Privacy Policy
As of: November 22, 2023
Table of Contents
- Controller
- Overview of Processing
- Relevant Legal Bases
- Security Measures
- International Data Transfers
- Rights of Data Subjects
- Use of Cookies
- Provision of Online Services and Web Hosting
- Web Analytics, Monitoring, and Optimization
Controller
CONSULTOR!O Healthcare Management GmbH
Dr. Francisco X. Moreano
Gemeinschaftsstraße 9b
85435 Erding
datenschutz@consultorio.management
Imprint:https://www.consultorio.management/impressum/
Overview of Processing
The following overview summarizes the types of data processed, the purposes of processing, and references the data subjects involved.
Types of Data Processed
- Usage data.
- Meta, communication, and procedural data.
Categories of Data Subjects
- Users.
Purposes of Processing
- Security measures.
- Reach measurement.
- Profiles with user-related information.
- Provision of our online services and user-friendliness.
- Information technology infrastructure.
Relevant Legal Bases
Relevant legal bases under the GDPR: Below you will find an overview of the legal bases of the GDPR on which we base our processing of personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence. If more specific legal bases are applicable in individual cases, we will inform you of these in the privacy policy.
- Consent (Art. 6(1)(a) GDPR) - The data subject has given their consent to the processing of their personal data for one or more specific purposes.
- Legitimate interests (Art. 6(1)(f) GDPR) - Processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. This includes, in particular, the Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG). The BDSG contains special regulations on the right of access, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes, and the transmission as well as automated decision-making in individual cases including profiling. Additionally, state data protection laws of the individual federal states may apply.
Note on the applicability of the GDPR and the Swiss DSG: This privacy policy serves both to provide information under the Swiss Federal Data Protection Act (Swiss DSG) and the General Data Protection Regulation (GDPR). Therefore, please note that for broader applicability and comprehensibility, the terms of the GDPR are used. Specifically, instead of the terms used in the Swiss DSG "processing" of "personal data," "overriding interest," and "special categories of personal data," the terms used in the GDPR "processing" of "personal data" as well as "legitimate interest" and "special categories of data" are used. However, the legal meaning of the terms will continue to be determined by the Swiss DSG.
Security Measures
We take appropriate technical and organizational measures in accordance with legal requirements, taking into account the state of the art, implementation costs, the nature, scope, context, and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk.
Measures include, in particular, securing the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data, as well as the related access, input, transmission, securing availability, and separation of the data. Furthermore, we have procedures in place to ensure the exercise of data subjects' rights, deletion of data, and response to data risks. Additionally, we consider the protection of personal data already in the development or selection of hardware, software, and procedures according to the principle of data protection through technology design and through data protection-friendly default settings.
TLS/SSL encryption (https): To protect the data of users transmitted via our online services, we use TLS/SSL encryption. Secure Sockets Layer (SSL) is the standard technology for securing internet connections by encrypting data transferred between a website or app and a browser (or between two servers). Transport Layer Security (TLS) is an updated and more secure version of SSL. Hyper Text Transfer Protocol Secure (HTTPS) is displayed in the URL when a website is secured by an SSL/TLS certificate.
International Data Transfers
Data processing in third countries: If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or the processing occurs in the context of using third-party services or the disclosure or transmission of data to other persons, entities, or companies, this is done only in accordance with legal requirements. If the level of data protection in the third country has been recognized by an adequacy decision (Art. 45 GDPR), this serves as the basis for data transfers. Otherwise, data transfers are made only if the level of data protection is otherwise ensured, in particular through standard contractual clauses (Art. 46(2)(c) GDPR), explicit consent, or in the case of contractual or legally required transmission (Art. 49(1) GDPR). Otherwise, we will inform you of the bases of the third-country transmission in the individual cases where applicable. Information on third-country transfers and existing adequacy decisions can be found in the EU Commission's information offering: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_en.
EU-US Trans-Atlantic Data Privacy Framework: As part of the so-called "Data Privacy Framework" (DPF), the EU Commission also recognized the data protection level for certain companies in the USA as secure within the framework of the adequacy decision of July 10, 2023. The list of certified companies and further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/ (in English). We inform you within the privacy policy which service providers we use that are certified under the Data Privacy Framework.
Rights of Data Subjects
Rights of data subjects under the GDPR: As a data subject, you have various rights under the GDPR, which arise in particular from Articles 15 to 21 GDPR:
- Right to object: You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, which is based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions. Where 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.
- Right to withdraw consent: You have the right to withdraw your consent at any time.
- Right of access: You have the right to obtain confirmation as to whether personal data concerning you is being processed and, where that is the case, access to the personal data and information as per legal requirements.
- Right to rectification: You have the right to obtain the rectification of inaccurate personal data concerning you or to have incomplete personal data completed, as per legal requirements.
- Right to erasure and restriction of processing: You have the right to obtain the erasure of personal data concerning you without undue delay, or alternatively, to obtain restriction of processing as per legal requirements.
- Right to data portability: You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and have the right to transmit those data to another controller without hindrance from us, as per legal requirements.
- Right to lodge a complaint with a supervisory authority: 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.
Use of Cookies
Cookies are small text files or other storage notes that store information on end devices and read information from the end devices. For example, to store the login status in a user account, a shopping cart content in an online store, the content accessed or functions used of an online service. Cookies can also be used for various purposes, e.g., for the functionality, security, and convenience of online services, as well as for creating analyses of visitor flows.
Notes on consent: We use cookies in accordance with legal requirements. Therefore, we obtain prior consent from users unless this is not required by law. Consent is particularly not necessary if the storage and reading of information, including cookies, is strictly necessary to provide a telemedia service explicitly requested by users (i.e., our online service). The necessary cookies generally include those with functions related to the display and operability of the online service, load balancing, security, storing user preferences, and similar purposes related to providing the main and secondary functions of the online service requested by users. The revocable consent is clearly communicated to users and includes information on the respective cookie usage.
Notes on legal bases for data protection: The legal basis on which we process users' personal data using cookies depends on whether we ask users for consent. If users consent, the legal basis for processing their data is the declared consent. Otherwise, the data processed using cookies is based on our legitimate interests (e.g., in the economic operation of our online service and improving its usability) or, if this is necessary for the fulfillment of our contractual obligations, when the use of cookies is required to fulfill our contractual obligations. We clarify the purposes for which cookies are processed in this privacy policy or within our consent and processing procedures.
Storage duration: The following types of cookies are distinguished regarding storage duration:
- Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online service and closed their end device (e.g., browser or mobile application).
- Permanent cookies: Permanent cookies remain stored even after the end device has been closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Similarly, the data collected using cookies can be used for reach measurement. Unless we provide users with explicit information on the type and storage duration of cookies (e.g., as part of obtaining consent), users should assume that cookies are permanent and that the storage duration can be up to two years.
General notes on revocation and objection (so-called "opt-out"): Users can revoke their given consents at any time and object to the processing according to legal requirements. Users can restrict the use of cookies in their browser settings (which may also restrict the functionality of our online service). An objection to the use of cookies for online marketing purposes can also be made via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.
- Legal bases: Legitimate interests (Art. 6(1)(f) GDPR). Consent (Art. 6(1)(a) GDPR).
Further notes on processing, procedures, and services:
- Processing of cookie data based on consent: We use a cookie consent management procedure in which the consents of users for the use of cookies or the processing mentioned in the context of the cookie consent management procedure and providers can be obtained and managed and revoked by the users. The consent declaration is stored to avoid the need to request it again and to be able to prove the consent in accordance with the legal obligation. The storage can take place server-side and/or in a cookie (so-called opt-in cookie or using comparable technologies) to be able to assign the consent to a user or their device. Subject to individual information about the providers of cookie management services, the following notes apply: The duration of storage of the consent can be up to two years. A pseudonymous user identifier is created and stored with the time of consent, information on the scope of the consent (e.g., which categories of cookies and/or service providers) as well as the browser, system, and end device used; Legal bases: Consent (Art. 6(1)(a) GDPR).
- BorlabsCookie: Cookie consent management; Service provider: Executed on servers and/or computers under our own data protection responsibility; Website: https://de.borlabs.io/borlabs-cookie/. Further information: An individual user ID, language, types of consents, and the time of their submission are stored server-side and in the cookie on the user's device.
Provision of Online Services and Web Hosting
We process the data of users to provide them with our online services. For this purpose, we process the IP address of the user, which is necessary to transmit the content and functions of our online services to the user's browser or device.
- Processed data types: Usage data (e.g., visited websites, interest in content, access times); meta, communication, and procedural data (e.g., IP addresses, timestamps, identification numbers, consent status).
- Data subjects: Users (e.g., website visitors, users of online services).
- Purposes of processing: Provision of our online services and user-friendliness; information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)). Security measures.
- Legal bases: Legitimate interests (Art. 6(1)(f) GDPR).
Further notes on processing, procedures, and services:
- Provision of online services on rented storage space: We use storage space, computing capacity, and software that we rent from a corresponding server provider (also called "web hoster") or otherwise obtain to provide our online services; Legal bases: Legitimate interests (Art. 6(1)(f) GDPR).
- Collection of access data and log files: Access to our online services is logged in the form of so-called "server log files." Server log files may include the address and name of the retrieved web pages and files, date and time of retrieval, transferred data volumes, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page) and generally IP addresses and the requesting provider. Server log files can be used for security purposes, e.g., to prevent server overloads (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the stability of the servers; Legal bases: Legitimate interests (Art. 6(1)(f) GDPR). Deletion of data: Logfile information is stored for a maximum of 30 days and then deleted or anonymized. Data required for evidence purposes are exempt from deletion until the respective incident is finally clarified.
- STRATO: Services in the field of providing information technology infrastructure and related services (e.g., storage space and/or computing capacity); Service provider: STRATO AG, Pascalstraße 10, 10587 Berlin, Germany; Legal bases: Legitimate interests (Art. 6(1)(f) GDPR); Website: https://www.strato.de; Privacy policy: https://www.strato.de/datenschutz. Data processing agreement: Provided by the service provider.
Web Analytics, Monitoring, and Optimization
Web analytics (also referred to as "reach measurement") is used to evaluate the visitor flows of our online service and can include behavior, interests, or demographic information about visitors, such as age or gender, in pseudonymous values. With the help of reach analysis, we can recognize, for example, at what time our online service or its functions or contents are most frequently used or invite for reuse. Likewise, we can identify which areas need optimization.
In addition to web analytics, we may also use test procedures, such as A/B testing, to test and optimize different versions of our online service or its components.
Unless otherwise specified below, profiles, i.e., data aggregated for a usage process, and information can be stored in a browser or device and read from it. The collected information includes, in particular, visited websites and used elements, as well as technical information, such as the used browser, the used computer system, and information about usage times. If users have agreed to the collection of their location data to us or the providers of the services we use, location data can also be processed.
IP addresses of users are also stored. However, we use an IP masking procedure (i.e., pseudonymization by shortening the IP address) to protect users. In general, the data collected within the scope of web analysis, A/B testing, and optimization is not stored in clear data of users (such as email addresses or names) but in pseudonyms. This means that neither we nor the providers of the used software know the actual identity of the users, only the information stored in their profiles for the purposes of the respective procedures.
- Processed data types: Usage data (e.g., visited websites, interest in content, access times); meta, communication, and procedural data (e.g., IP addresses, timestamps, identification numbers, consent status).
- Data subjects: Users (e.g., website visitors, users of online services).
- Purposes of processing: Reach measurement (e.g., access statistics, recognition of returning visitors); profiles with user-related information (creation of user profiles). Provision of our online services and user-friendliness.
- Security measures: IP masking (pseudonymization of the IP address).
- Legal bases: Legitimate interests (Art. 6(1)(f) GDPR).
Further notes on processing, procedures, and services:
- Google Analytics 4: We use Google Analytics to measure and analyze the use of our online service based on a pseudonymous user identification number. This identification number does not contain any unique data, such as names or email addresses. It serves to assign analytical information to a device to recognize which content users have accessed within one or several usage processes, which search terms they used, accessed again, or interacted with our online service. The usage time and duration are also stored, as well as the sources of the users referring to our online service and technical aspects of their devices and browsers. Pseudonymous profiles of users with information from the use of various devices are created, where cookies can be used. Google Analytics logs and stores no individual IP addresses for EU users. However, Analytics provides coarse geographic location data by deriving the following metadata from IP addresses: city (and the derived latitude and longitude of the city), continent, country, region, subcontinent (and ID-based counterparts). For EU data traffic, IP address data is exclusively used for deriving geolocation data before being immediately deleted. They are not logged, accessible, or used for further purposes. When Google Analytics collects measurement data, all IP lookups are performed on EU-based servers before the traffic is forwarded for processing to Analytics servers; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal bases: Legitimate interests (Art. 6(1)(f) GDPR); Website: https://marketingplatform.google.com/intl/en/about/analytics/; Privacy policy: https://policies.google.com/privacy; Data processing agreement: https://business.safety.google/adsprocessorterms/; Basis for third-country transfer: EU-US Data Privacy Framework (DPF), Standard contractual clauses (https://business.safety.google/adsprocessorterms); Opt-out option: Opt-out plugin: https://tools.google.com/dlpage/gaoptout?hl=en, settings for advertising displays: https://adssettings.google.com/authenticated. Further information: https://business.safety.google/adsservices/ (types of processing and processed data).