Privacy Policy of the Dr. Gert M. Frank Foundation

1. Introduction

The following information is intended to provide you, as a “data subject,” with an overview of how we process your personal data and your rights under data protection laws. In general, you can use our website without providing any personal data. However, if you wish to use specific services offered by our company via our website, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.
The processing of personal data—such as your name, address, or email address—is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to the “Dr. Gert M. Frank Foundation.” Through this Privacy Policy, we would like to inform you about the scope and purpose of the personal data we collect, use, and process.

As the data controller, we have implemented numerous technical and organizational measures to ensure the most comprehensive protection possible for the personal data processed via this website. Nevertheless, internet-based data transmissions may, in principle, be subject to security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, you are free to provide us with personal data through alternative channels, such as by phone or mail.

You, too, can take simple and easy-to-implement measures to protect yourself against unauthorized access to your data by third parties. Therefore, we would like to provide you with some tips on how to handle your data securely:

  • Protect your account (login, user account, or customer account) and your IT system (computer, laptop, tablet, or mobile device) with strong passwords.
  • Only you should have access to your passwords.
  • Make sure you always use your passwords for only one account (login, user account, or customer account).
  • Do not use the same password for different websites, applications, or online services.
  • This is especially important when using IT systems that are publicly accessible or shared with others: You should always log out after each session on a website, application, or online service.

Passwords should be at least 12 characters long and chosen so that they cannot be easily guessed. Therefore, they should not contain common everyday words, your own name, or the names of relatives, but should include uppercase and lowercase letters, numbers, and special characters.

2. Data Controller

The data controller within the meaning of the GDPR is:

Dr. Gert M. Frank Foundation
Taunustor 3
60310 Frankfurt am Main

Email: kontakt@gmfstiftung.de

Representative of the Data Controller: Dr. Gert M. Frank

3. Data Protection Officer

You can contact the Data Protection Officer as follows:

Bernd Kircher

Phone: 066196090636

Email: kircher@datenschutz-kanzlei.com

You may contact our Data Protection Officer directly at any time with any questions or suggestions regarding data protection.

4. Definitions

This Privacy Policy is based on the terminology used by European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this Privacy Policy, we use the following terms, among others:

4.1 Personal data

Personal data is any information relating to an identified or identifiable natural person. 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

4.2 Person concerned

Data subject is any identified or identifiable natural person whose personal data are processed by the controller (our clinic).

4.3 Processing

Processing means any operation or set of functions that is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4.4 Restriction of processing

Restriction of processing is the marking of stored personal data to limit their future processing.

4.5 Profiling

Profiling is any automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyze or predict aspects concerning that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

4.6 Pseudonymization

Pseudonymization is 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

4.7 Processor

A processor means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

4.8 Receiver

A recipient is a natural or legal person, public authority, agency, or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered recipients.

4.9 Third party

Third-party means a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

4.10 Consent

Consent is any expression of will in the form of a declaration, or other unambiguous, affirmative action made voluntarily by the data subject for the specific case in an informed manner and in a precise manner, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

5. Legal basis of processing

Art. 6 para. 1 lit. a DS-GVO (in conjunction with § 15 para. 3 TDDDG) serves our clinic as the legal basis for processing operations in which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the provision of another service or consideration, the processing is based on Art. 6 (1) lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example, in cases of inquiries about our services

If our clinic is subject to a legal obligation by which processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (1) lit. c DS-GVO

In rare cases, the processing of personal data might become necessary to protect the vital interests of the data subject or another natural person. For example, this would be the case if a visitor were injured on our premises. As a result, his or her name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Art. 6 para. 1 lit. d DS-GVO

Finally, processing operations could be based on Art. 6(1)(f) DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our clinic or a third party, provided that the interests, fundamental rights, and freedoms of the data subject are not overridden. Such processing operations are permitted to us because the European legislator specifically mentioned them. In this respect, he took the view that a legitimate interest could be assumed if you are a patient of our clinic (recital 47 sentence 2 DS-GVO)

6. Transfer of data to third parties

A transfer of your personal data to third parties for purposes other than those listed below does not take place.

We will only disclose your personal data to third parties if:

  1. you have given your express consent in accordance with Art. 6 para. 1 p. 1 lit. a DS-GVO,
  2. the disclosure is permissible under Art. 6 para. 1 p. 1 lit. f DS-GVO to protect our legitimate interests, and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data
  3.  a legal obligation exists for the disclosure according to Art. 6 (1) p. 1 lit. c DS-GVO, as well as
  4. this is legally permissible and required under Art. 6 para. 1 p. 1 lit. b DS-GVO for the processing of contractual relationships with you.

To protect your data and to allow us to transfer data to third countries (outside the EU/EEA) if necessary, we have concluded commissioned processing agreements based on the standard contractual clauses of the European Commission

7. Technology

7.1 SSL/TLS encryption

This site uses SSL or TLS encryption to guarantee the security of data processing and to protect the transmission of confidential content, such as orders, login data, or contact requests that you send to us as the operator. You can recognize an encrypted connection by the fact that there is a “https://” instead of a “http://” in the address line of the browser and by the lock symbol in your browser line

We use this technology to protect your transmitted data.

7.2 Data collection when visiting the website

During the merely informational use of our website, i.e., if you do not register or otherwise transmit information to us, we only collect such data that your browser sends to our server (in so-called “server log files”). Our website collects a series of general data and information with each call of a page by you or an automated system. This general data and information are stored in the server log files. The following can be recorded

  1. browser types and versions used,
  2. the operating system used by the accessing system,
  3. the Internet site from which an accessing system arrives at our Internet site (the so-called referrer),
  4. the sub-websites that are accessed via an accessing system on our website,
  5. the date and time of access to the Internet site,
  6. an Internet protocol address (IP address),
  7. the Internet service provider of the accessing system,

We do not draw conclusions about your person using this general data and information. This information is instead needed to

  1. deliver the contents of our website correctly,
  2. optimize the content of our website and the advertising for it,
  3. to ensure the permanent functionality of our IT systems and the technology of our website, as well as
  4. to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.

Therefore, the data and information collected will be evaluated by us on the one hand statistically and on the other hand to increase the data protection and data security of our clinic and ultimately to ensure an optimal level of protection for the personal data we process. The data of the server log files are stored separately from any personal data provided by a data subject.

The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f DS-GVO. Our legitimate interest follows from the purposes for data collection listed above.

8. Cookies

8.1 General information about cookies

Cookies are small files that are automatically created by your browser and stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our website.

Information is stored in the cookie that results from the connection with the specific end device used. However, this does not mean that we obtain direct knowledge of your identity.

The use of cookies serves to make the use of our website more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a specified period of time. If you visit our site again to use our services, it is automatically recognized that you have already visited us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate our offer for you for the purpose of optimization. These cookies enable us to automatically recognize that you have already visited our website when you visit it again. The cookies set in this way are automatically deleted after a defined period of time. The respective storage duration of the cookies can be found in the settings of the consent tool used.

8.2 Legal basis for the use of cookies

The data processed by the cookies, which are required for the proper functioning of the website, are therefore necessary to safeguard our legitimate interests and those of third parties in accordance with Art. 6 para. 1 lit. f) GDPR.

For all other cookies, you have given your consent to this via our opt-in cookie banner in accordance with Art. 6 para. 1 lit. a) GDPR.

8.3 Consentmanager (Consent Management Tool)

We use the consent management platform “Consentmanager” from consentmanager AB, Haltegelvägen 1b, 72348 Västeras, Sweden. This service enables us to obtain and manage the consent of website users for data processing.

Consentmanager collects data generated by end users who use our website. When an end user gives consent, Consentmanager automatically logs the following data

  • Browser information.
  • Date and time of access.
  • Device information.
  • The URL of the page visited.
  • Banner language.
  • Consent ID.
  • The consent status of the end user, which serves as proof of consent.

The consent status is also stored in the end user’s browser so that the website can automatically read and follow the end user’s consent in all subsequent page requests and future end user sessions for up to 12 months. The consent data (consent and withdrawal of consent) is stored for three years. The retention period corresponds to the regular limitation period in accordance with Section 195 of the German Civil Code (BGB). The data will then be deleted immediately.

The functionality of the website is not guaranteed without the described processing. The user has no right to object as long as there is a legal obligation to obtain the user’s consent to certain data processing operations (Art. 7 para. 1, 6 para. 1 sentence 1 lit. c) GDPR).

Consentmanager is the recipient of your personal data and acts as a processor for us. Data processing takes place exclusively in the European Union.

Detailed information on the use of Consentmanager can be found at: https://www.consentmanager.de/datenschutz/.

9. Your right as a data subject

9.1 Right to confirmation

You have the right to obtain confirmation from us as to whether or not personal data concerning you is being processed.

9.2 Right to information Art. 15 GDPR

You have the right to receive free information from us at any time about the personal data stored about you and a copy of this data in accordance with the statutory provisions.

9.3 Right to rectification Art. 16 GDPR

You have the right to request the rectification of inaccurate personal data concerning you. You also have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

9.4 Erasure Art. 17 GDPR

You have the right to obtain from us the erasure of personal data concerning you without undue delay where one of the grounds provided for by law applies and insofar as the processing or storage is not necessary.

9.5 Restriction of processing Art. 18 GDPR

You have the right to demand that we restrict processing if one of the legal requirements is met.

9.6 Data portability Art. 20 GDPR

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. You also have the right to transmit this data to another controller without hindrance from us to whom the personal data has been provided, provided that 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 the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, when exercising your right to data portability pursuant to Art. 20 para. 1 GDPR, you have the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

9.7 Objection Art. 21 GDPR

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 Article 6(1)(e) (data processing in the public interest) or (f) (data processing based on a balancing of interests) of the GDPR.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing serves the establishment, exercise or defense of legal claims.

In individual cases, we process personal data for direct marketing purposes. You can object to the processing of your personal data for the purpose of such advertising at any time. This also applies to profiling insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, we will no longer process the personal data for these purposes.

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you are free to exercise your right to object by automated means using technical specifications.

9.8 Revocation of consent under data protection law

You have the right to withdraw your consent to the processing of personal data at any time with effect for the future.

9.9 Complaint to a supervisory authority

You have the right to lodge a complaint about our processing of personal data with a supervisory authority responsible for data protection.

10. ROUTINE STORAGE, DELETION AND BLOCKING OF PERSONAL DATA

We process and store your personal data only for the period of time necessary to achieve the purpose of storage or if this is provided for by the legal provisions to which our company is subject.

If the storage purpose no longer applies or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

11. UPDATING AND AMENDMENT OF THE PRIVACY POLICY

This privacy policy is currently valid and is dated April 2024.

It may become necessary to amend this privacy policy as a result of the further development of our website and offers or due to changes in legal or official requirements. You can access and print out the current privacy policy at any time on the website at “https://www.limes-schlossklinik-abtsee.de/datenschutzerklaerung/”.

This privacy policy was created with the support of the data protection software: Kircher Datenschutz-Board.