HMC HEALTH MANAGEMENT COMPANY GMBH
Types of processed data:
– 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).
Categories of data subjects
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Responding to contact enquiries and communicating with users.
– Security measures.
– Range measurement/marketing
The term “Personal data” refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”); an identifiable natural person is someone 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.
The term “Processing” refers to any operation or set of operations performed upon personal data, whether or not by automatic means. The term is wide-ranging and encompasses practically every handling of data.
The term “Pseudonymisation” refers to 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 organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
The term “Profiling” refers to any automated processing of personal data based on using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
The term “Controller” refers to 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.
The term “processor” refers to a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Applicable legal bases
We shall take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk in accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing, as well as the varying likelihood and severity of the risk to 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 access to, entry into, disclosure of, assurance of availability of and separation of the data. Furthermore, we have established procedures to ensure the rights of data subjects are exercised, the deletion of data and the response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of 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).
Cooperation with order processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (order processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 (1)(b) GDPR), you have consented, 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 “order processing agreement”, this is done on the basis of Art. 28 GDPR.
Transmission 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 is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is for the purpose of fulfilling 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 only process the data in a third country or have it processed in a third country if the special requirements of Art. 44 et seq. GDPR exist. I.e. processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
Rights of the data subject
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 Art. 15 GDPR.
You have the right according to. Art. 16 GDPR to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.
In accordance with Art. 17 GDPR, you have the right to demand that the data concerned be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Art. 18 GDPR.
You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transferred to other data controllers.
You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 GDPR.
Right to revoke
You have the right to revoke consent granted in accordance with Art. 7 (3) GDPR with effect for the future.
Right to object
You may object to the future processing of data relating to you in accordance with Art. 21 GDPR at any time. The objection can be made in particular against processing for the purpose of direct advertising.
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. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller that operates the online offer (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional restrictions of this online offer.
Deletion of data
The data processed by us will be deleted or restricted in its processing in accordance with Art. 17 and 18 GDPR. Unless explicitly stated within the scope of this data protection declaration, 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. Unless the data is deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. 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.
In accordance with legal requirements in Germany, storage is in particular for 10 years in accordance with §§ 147 (1) AO, 257 (1) (1) and (4), (4) HGB (books, records, management reports, accounting receipts, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 (1) (2) and (3), (4) HGB (commercial letters).
According to legal requirements in Austria, storage is carried out in particular for 7 years pursuant to § 132 (1) BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of revenues and expenses, etc.), for 22 years in connection with property and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is claimed.
Provision of our statutory and business services
We process the data of our members, supporters, interested parties, customers or other persons in accordance with Art. 6 (1) (b) GDPR, insofar as we offer them contractual services or act within the framework of existing business relationships, e.g. towards members, or are ourselves recipients of services and benefits. Furthermore, we process the data of data subjects pursuant to Art. 6 (1) (f) GDPR on the basis of our legitimate interests, e.g. when it concerns administrative tasks or public relations.
The data processed in this context, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship. This includes inventory and master data of the persons (e.g. name, address, etc.), as well as contact data (e.g. e-mail address, telephone, etc.), contract data (e.g. services used, content and information provided, names of contact persons) and, if we offer services or products that require payment, payment data (e.g. bank details, payment history, etc.).
We delete data that is no longer required to fulfil our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the case of business processing, we retain the data for as long as it may be relevant for the processing of business and with regard to any warranty or liability obligations. The necessity of data retention is reviewed every three years; otherwise, the statutory retention obligations apply.
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 for the purpose of evaluating the use of our online offer by users, compiling reports on activity within this online offer and providing other services relating to users of this online offer and internet usage. Pseudonymous user profiles can be created from the processed data.
We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the treaty on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The users’ personal data is deleted or anonymised after 14 months.
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