Data protection

This data protection declaration 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 websites, functions and content associated with it as well as external online presences, such as our social media profile (hereinafter collectively referred to as “online offering”). With regard to the terms used, such as “processing” or “responsible person”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible person

Dr. Alexander Moser, Friedrichstraße 58, 10117 Berlin, E-mail: kontakt@sportorthopaedie.berlin

imprint

Types of data processed:

Inventory data (e.g., names, addresses)
Contact details (e.g., email, 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)

Categories of data subjects

Visitors and users of the online offering (hereinafter we refer to the affected persons collectively as “users”).

Purpose of processing

Provision of the online offer, its functions and content
Answering contact requests and communicating with users
Security measures, range measurement/marketing

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered 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 special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

“Processing” means any operation or series of operations relating to personal data, carried out with or without the aid of automated procedures. The term is broad and encompasses virtually every way data is handled.

“Pseudonymization” means the processing of personal data in such a way 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 organizational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.

“Profiling” means any type of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movements of that natural person.

The “controller” is the natural or legal person, public authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

“Processor” means a natural or legal person, public authority, institution or other body that processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Article 6 Paragraph 1 lit The legal basis for processing to protect our legitimate interests is Article 6 (1) (f) GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 Letter d GDPR serves as the legal basis.

Security measures

In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, distribution, ensuring availability and its separation. We have also set up procedures to ensure that the rights of those affected are exercised, data are deleted and data are at risk. We also take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

Collaboration with processors and third parties

If, as part of our processing, we disclose data to other people and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the fulfillment of the contract in accordance with Article 6 Paragraph 1 lit. b GDPR), you have consented, a legal obligation requires this or on the basis of our legitimate interests (e.g Use of agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “order processing contract”, 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 as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur 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 only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level that corresponds to 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 the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR gives you the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.

In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

In accordance with Article 77 of the GDPR, you also have the right to lodge a complaint with the responsible supervisory authority.

Right of withdrawal

You have the right to revoke your consent in accordance with Article 7 Paragraph 3 of the GDPR with effect for the future

Right to object

You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection can in particular be made against processing for direct advertising purposes.

Cookies and right to object to direct advertising

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to 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. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. 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 if users visit it after several days. Such a cookie can also store the interests of the users, which are used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, they are referred to as “first-party cookies”). We can use temporary and permanent cookies and explain this in our data protection declaration.

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. Saved cookies can be deleted in the browser's system settings. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ can be explained. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer may then be able to be used.

Deletion of data

The data we process will be deleted or its processing will be restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any legal retention obligations. Unless the data is deleted because it is required for other 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 reasons.

According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Paragraph 1 AO, 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant to taxation, etc.) and 6 years in accordance with Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB (commercial letters).

According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.

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 Article 6 Paragraph 1 Letter b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and necessity of their processing are determined by the underlying contractual relationship. The data processed generally includes patient inventory and master data (e.g., name, address, etc.), as well as contact details (e.g., email 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.).

As part of our services, we can also process special categories of data in accordance with Article 9 Para. 1 GDPR, in particular information on the health of patients, possibly with reference to their sex life or sexual orientation. For this purpose, if necessary, we will consult Art. 6 Para. 1 lit. a., Art. 7, Art. 9 Para. 2 lit. a. GDPR requires the patient's express consent and otherwise processes the special categories of data for health care purposes on the basis of Art. 9 Para. 2 lit h. GDPR, Section 22 Paragraph 1 No. 1 b. BDSG.

If required for the fulfillment of the contract or by law, we disclose or transmit the patient's data in the context of communication with medical professionals, third parties that are necessary or typically involved in the fulfillment of the contract, such as laboratories, billing offices or comparable service providers, provided that this is necessary for the provision of our services in accordance with Article 6 Paragraph 1 lit b. GDPR serves, legally in accordance with Art. 6 Para. 1 lit c. GDPR is prescribed, serves our interests or those of the patients in efficient and cost-effective healthcare as a legitimate interest in accordance with Article 6 Paragraph 1 Letter f of the GDPR or in accordance with Article 6 Paragraph 1 Letter d. GDPR is necessary. to protect the vital interests of patients or another natural person or within the scope of consent in accordance with Article 6 Paragraph 1 Letter a., Article 7 GDPR.

The data will be deleted when the data is no longer required to fulfill contractual or legal duties of care as well as to deal with any warranty and comparable obligations, whereby the necessity of retaining the data is reviewed every three years; Otherwise, the statutory retention requirements apply.

Administration, financial accounting, office organization, contact management

We process data as part of administrative tasks such as organizing our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The basis for processing is Article 6 Paragraph 1 Letter c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, carry out our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information provided 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, based on our business interests, we store information about suppliers, organizers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently.

Contact us

When contacting us (e.g. via contact form, email, telephone or via social media), the user's information is used to process the contact request and process it in accordance with Article 6 Paragraph 1 Letter b. (as part of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) GDPR processed. User information can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We delete the requests if they are no longer necessary. We review the necessity every two years; The statutory archiving obligations also apply.

Hosting and email delivery

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art.

Google AdWords and conversion measurement

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use the services of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (“Google”).

Google is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use the online marketing process Google “AdWords” to place advertisements in the Google advertising network (e.g. in search results, in videos, on websites, etc.) so that they are displayed to users who have a presumed interest in the advertisements. This allows us to display advertisements for and within our online offering in a more targeted manner in order to only present users with advertisements that potentially match their interests. For example, if a user is shown ads for products that they were interested in on other online offerings, this is referred to as “remarketing”. For these purposes, when you visit our and other websites on which the Google advertising network is active, Google directly executes a code from Google and so-called (re)marketing tags (invisible graphics or code, also referred to as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). This file records which websites the user has visited, what content the user is interested in and which offers the user has clicked on, as well as technical information about the browser and operating system, referring websites, visiting time and other information about the use of the online offer.

We also receive an individual “conversion cookie”. The information collected using the cookie is used by Google to create conversion statistics for us. However, we only know the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. However, we do not receive any information that can be used to personally identify users.

User data is processed pseudonymously within the Google advertising network. This means that Google does not store and process the user's name or email address, for example, but rather processes the relevant cookie-related data within pseudonymous user profiles. This means that from Google's perspective, the advertisements are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who the cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google's servers in the USA.

Weitere Informationen zur Datennutzung durch Google, Einstellungs- und Widerspruchsmöglichkeiten, erfahren Sie in der Datenschutzerklärung von Google (https://policies.google.com/technologies/ads) sowie in den Einstellungen für die Darstellung von Werbeeinblendungen durch Google (https://adssettings.google.com/authenticated).

Onlinepräsenzen in sozialen Medien

We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users who are active there and inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our data protection declaration, we process users' data if they communicate with us on social networks and platforms, e.g. write posts on our online presence or send us messages.

Integration of third-party services and content

Within our online offering, based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. 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 assumes that the third party providers of this content are aware of the user's IP address, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also known 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 can also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offering, as well as being linked to such information from other sources.

Youtube

We integrate the videos from the “YouTube” platform of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Fonts

We incorporate the fonts (“Google Fonts”) from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Maps

We incorporate the maps from the “Google Maps” service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, users' IP addresses and location data, which, however, are not collected without their consent (usually carried out as part of the settings of their mobile devices). The data can be processed in the USA. Data protection declaration: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Use of Facebook social plugins

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use social plugins (“plugins”) from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).

This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Facebook. 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 that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user accesses a function of this online offering that contains such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offering. User usage 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 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. When users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding 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 store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.

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 website 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.

Prepared by RA Dr. Thomas Schwenke