Privacy Policy

Name and contact details of the data controller in accordance with Article 4(7) of the GDPR
: Dr Beate Helgers’
Private Orthopaedic
Practice, Wasserfurt 36
, 46286 Dorsten

Security and protection of your personal data
We regard it as our top priority to maintain the confidentiality of the personal data you provide and to protect it from unauthorised access. We therefore exercise the utmost care and apply state-of-the-art security standards to ensure the highest level of protection for your personal data. 

As a private-sector company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the Federal Data Protection Act (BDSG). We have implemented technical and organisational measures to ensure that data protection regulations are observed both by us and by our external service providers.

Definitions
The law requires that personal data be processed lawfully, fairly and in a manner that is transparent to the data subject (‘lawfulness, fairness and transparency’). To ensure this, we provide you with information on the individual legal definitions used in this privacy policy:

1. Personal data
‘Personal data’ means any information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’); a natural person is considered identifiable if they 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.

2. Processing
‘Processing’ means any operation or set of operations which is carried out on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

3. Restriction of processing
‘Restriction of processing’ means the marking of stored personal data with the aim of restricting its future processing.

4. Profiling
‘Profiling’ means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements of that natural person.

5. Pseudonymisation
‘Pseudonymisation’ means 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 ensuring that the personal data cannot be attributed to an identified or identifiable natural person.

6. File
system ‘File system’ means any structured collection of personal data accessible according to specific criteria, regardless of whether this collection is managed centrally, decentrally or organised according to functional or geographical criteria.

7. Controller
‘Controller’ means a 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; where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.

8. Data processor
‘Data processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

9. Recipient
‘Recipient’ means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, irrespective of whether they are a third party or not. However, public authorities which may receive personal data in the course of a specific investigation mandate under Union law or the law of the Member States shall not be regarded as recipients; the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules and in accordance with the purposes of the processing.

10.   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 authorised to process the personal data under the direct responsibility of the controller or the processor.

11. Consent
‘Consent’ of the data subject means any freely given, specific, in an informed and unambiguous manner, in the form of a statement or other clear affirmative action, by which the data subject indicates that they consent to the processing of their personal data.

Lawfulness of processing
The processing of personal data is lawful only if there is a legal basis for the processing. In accordance with Article 6(1)(a) to (f) of the GDPR, the legal basis for processing may include, in particular:

a. the data subject has given consent to the processing of personal data relating to them for one or more specific purposes;

b. the processing is necessary for the performance of a contract to which the data subject is a party, or for the implementation of pre-contractual measures taken at the data subject’s request;

c. processing is necessary for compliance with a legal obligation to which the controller is subject;

d. processing is necessary to protect the vital interests of the data subject or of another natural person;

e. 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 the controller;

f. the processing is necessary to safeguard the legitimate interests of the controller or of a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data take precedence, in particular where the data subject is a child

Information on the collection of personal data
(1) Below, we provide information on the collection of personal data when using our website. Personal data includes, for example, name, address, email addresses and user behaviour.

(2) If you contact us by email or via a contact form, we will store the data you provide (your email address, and, where applicable, your name and telephone number) in order to answer your enquiries. We will delete the data collected in this context once storage is no longer necessary, or processing will be restricted if statutory retention obligations apply.

Collection of personal data when visiting our website
When you use the website purely for information purposes – i.e. if you do not register or otherwise provide us with information – we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (the legal basis is Article 6(1)(f) of the GDPR): 

  • IP address
  • Date and time of the request
  • Time zone difference from Greenwich Mean Time (GMT)
  • Content of the request (specific page)
  • Access status/HTTP status code
  • Amount of data transferred in each instance
  • Website from which the request originates
  • Browser
  • Operating system and its user interface
  • Language and version of the browser software.

Use of cookies
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and associated with the browser you are using, and through which certain information is transmitted to the entity that sets the cookie. Cookies cannot run programmes or transmit viruses to your computer. They serve to make the website more user-friendly and effective overall.

(2) This website uses the following types of cookies, the scope and functioning of which are explained below:

  • Transient cookies (see a.)
  • Persistent cookies (see b.)

a. Transient cookies are automatically deleted when you close your browser. These include, in particular, session cookies. These store a so-called session ID, which allows various requests from your browser to be assigned to the same session. This enables your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close your browser.

b. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete these cookies at any time via your browser’s security settings.

c. You can configure your browser settings according to your preferences and,
for example, refuse to accept third-party cookies or all cookies. So-called ‘third-party cookies’ are cookies set by a third party, and therefore not by the actual website you are currently visiting. Please note that if you disable cookies, you may not be able to use all the features of this website.

Children
Our website is generally aimed at adults. Persons under the age of 18 should not provide us with any personal data without the consent of their parents or legal guardians.

Rights of the data subject

(1) Withdrawal of consent
Where the processing of personal data is based on consent, you have the right to withdraw your consent at any time. Withdrawing your consent does not affect the lawfulness of any processing carried out on the basis of your consent prior to its withdrawal.

You may contact us at any time to exercise your right to withdraw consent.

(2) Right to confirmation
You have the right to request confirmation from the data controller as to whether we are processing personal data relating to you. You may request this confirmation at any time using the contact details provided above.

(3) Right
of access Where personal data is being processed, you may at any time request access to that personal data and to the following information:

a. the purposes of the processing;

b. the categories of personal data being processed;

c. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular where recipients are in third countries or are international organisations;

d. where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period;

e. the existence of a right to rectification or erasure of personal data concerning you, or to restriction of processing by the controller, or a right to object to such processing;

f. the existence of a right to lodge a complaint with a supervisory authority;

g. where the personal data are not collected from the data subject, any available information as to the source of the data;

h. the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and – at least in such cases – meaningful information about the logic involved, as well as the significance and the intended consequences of such processing for the data subject.

Where personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer. We shall provide a copy of the personal data being processed. For any further copies you request, we may charge a reasonable fee based on the administrative costs involved. If you submit your request electronically, the information must be provided in a commonly used electronic format, unless you specify otherwise. The right to receive a copy in accordance with paragraph 3 must not adversely affect the rights and freedoms of others.

(4) Right to rectification
You have the right to request that we rectify any inaccurate personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request that incomplete personal data be completed – including by means of a supplementary statement.

(5) Right to erasure (‘right to be forgotten’)
You have the right to request that the controller erase personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay if any of the following grounds apply:

a. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

b. The data subject withdraws their consent on which the processing was based in accordance with Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.

c. The data subject objects to the processing in accordance with Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2) of the GDPR.

d. The personal data has been processed unlawfully.

e. The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.

f. The personal data were collected in relation to information society services offered in accordance with Article 8(1) of the GDPR.

Where the controller has made the personal data public and is obliged to erase it in accordance with paragraph 1, the controller shall, taking into account the state of the art and the cost of implementation, take reasonable measures, including technical measures, to inform controllers processing the personal data that a data subject has requested the erasure of all links to that personal data, or of copies or replicas of that personal data.

The right to erasure (‘right to be forgotten’) shall not apply insofar as the processing is necessary:   

  • for the exercise of the right to freedom of expression and information;
  • to comply with a legal obligation which requires processing under 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;
  • for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR, in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of such processing; or
  • for the establishment, exercise or defence of legal claims.

(6) Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if any of the following conditions apply:

a. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,

b. the processing is unlawful and the data subject opposes the erasure of the personal data and instead requests the restriction of its use;

c. the controller no longer needs the personal data for the purposes of the processing, but the data subject needs it to establish, exercise or defend legal claims; or

d. the data subject has objected to the processing in accordance with Article 21(1) of the GDPR, for as long as it has not yet been established whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted in accordance with the above conditions, such personal data – apart from its storage – shall be processed only with the data subject’s consent or for the purposes of asserting, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of an important public interest of the Union or a Member State.

To exercise the right to restriction of processing, the data subject may contact us at any time using the contact details provided above.

(7) 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 you have the right to transmit those data to another controller without hindrance from the controller to whom the personal data were provided, provided that:

a. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) of the GDPR, and

b. the processing is carried out by automated means.

When exercising the right to data portability in accordance with paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, insofar as this is technically feasible. The exercise of the right to data portability does not affect the right to erasure (‘right to be forgotten’). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) 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 Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to establish, exercise or defend legal claims.

Where personal data is processed for the purposes of direct marketing, you have the right to object at any time to the processing of your personal data for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for the purposes of direct marketing, the personal data will no longer be processed for those purposes.

In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications.

You have the right to object, on grounds relating to your particular situation, to the processing of your personal data carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.

You may exercise your right to object at any time by contacting the relevant data controller.

(9) Automated individual decision-making, 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:

a. is necessary for the conclusion or performance of a contract between the data subject and the controller,

b. is authorised by Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or

c. is based on the data subject’s explicit consent.

The controller shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to have a person from the controller intervene, to state their point of view and to challenge the decision.

The data subject may exercise this right at any time by contacting the relevant controller.

(10) Right to lodge a complaint with a supervisory authority
You also have, without prejudice to any other administrative or judicial remedy, the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you infringes this Regulation.

(11) Right to an effective judicial remedy
Without prejudice to any available administrative or out-of-court remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 of the GDPR, you have the right to an effective judicial remedy, if you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in a manner that is not in accordance with this Regulation.

Integration of Google Maps
(1) We use the Google Maps service on this website. This enables us to display interactive maps directly on the website and allows you to use the map function conveniently.

(2) When you visit the website, Google receives information that you have accessed the relevant page of our website. In addition, the data specified in § 3 of this policy is transmitted. This occurs regardless of whether Google provides a user account through which you are logged in, or whether no user account exists. If you are logged in to Google, your data will be directly associated with your account. If you do not wish your data to be associated with your Google profile, you must log out before clicking the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or tailoring its website to users’ needs. Such analysis is carried out in particular (even for users who are not logged in) to deliver personalised advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles; to exercise this right, you must contact Google.

(3) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the provider’s privacy policy. There you will also find further information on your rights in this regard and settings options to protect your privacy: www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has opted into the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.