A. Privacy policy according to the GDPR
I. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is
Pediatric Cardiology Dr. med. Florian Schmidt
Dorotheenstrasse 56
10117 Berlin
T: 030 - 226 51 733
F: 030 - 540 87 98 699
M: info[at]kinderherz[.]berlin
II. Name and address of the data protection officer
Pediatric Cardiology Dr. med. Florian Schmidt
Dorotheenstrasse 56
10117 Berlin
T: 030 - 226 51 733
F: 030 - 540 87 98 699
M: info[at]kinderherz[.]berlin
III Responsible data protection authority
Berlin Commissioner for Data Protection and Freedom of Information
Friedrichstr. 219
10969 Berlin
T: +49 30 13889-0
F: +49 30 2155050
M: mailbox[at]datenschutz-berlin[.]de
IV. General information on data processing
1. scope of the processing of personal data
As a matter of principle, we only process personal data insofar as this is necessary for the provision of services, the provision of our content and the availability of a functional website. As a rule, personal data is only processed with the consent of the data subject. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
If we process special categories of data within the scope of our services in accordance with Art. 9 para. 1 GDPR, this is always subject to the data subject's consent in accordance with Art. 6. This applies to data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, health data or data concerning a natural person's sex life or sexual orientation.
2. legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
3. data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
4. processors and third parties
If personal data is transferred to third parties or processors, this is only done on the basis of applicable legal permissions, a legal obligation, the direct consent of the data subject or the legitimate interests of the controller.
Should personal data continue to be passed on on the basis of an order processing contract, this is done on the basis of Art. 28 GDPR.
5. transfer to third countries
For the transfer of data to a third country outside the EEA or EU, this is done on the basis of applicable legal permissions, a legal obligation, the direct consent of the data subject or the legitimate interests of the controller. In order to comply with a legally prescribed minimum requirement for data protection, suitable guarantees pursuant to Art. 44 et seq. GDPR are taken into account. This is, for example, the "privacy shield" for the USA.
V. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
2. right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the correction without delay.
3. right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. right to erasure
a) Obligation to delete
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) GDPR, it shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the assertion, exercise or defense of legal claims.
5. right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the controller.
6. right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, provided that
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. right of objection
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.
The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.
Your right to object may be restricted to the extent that it is likely to render impossible or seriously impair the realization of the research or statistical purposes and the restriction is necessary for the fulfillment of the research or statistical purposes.
8. right to revoke the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. automated decision-making in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
B. Supplementary information on the website as part of the privacy policy in accordance with the GDPR
VI Provision of the website and creation of log files
1. description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
(1) Information about the browser type and version used
(2) The user's operating system
(3) The user's internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user's system accesses our website
(7) Websites that are accessed by the user's system via our website
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.
3. purpose of data processing
Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
Data is stored in log files to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. The data is not analyzed for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.
4. duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or anonymized so that it is no longer possible to identify the accessing client.
5. possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.
VII Use of cookies
1. description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.
We also use cookies on our website that enable an analysis of the user's surfing behavior.
When accessing our website, the user is informed about the use of cookies for analysis purposes and their consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this privacy policy.
2. legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a GDPR if the user has given consent to this.
3. purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary for the browser to be recognized even after a page change.
The user data collected by technically necessary cookies is not used to create user profiles.
Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.
These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR.
4. duration of storage, possibility of objection and removal
Cookies are stored on the user's computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
VIII Contact form and e-mail contact
1. description and scope of data processing
There is a contact form on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. The following data is also stored when the message is sent:
(1) The IP address of the user
(2) Date and time of registration
(3) First name
(4) Surname
(5) E-mail
(6) Content of the request
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.
No data will be passed on to third parties in this context. The data is used exclusively for processing the conversation.
2. legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
3. purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. possibility of objection and removal
The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
The revocation is possible at any time under the e-mail address of the person responsible.
All personal data stored in the course of contacting us will be deleted in this case.
C. Use in the context of third-party programs or platforms
IX. Web analysis through Google Analytics
We use Google Analytics, a web analysis service of Google Inc. ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
We only use Google Analytics with activated IP anonymization. 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 will the full IP address be transmitted to a Google server in the USA and truncated there. The IP address transmitted by the user's browser will not be merged with other Google data.
Users can prevent the storage of cookies by setting their browser software accordingly and also prevent the collection of data generated by the cookie and related to their use of the online offer to Google 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 the use of data for advertising purposes by Google, setting and objection options can be found on Google's websites. https://www.google.com/intl/de/policies/privacy/partners/ ("Data use by Google when you use our partners' websites or apps"), http://www.google.com/policies/technologies/ads ("Use of data for advertising purposes"), http://www.google.de/settings/ads ("manage information that Google uses to show you advertising") and http://www.google.com/ads/preferences/ ("Determine which advertising Google shows you").
X. Google Maps
Our website uses functions of "Google Maps", which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA.
In general, whenever you use the "Google Maps" functions, user data and user settings are processed, which are created in the form of cookies. Unless otherwise specified in your browser settings, these are generally not deleted immediately when you leave the website, but are stored for a certain period of time unless you delete them manually.
The prevention of data transmission is possible by deactivating the Java script in your browser, which, however, has the consequence that the functions of "Google Maps" can only be used to a limited extent or are generally no longer usable.
Detailed descriptions of the data collected by "Google" and explanations of how "Google" and "Google Maps" handle data protection can be found at: http://www.google.de/intl/de/policies/terms/regional.html and https://www.google.com/intl/de_de/help/terms_maps.html
XI. Google Ads
The service enables us to draw attention to our offers with the help of advertising material on external websites. This allows us to determine how successful individual advertising measures are. These advertising materials are delivered by the provider via so-called "AdServers". We use so-called ad server cookies for this purpose, through which certain parameters for measuring success, such as the display of ads or clicks by users, can be measured. If you access our website via a corresponding ad, the service will store a cookie on your PC. They are not intended to identify you personally. The following information is usually stored as analysis values for this cookie: unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions), opt-out information (marking that the user no longer wishes to be addressed). These cookies enable the provider to recognize your web browser. If a user visits certain pages of the website and the cookie stored on their computer has not yet expired, the provider and the website operator can recognize that the user clicked on the ad and was redirected to this page. A different cookie is assigned to each website operator. Cookies can therefore not be tracked via the websites of other site operators. We ourselves do not collect and process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from the provider. Based on these evaluations, we can recognize which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising material; in particular, we cannot identify the users on the basis of this information. Due to the marketing tools used, your browser automatically establishes a direct connection with the provider's server. We have no influence on the scope and further use of the data collected by the provider through the use of the service. To the best of our knowledge, the provider receives the information that you have accessed the relevant part of our website or clicked on one of our advertisements. If you have a user account with the provider and are registered, the provider can assign the visit to your user account. Even if you are not registered with the provider or have not logged in, it is possible that the provider will find out your IP address and save it.
We use the service for marketing and optimization purposes, especially to place relevant and interesting ads for you and thus improve our offer, make it more interesting for you as a user and avoid annoying ads.
The legal basis is Art. 6 para. 1 sentence 1 lit. a) GDPR (consent).
Provider:
Google Ireland Limited
Google Building Gordon House
Barrow St
4 Dublin
Ireland
Tel. +353 1 543 1000
Fax +353 1 686 5660
XII. Google Reviews
We use the "Google Reviews" widget from Rich Plugins Ltd on our website. The widget enables Google reviews of our company to be displayed on our website. You can recognize the plugin by the Google logo. You can find more information on the handling of user data in Google's privacy policy: www.google.de/intl/de/policies/privacy/.
XIII Google AJAX Search API
The service stores and processes information about your user behavior on our website. For this purpose, the service uses, among other things, cookies, i.e. small text files that are stored locally in the cache of your web browser on your end device and that enable an analysis of your use of our website.
We use the service to analyze the use of our website and to continuously improve individual functions and offers as well as the user experience. By statistically evaluating user behavior, we can improve our offer and make it more interesting for you as a user. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.
The legal basis is Art. 6 para. 1 sentence 1 lit. a) GDPR (consent).
Provider:
Google Ireland Limited
Google Building Gordon House
Barrow St
4 Dublin
Ireland
Tel. +353 1 543 1000
Fax +353 1 686 5660
XIV Bunny
On our website we use "Bunny", a so-called Content Delivery Network ("CDN") of BUNNYWAY d.o.o., Cesta komandanta Staneta 4A, 1215 Medvode, Slovenia ("Bunny"). A content delivery network is an online service that is used in particular to deliver large media files (such as graphics, page content, fonts or scripts) through a network of regionally distributed servers connected via the Internet. The use of Bunny's content delivery network helps us to optimize the loading speed of our website. Bunny does not interact with visitors to our website and does not process any personal visitor data. Should processing nevertheless occur in individual cases, this is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in the secure and efficient provision and improvement of the stability and functionality of our website. Further information can be found in Bunny's privacy policy at https://bunny.net/privacy
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