With the following data protection declaration, we would like to inform you about the types of your personal data (hereinafter also referred to as "data" for short) that we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both as part of the provision of our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "Online Offer"). The terms used are not gender-specific.
The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.
Types of data processed
- Inventory data (e.g. names, addresses, date of birth).
- Content data (e.g. text input, login).
- Contact information (e.g. email, telephone numbers).
- Meta/communication data (e.g. device information, IP addresses).
- Usage data (e.g. websites visited, access times).
- Contract data (e.g. subject of the contract, term, customer category).
- Payment data (e.g. bank details, invoices, payment history).
- Health data (e.g. gender, height, weight, blood pressure, blood sugar, previous medical conditions, family predispositions)
Categories of data subjects
- Business and contractual partners and interested parties.
- Communication partner.
- Users (e.g. website visitors, users of software/platform services).
Purposes of processing
- Visitor action evaluation.
- Office and organizational procedures.
- Contact requests and communication.
- Reach measurement (e.g. access statistics, recognition of returning visitors).
- Security measures.
Contractual services (software and platform services)
- Health screening in the HealthCaters HealthCase.
- Creation of a personalized health report.
- Online assistance in the course of the health screening.
- Provision of personal health tips for a healthier lifestyle.
In the following, we share the legal basis of the General Data Protection Regulation (GDPR) on the basis of which we process personal data. Please note that in addition to the regulations of the DSGVO, the national data protection regulations in your or our country of residence and domicile may apply. Furthermore, should more specific legal bases be relevant in individual cases, we will inform you of these in the data protection declaration.
- Consent (Art. 6 Para. 1 S. 1 lit. a GDPR): The person concerned has given their consent to the processing of their personal data for a specific purpose or several specific purposes.
- Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR): The processing is necessary for the fulfillment of a contract to which the data subject is a party, or for the implementation of pre-contractual measures that are required at the request of the data subject take place.
- Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR): The processing is necessary to fulfill a legal obligation to which the person responsible is subject.
- Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR): Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which protect personal data Data require prevail.
National data protection regulations in Germany
In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act - BDSG). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission, as well as automated decision-making in individual cases, including profiling. Furthermore, state data protection laws of the individual federal states may apply.
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access to, input of, disclosure of, assurance of availability of and segregation of the data. Furthermore, we have established procedures to ensure the exercise of data subjects' rights, the deletion of data, and responses to data compromise. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software as well as procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
Relevant health information is stored exclusively in encrypted form. The data centers used are located in the European Union and are certified according to common information security standards such as ISO 27001 and the BSI Cloud Computing Compliance Controls Catalogue.
TLS encryption (https)
To protect your data transmitted via our online offer, we use TLS encryption. You can recognize such encrypted connections by the prefix https:// in the address bar of your browser.
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Transmission and disclosure of personal data
In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies or persons. Recipients of this data may include, for example, payment institutions in the context of payment transactions or service providers commissioned with IT tasks. In such cases, we observe the legal requirements and conclude corresponding agreements on the protection of your data with the recipients of your data. Subject to appropriate consent, personal data is also forwarded to insurance companies for marketing purposes. In this context, the consent also covers the contacting by these companies. Like any consent, this can be revoked separately. We inform you about the recipients of data outside our organization below.
Data transfer within the organization: We may transfer personal data to other entities within our organization or grant them access to this data. If this transfer is for administrative purposes, the transfer of the data is based on our legitimate business and operational interests or occurs if it is necessary to fulfill our contract-related obligations or if the consent of the data subject or a legal permission exists.
Transfer of data to recipients outside our organization
MongoDB Limited
Health data, content data, inventory and contact data, usage data, meta / communication data.
Software and platform services
Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), pre-contractual requests (Art. 6 para. 1 p. 1 lit. b. DSGVO)
Amazon Web Services EMEA SARL
Health data, content data, inventory and contact data, usage data, meta / communication data
Software and platform services
Consent (Art. 6 para. 1 p. 1 lit. a DSGVO)
Sendinblue
Inventory and contact data, usage data
Reply to contact requests and communication
Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO), consent (Art. 6 para. 1 p. 1 lit. a DSGVO)
AppSignal B.V.
Inventory and contact data, usage data
Software and platform services
Consent (Art. 6 para. 1 p. 1 lit. a DSGVO)
Google Ireland Ltd.
Inventory and contact data (Google Email, Google Calendar, Google Drive)
Office and organisational procedures
Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b DSGVO), Legitimate interests (Art. 6 para. 1 p. 1 lit. f DSGVO)
Typeform SL
Inventory and contact data, usage data
Collection of user feedback
Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO), Consent (Art. 6 para. 1 p. 1 lit. a DSGVO)
In accordance with the requirements of the DS-GVO, the transfer of data to third countries outside the European Union is only permissible insofar as suitable guarantees exist to ensure a level of data protection that meets EU standards.
Transfer of data to recipients in third countries outside the European Union
Webflow, Inc
Content and contact data (Website contact form)
Answering contact requests and communication
Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO), Consent (Art. 6 para. 1 p. 1 lit. a DSGVO)
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Commercial and business services
We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners") in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with contractual partners (or pre-contractual), e.g. to answer inquiries.
We process this data to fulfill our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as for business organization. Within the framework of applicable law, we only disclose the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or for the fulfillment of legal obligations or with the consent of the contractual partners (e.g. to participating telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.
We delete the data in accordance with the specifications of the contract with the contractual partner, i.e. generally after the end of the contract, unless the data must be retained for legal archiving reasons (e.g. for tax purposes generally 10 years). Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Offer of software and platform services
We process the data of our users, registered users and any test users (hereinafter uniformly referred to as "users") in order to be able to provide our contractual services to them as well as on the basis of legitimate interests in order to ensure the security of our offer and to be able to develop it further. The required information is identified as such in the context of the conclusion of the order or contract and includes the information required for the provision of services and billing as well as contact information in order to be able to hold any consultations.
- Types of data processed: Inventory data (e.g., names, addresses), payment data (e.g., bank details, invoices, payment history), contact data (e.g., e-mail, telephone numbers), contract data (e.g., subject matter of contract, term, customer category), usage and health data (e.g., access times, weight, blood pressure, blood sugar, pre-existing conditions), meta/communication data (e.g., device information, IP addresses).
- Data subjects: Prospective customers, business and contractual partners, customers, users of software / platform services.
- Purposes of processing: Contractual performance and service, contact requests and communication, office and organizational procedures, administration and response to requests, security measures.
- Legal basis: Contract performance and pre-contractual inquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO), consent (Art. 6 para. 1 p. 1 lit. a DSGVO), legal obligation (Art. 6 para. 1 p. 1 lit. c. DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
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Provision of online offer and web hosting
In order to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security services and technical maintenance services.
The data processed as part of the provision of the hosting offer may include all information relating to the users of our online offer, which is generated as part of the use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.
E-mail sending and hosting
The web hosting services we use also include the sending, receiving and storing of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for SPAM detection purposes. Please note that e-mails are generally not sent encrypted on the Internet. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. Therefore, we cannot assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.
Collection of access data and log files
We ourselves (or our web hosting provider) collect data on each access to the server (so-called server log files). The server log files may include the address and name of the web pages and files accessed, the date and time of access, the volume of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.
The server log files may be used, on the one hand, for security purposes, e.g., to prevent server overload (especially in the event of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure the utilization of the servers and their stability.
- Types of data processed: Content data (e.g. text input), usage data (e.g. web pages visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (website visitors).
- Purposes of processing: Contractual performance and service.
- Legal basis: Contract performance and pre-contractual requests (Art. 6 para. 1 p. 1 lit. b. DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
Services used and service providers
Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user's computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. Stored information may include, for example, language settings on a website, login status, a shopping cart, or where a video was watched. We further include in the term cookies other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also referred to as "user IDs").
The following cookie types and functions are distinguished
- Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
- Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for reach measurement or marketing purposes can be stored in such a cookie.
- First-party cookies: First-party cookies are set by ourselves.
- Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
- Necessary (also: essential or absolutely necessary) cookies: Cookies may be absolutely necessary for the operation of a website (e.g. to store logins or other user input or for security reasons).
- Statistical, marketing and personalization cookies: Furthermore, cookies are generally also used in the context of range measurement and when a user's interests or behavior (e.g. viewing certain content, using functions, etc.) on individual websites are stored in a user profile. Such profiles are used, for example, to show users content that matches their potential interests. This information may include, for example, content viewed, websites visited, online networks used, but also communication partners and technical information, such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this may also be processed.
Notes on legal basis
The legal basis on which we process your personal data using cookies depends on whether we ask you for consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is your declared consent. Otherwise, the data processed with the help of cookies is processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfill our contractual obligations.
General information on revocation and objection (opt-out)
Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke any consent you have given or to object to the processing of your data by cookie technologies (collectively referred to as "opt-out"). You can initially declare your objection by means of your browser settings, e.g. by deactivating the use of cookies (although this may also restrict the functionality of our online offer). We therefore additionally recommend the following opt-out options, which are offered for respective regions:
Processing of cookie data on the basis of consent
Processing of cookie data on the basis of consent: Before we process or have data processed within the scope of the use of cookies, we ask users for consent that can be revoked at any time. Before the consent has not been expressed, cookies are used at most, which are necessary for the operation of our online offer. Their use is based on our interest and the interest of users in the expected functionality of our online offer.
- Types of data processed: Usage data (e.g. web pages visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (website visitors).
- Purposes of processing: Visit action evaluation, reach measurement (e.g. access statistics, recognition of returning visitors).
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
Services used and service providers
- Google Analytics: online marketing and web analytics. Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://marketingplatform.google.com/intl/de/about/analytics/; privacy policy: https://policies.google.com/privacy; Standard Contractual Clauses (SCC, guaranteeing the level of data protection when processing data in the USA): https://cloud.google.com/security/compliance/eu-scc. Opt-out. Opt-out plugin: https://tools.google.com/dlpage/gaoptout?hl=de
We use software services accessible via the Internet and executed on the servers of their providers (so-called "cloud services", also referred to as "software as a service") for the following business-related purposes: document storage and management, calendar management, e-mail dispatch, spreadsheets and presentations, exchange of documents, content and information, as well as chats and participation in audio and video conferences. In this context, personal data may be processed and stored on the servers of the providers, insofar as these are part of communication processes with us or are otherwise processed by us as set out in the context of this privacy policy. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their contents. The cloud service providers also process usage data and metadata used by them for security purposes and service optimization.
Notes on legal basis
If we ask for consent to use the cloud services, the legal basis of the processing is consent. Furthermore, their use may be a component of our (pre)contractual services, provided that the use of the cloud services has been agreed within this framework. Otherwise, user data is processed based on our legitimate interests (i.e., interest in efficient and secure management and collaboration processes).
- Types of data processed: Inventory data (e.g., names, addresses), contact data (e.g., email, phone numbers), content data (e.g., text input, photographs, videos), usage data (e.g., web pages visited, interest in content, access times), meta/communication data (e.g., device information, IP addresses).
- Data subjects: Customers, employees (e.g., employees, applicants).
- Purposes of processing: office and organizational procedures.
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), contract performance and pre-contractual requests (Art. 6 para. 1 p. 1 lit. b. DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
Services used and service providers
- Google Drive / Workspaces: cloud storage and document management. Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://workspace.google.com/intl/de/; privacy policy: https://policies.google.com/privacy; Standard Contractual Clauses (SCC, guaranteeing the level of data protection when processing data in the USA): https://cloud.google.com/security/compliance/eu-scc.
Furthermore, we use cloud providers to provide our software and platform services within the framework of the HealthCase and the HealthCaters app, as well as to hold user data. The data to be processed also includes health data collected in the context of the use of HealthCaters services or passed on to HealthCaters by third parties (e.g. employers or insurance companies). The data is processed in data centers within the EU (e.g. Frankfurt, Germany), is protected by technical and organizational measures and is encrypted both during data transmission and storage (encryption in transit, encryption at rest).
- Types of data processed: Health data (e.g. gender, height, weight, blood pressure, blood sugar, pre-existing medical conditions, family predispositions), inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries), usage data (e.g. access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users of the software / platform services.
- Purposes of processing: Health screening in the HealthCaters HealthCase; Creation of a personalized health report; Online assistance in the course of the health screening; Provision of personal health tips for a healthier lifestyle.
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO).
Services used and service providers
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Promotional communication
We process personal data for the purposes of promotional communication, which may take place via various channels, such as e-mail, telephone, mail or fax, in accordance with legal requirements.
Recipients have the right to revoke consent given at any time or to object to promotional communication at any time. After revocation or objection, we may store the data required to prove consent for up to three years based on our legitimate interests before deleting it. The processing of this data will be limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
- Types of data processed: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers).
- Data subjects: Communication partners.
- Purposes of processing: Direct marketing (e.g. by e-mail or post).
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
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Anonymization for product development purposes
We process the data of our users in order to improve the contractual services (software and platform services, para. 3) and to be able to further develop them for customers. In particular, data is used to be able to ensure a reliable health risk assessment. The processing of this personal data consists exclusively in the removal of the personal reference, so that for any further processing for the aforementioned purposes, only data that can no longer be assigned to the original person is used. Anonymized information of this type can be further used without further notification to the person.
- Types of data processed: Inventory data (e.g. names, addresses), contact data (e.g. email, phone numbers), usage and health data (e.g. access times, weight, blood pressure, blood sugar, pre-existing conditions), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users of the software / platform services.
- Purposes of processing: Security monitoring / product market monitoring, product development.
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
The data processed by us will be deleted in accordance with the legal requirements as soon as their consents permitted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply or it is not required for the purpose).
If the data are not deleted because they are required for other and legally permissible purposes, their processing will be limited to these purposes. That is, the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person.
Further information on the deletion of personal data can also be found in the individual data protection notices of this data protection declaration.
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Updating of the data protection declaration
We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as the 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 other individual notification.
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Rights of the data subjects
As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:
- Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
- Right to withdraw consent: You have the right to revoke any consent given, in whole or in part, at any time (see right to restriction of processing).
- Right to information: You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with the legal requirements.
- Right to rectification: You have the right, in accordance with the law, to request that data concerning you be completed or that inaccurate data concerning you be rectified.
- Right to erasure and restriction of processing: In accordance with the legal requirements, you have the right to demand that data concerning you be erased without delay or, alternatively, to demand restriction of the processing of the data in accordance with the legal requirements.
- Right to data portability: You have the right to receive data concerning you, which you have provided to us, in a structured, common and machine-readable format in accordance with the legal requirements, or to request its transfer to another controller.
- Complaint to the supervisory authority: You also have the right, in accordance with the law, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, if you believe that the processing of personal data concerning you violates the GDPR.
This section provides you with an overview of the terms used in this privacy statement. Many of the terms are taken from the law and defined primarily in Article 4 of the GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to aid understanding. The terms are sorted alphabetically.
- Conversion tracking: "Conversion tracking" refers to a procedure with which the effectiveness of marketing measures can be determined. For this purpose, a cookie is usually stored on the users' devices within the websites on which the marketing measures take place and then retrieved again on the target website. For example, this enables us to track whether the ads we have placed on other websites have been successful.
- Personal data: "Personal data" is any information relating to an identified or identifiable natural person (hereinafter "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 (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.
- Profiling: "Profiling" is any type of automated processing of personal data that involves the use of such personal data to analyze, evaluate or to predict certain personal aspects relating to a natural person (depending on the type of profiling, this may include information concerning age, gender, location data and movement data, interaction with websites and their content, shopping behavior, social interactions with other people) (e.g., interests in certain content or products, click behavior on a website or location). Cookies and web beacons are often used for profiling purposes.
- Reach measurement: Reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offering and can include visitors' behavior or interests in certain information, such as website content. With the help of reach analysis, website owners can see, for example, at what time visitors visit their website and what content they are interested in. This enables them, for example, to better adapt the content of the website to the needs of their visitors. For reach analysis purposes, pseudonymous cookies and web beacons are often used to recognize returning visitors and thus obtain more precise analyses of the use of an online offer.
- Controller: "Controller" is 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.
- Processing: "Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term includes virtually any handling of data, whether collecting, evaluating, storing, transmitting or erasing.
Published: 5 November 2020
