPR. The objection may, in particular, be made against processing for direct marketing purposes.
Cookies and right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Various information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offering. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offering and closes their browser. For example, the content of a shopping cart in an online shop or a login status can be stored in such a cookie. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be stored if users visit it after several days. Likewise, users’ interests can be stored in such a cookie, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies offered by providers other than the controller who operates the online offering (otherwise, if it is only their cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this in our privacy policy.
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 browser’s system settings. The exclusion of cookies may lead to functional restrictions of this online offering.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that not all functions of this online offering may then be usable.
Deletion of data
The data processed by us will be deleted or its processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated within the framework of this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
In accordance with legal requirements in Germany, the retention period is in particular 6 years in accordance with § 257(1) HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting records, etc.) and 10 years in accordance with § 147(1) AO (books, records, management reports, accounting records, commercial and business letters, documents relevant for taxation, etc.).
In accordance with legal requirements in Austria, the retention period is in particular 7 years in accordance with § 132(1) BAO (accounting records, receipts/invoices, accounts, vouchers, business papers, statements of income and expenditure, etc.), 22 years in connection with real estate and 10 years for documents relating to electronically supplied services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Services for the purpose of health care
We process the data of our patients and interested parties and other clients or contractual partners (referred to uniformly as “patients”) in accordance with Art. 6(1)(b) GDPR in order to provide them with our contractual or pre-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 essentially includes the inventory and master data of the patients (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, purchased products, costs, names of contact persons) and payment data (e.g. bank details, payment history, etc.).
In the context 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, possibly with reference to their sex life or sexual orientation. For this purpose, we obtain, where necessary, explicit consent from patients in accordance with Art. 6(1)(a), Art. 7 and Art. 9(2)(a) GDPR and otherwise process special categories of data for the purposes of health care on the basis of Art. 9(2)(h) GDPR, § 22(1) no. 1(b) BDSG.
Insofar as is necessary for the performance of the contract or required by law, we disclose or transmit the patients’ data in the context of communication with medical professionals, to third parties necessarily or typically involved in the performance of the contract, such as laboratories, billing offices or comparable service providers, insofar as this serves the provision of our services pursuant to Art. 6(1)(b) GDPR, is prescribed by law pursuant to Art. 6(1)(c) GDPR, serves our interests or those of the 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 vital interests of the patients or another natural person or within the framework of consent pursuant to Art. 6(1)(a), Art. 7 GDPR.
The data is deleted when it is no longer required for the fulfilment of contractual or legal duties of care and for dealing with any warranty and comparable obligations; the necessity of retaining the data is reviewed every three years; in all other respects, the statutory retention obligations apply.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as the organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The legal bases are Art. 6(1)(c) GDPR, Art. 6(1)(f) GDPR. Customers, interested parties, business partners and visitors to the website are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization and archiving of data, i.e. tasks that serve the maintenance of our business activities, the performance of our duties and the provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information given in these processing activities.
We disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors, as well as other fee offices and payment service providers.
Furthermore, on the basis of our business interests, we store information on suppliers, organizers and other business partners, e.g. for the purpose of later contact. We generally store these majority business-related data permanently.
Business analyses and market research
In order to be able to operate our business economically, to recognize market trends and wishes of customers and users, we analyse the data available to us from business transactions, contracts, enquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data and metadata on the basis of Art. 6(1)(f) GDPR, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offering.
The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we can take into account the profiles of registered users with details, for example, of their purchase transactions. The analyses serve us to increase user-friendliness, to optimize our offering and to improve our business efficiency. The analyses are for our use only and are not disclosed externally, unless they are anonymous analyses with aggregated values.
If these analyses or profiles are personal, they are deleted or anonymised when users cancel, otherwise two years after the conclusion of the contract. In all other respects, the overall business analyses and general trend determinations are prepared anonymously where possible.
Data protection information in the application process
We process applicant data only for the purpose and within the scope of the application procedure in accordance with legal requirements. The processing of applicant data is carried out for the fulfilment of our (pre-)contractual obligations in the context of the application procedure within the meaning of Art. 6(1)(b) GDPR, Art. 6(1)(f) GDPR if the data processing becomes necessary for us, for example, in the context of legal proceedings (in Germany, § 26 BDSG also applies).
The application process requires applicants to provide us with applicant data. The necessary applicant data is, where we offer an online form, indicated as such, otherwise it results from the job descriptions and generally includes personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and references. Applicants may also voluntarily provide us with additional information.
By submitting the application to us, applicants agree to the processing of their data for the purposes of the application procedure in the manner and scope set out in this privacy policy.
Insofar as, within the scope of the application procedure, voluntarily provided special categories of personal data within the meaning of Art. 9(1) GDPR are communicated, their processing is additionally carried out in accordance with Art. 9(2)(b) GDPR (e.g. health data, such as severe disability or ethnic origin). Insofar as, within the scope of the application procedure, special categories of personal data within the meaning of Art. 9(1) GDPR are requested from applicants, their processing is additionally carried out in accordance with Art. 9(2)(a) GDPR (e.g. health data if this is necessary for the exercise of the profession).
If provided, applicants can submit their applications to us via an online form on our website. The data will be transmitted to us in encrypted form in accordance with the state of the art. Furthermore, applicants can send us their applications by e-mail. However, we would like to point out that e-mails are generally not sent in encrypted form and that applicants must ensure encryption themselves. We can therefore accept no responsibility for the transmission path of the application between the sender and the receipt on our server and therefore recommend using an online form or postal dispatch instead. Instead of applying via the online form and e-mail, applicants still have the option of sending us their application by post.
The data provided by applicants may be further processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a job offer is not successful, the applicants’ data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Deletion takes place, subject to a justified revocation by the applicants, after the expiry of a period of six months so that we can answer any follow-up questions relating to the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax law requirements.
Contacting us
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details are processed for handling the contact enquiry and its processing in accordance with Art. 6(1)(b) GDPR. The users’ details may be stored in a Customer Relationship Management system (“CRM system”) or comparable enquiry organization.
We delete the enquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
Google Analytics
On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR), we use Google Analytics, a web analysis service of Google LLC (“Google”). Google uses cookies. The information generated by the cookie about users’ use of the online offering is generally transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on the activities within this online offering and to provide us with further services associated with the use of this online offering and the use of the internet. In doing so, pseudonymous usage profiles of the users can be created from the processed data.
We use Google Analytics only with IP anonymization activated. This means that the IP address of users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection by Google of the data generated by the cookie and related to their use of the online offering and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Further information on data use by Google, settings and objection options can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).
The personal data of users is deleted or anonymised after 14 months.
Online presences in social media
We maintain online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless otherwise stated in our privacy policy, we process users’ data if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
Integration of third-party services and content
Within our online offering, on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR), we use content or service offerings from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always requires 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 endeavour to use only such content whose respective providers use the IP address solely for the delivery of the content. Third-party providers 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 users’ device and may contain, among other things, technical information about the browser and operating system, referring websites, visit time and other details regarding the use of our online offering, as well as being linked to such information from other sources.
Google Maps
We integrate the maps of the “Google Maps” service of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may in particular include IP addresses and location data of the users, which, however, are not collected without their consent (usually as part of the settings of their mobile devices). The data may be processed in the 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 (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR), we use social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can represent interaction elements or content (e.g. videos, graphics or text posts) and are recognizable by one of the Facebook logos (white “f” on blue tile, the terms “Like”, “Gefällt mir” or a “thumbs up” sign) or are marked with the additional text “Facebook Social Plugin”. The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offering that contains such a plugin, their device establishes a direct connection with the servers of Facebook. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offering by it. Usage profiles of the users can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and inform users according to our level of knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by pressing the Like button or leaving a comment, the corresponding information is transmitted directly from their device 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 store their IP address. According to Facebook, only an anonymised IP address is stored in Germany.
The purpose and scope of data collection and the further processing and use of the data by Facebook as well as the related rights and settings 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 them via this online offering and link it to their member data stored on Facebook, they must log out of Facebook and delete their cookies before using our online offering. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.