a protecção de dados pessoais
Name and contact of the responsible body in accordance with Article 4 (7) GDPR
Dr. Christian W. Ehrensberger
LinguaDent We Speak Dental
D-60594 Frankfurt am Main
Safety and protection of your personal data
We regard it as our primary task to protect the confidentiality of the personal data you provide and safeguard it from unauthorised access. We therefore use the utmost care to protect your personal data.
As a private-law company we are subject to the provisions of the European Data Protection Regulation (GDPR) and the regulations of the Federal Data Protection Act (BDSG).
The legislature requires that personal data must be processed lawfully, in good faith and with transparency for the data subject (“lawfulness, processing in good faith, transparency”). To ensure this, we inform you about the individual legal definitions that are also used in this privacy statement:
- Personal data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is regarded as identifiable, if he/she can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
“Processing” means any procedure carried out with or without the aid of automated procedures, performed procedure, or any such series of operations relating to personal data such as collection, recording, organisation, ordering, storage, adaptation or modification, reading out, retrieval, use, disclosure by transmission, distribution or any other form of provision, matching or linking, restriction, erasure or destruction.
- Restriction of processing
“Restriction of processing” means the flagging of personal data stored with the aim of restricting its future processing.
“Profiling” means any kind of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location of that natural person.
“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without including additional information, provided this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal information cannot be assigned to an identified or identifiable natural person.
- File system
“File system” means any structured collection of personal data accessible according to specific criteria, regardless of whether that collection is centralised, decentralised or organised according to functional or geographical considerations.
- Responsible person
“Responsible person” means a natural or legal person, public authority, agency or other body, which alone or jointly with others decides on the purpose and means of processing personal data; if the purposes and means of such processing are determined by Union law or the law of the Member States, the responsible person or the specific criteria for his/her appointment may be provided for under Union law or the laws of the Member States.
“Processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the responsible person.
“Receiver” means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, regardless of whether or not it is a third party. However, authorities which may receive data under Union or Membership State law in connection with a specific investigation are not considered to be receivers; processing of such data by the said authorities shall be in accordance with the applicable data protection regulations in accordance with the purposes of processing.
- Third party
“Third” party is a natural or legal person, public authority, agency or other body except the data subject, responsible person, processor and persons authorised under the direct responsibility of the responsible person or processor to handle the personal data.
Legality of processing
Processing personal data is only lawful if there is a legal basis for processing. The legal basis for processing may be in accordance with Article 6 (1) (a - f) GDPR in particular:
“Consent” of the data subject is any declaration of intention that is provided voluntarily for the specific case in an informed and unambiguous manner in the form of a statement or other unambiguous confirmatory act that indicates the data subject is in agreement with the processing of his/her personal data.
Information about the collection of personal data
(1) In the following we will provide information about the collection of personal data when using our website. Personal data is, e.g. name, address, email address, user behaviour.
(2) When contacting us by email or using a contact form, the data you provide (your email address, your name and telephone number, if applicable) will be stored by us to answer your enquiries. We erase the data connected with the issue once storage is no longer required, or the processing is restricted if legal storage obligations exist.
Collection of personal data when visiting our website
In the case of informative use of the website we only collect personal data that your browser transmits to our server. If you want to view our website, we collect the following data which is technically necessary for us to display our website and to ensure the stability and security (legal basis is Article 6 (1) (1) (f) GDPR):
- The data subject has given his/her consent to the processing of personal data concerning him/her for one or more specific purposes;
- processing is necessary for the performance of a contract, the contract party of which is the data subject, or for the performance of pre-contractual measures which are carried out at the request of the data subject;
- processing is necessary to fulfil a legal obligation to which the person responsible is subject;
- processing is necessary to protect the vital interests of the data subject or any other natural person;
- processing is necessary for the performance of a task which is in the public interest or in the interest of public authority delegated to the responsible person;
- processing is necessary to safeguard the legitimate interests of the responsible person or a third party, provided the interests or fundamental rights and freedoms of the data subject requiring personal data prevail, in particular where the data subject is a child.
(1) In addition to the aforementioned data, cookies are stored on your computer when using our website. Cookies are small text files that are stored on your hard drive, assigned to the browser you are using, and that provide certain information to the body that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve the purpose to make the internet offer more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and operation of which are explained below:
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the requirement (concrete page)
- Access status/HTTP status code
- Transmitted data volume
- Website from which the request originates
- Operating system and its interface
- Language and version of the browser software.
- Transient cookies (see a.)
- Persistent cookies (see b.).
You can configure your browser setting according to your wishes and, e.g. decline the acceptance of third-party cookies or all cookies. So-called “third-party cookies” are cookies that have been set by a third party and therefore not by the actual website on which you are currently located. Please note that disabling cookies may restrict you from using all features of this website.
Our offer is strictly for adults. Persons under the age of 18 should not submit any personal data to us without the consent of their parents or guardians.
Rights of the person concerned
(1) Revocation of consent
If the processing of personal data is based on a given consent, you have the right to revoke the consent at any time. Revocation of consent does not affect the legality of the processing carried out on the basis of the consent until revocation.
To exercise your revocation right, please contact us anytime.
(2) Right to confirmation
You have the right to ask the person in charge to confirm that we are processing personal data concerning you. You can request confirmation at any time using the contact details above.
(3) Right to information
If personal data is processed, you can request information about this personal data and the following information at any time:
- Transient cookies are automatically erased when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. Session cookies are erased when you log out or close the browser.
- Persistent cookies are automatically erased after a specified period, which may differ depending on the cookie. You can erase the cookies in the security settings of your browser at any time.
If personal data are transmitted to a third country or an international organisation, you have the right to be informed of the appropriate security measures under Article 46 of the GDPR in connection with the transfer. We can provide you with a copy of the personal data that is subject to processing. For any additional copies you request of your person, we may charge a reasonable fee based on the administrative costs. If the application is submitted electronically, the information must be provided in a standard electronic format, unless otherwise stated. The right to receive a copy in accordance with Paragraph 3 shall not affect the rights and freedoms of others.
(4) Right to rectification
You have the right to demand immediate correction of incorrect personal data concerning you. Taking into account the purposes of processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary statement.
(5) Right to erasure (“right to be forgotten”)
You have the right to request from the persons responsible that your personal data is erased immediately and we are obliged to erase personal data immediately if one of the following reasons applies:
- purpose of processing;
- categories of personal data being processed;
- the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or international organisations;
- if possible, the planned duration for which the personal data are stored or, if this is not possible, the criteria for determining that duration;
- the right to rectify or erase personal data concerning you or to a restriction of processing by the responsible person or a right to object to such processing;
- the right to appeal to a supervisory authority;
- if the personal data are not collected from the data subject, all available information regarding the source of the data;
- the existence of an automated decision-making, including profiling in accordance with Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing for the data subject.
If the responsible person has made the personal data publicly available and is required to erase them in accordance with Paragraph 1, the responsible person shall initiate the appropriate measures taking into account the available technologies and implementation costs. This also includes technical measures to inform data personnel responsible for processing personal data that a data subject has requested that they erase all links to such personal data or copies or replications of such personal data.
Right to erasure (“right to be forgotten”) does not exist if processing is required:
- Personal data are no longer required for the purposes for which they were collected or otherwise processed.
- The data subject withdraws their consent on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) GDPR and lacks any other legal basis for processing.
- In accordance with Article 21 (1) GDPR, the data subject objects to processing and there are no legitimate grounds for processing, or the data subject objects to processing in accordance with Article 21 (2) GDPR.
- The personal data were processed unlawfully.
- Erasure of personal data is necessary to fulfil legal obligation under Union or Member State law to which the responsible person is subject.
- Personal data were collected in relation to information services offered in accordance with Article 8 (1) GDPR.
(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:
- to exercise the right freedom of expression and information;
- to fulfil a legal obligation, which requires processing in accordance with Union or Member State law to which the responsible person is subject, or performance of a task in the public interest or in the exercise of public authority delegated to the responsible person;
- for reasons of public interests in the field of public health in accordance with Article 9 (2) (h) and (i) and Article 9 (3) GDPR;
- for archival purposes in the public interest, for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) GDPR, where the law referred to in Paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
- to assert, exercise or defend legal claims.
If the processing has been restricted in accordance with the above-mentioned conditions, these personal data will only be processed – apart from their storage – with the consent of the data subject or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
To exercise the right to restriction of processing, the data subject may contact us using the contact details provided above.
(7) Right to data portability
You have the right to receive the personal data you provide to us in a structured, current and machine-readable format, and you have the right to transfer that information to another responsible person without hindrance by the responsible person to whom the personal data were provided, if:
- the accuracy of the personal data is disputed by the data subject for a period allowing the responsible person to verify the accuracy of the personal data;
- the processing is unlawful and the data subject refuses erasure of the personal data and instead requests the restriction of the use of personal data;
- the responsible person no longer requires the personal data for the purposes of processing, but the data subject requires them to assert, exercise or defend legal claims; or
- the data subject has lodged an objection to processing in accordance with Article 21 (1) GDPR, as long as it is not certain whether the legitimate reasons of the responsible person prevail over the data subject.
- processing is based on consent in accordance with Article 9 (2) (a) or a contract in accordance with Article 6 (1) (b) GDPR; and
When exercising the right to data portability in accordance with Paragraph 1, you have the right to obtain that the personal data are transmitted directly from one responsible person to another, as far as technically feasible. Exercising the right to data portability is without prejudice to the right of erasure (the right to be forgotten). This right does not apply to processing necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the responsible person.
(8) Right to object
You have the right, for reasons of your own particular situation, to object at any time to the processing of personal data relating to you in accordance with Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. The responsible person no longer processes the personal data unless he/she can demonstrate compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject, or the processing is for the purpose of enforcing, pursuing or defending legal claims.
If personal data are processed in order to operate direct mail, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
Regarding the use of information society services, regardless of Directive 2002/58 / EC, you can exercise your right to object through automated procedures that use technical specifications.
You have the right, for reasons of your own particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes under Article 89 (1), unless processing is necessary to fulfil a public interest task.
The right of objection can be exercised at any time by contacting the respective person responsible.
(9) Automated decisions on a case-by-case basis, including profiling
You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or significantly affects you in a similar manner. This does not apply if the decision:
- processing is performed using automated procedures.
- is necessary for the conclusion or performance of a contract between the data subject and the responsible person,
- is permitted by the Union or Member State legislation to which the responsible person is subject, and where such legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
The responsible person shall take reasonable steps to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the responsible person, to express his/her own position and to challenge the decision.
This right can be exercised by the data subject at any time by contacting the respective responsible person.
(10) Right to complain to a supervisory authority
Furthermore, without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or place of alleged infringement, if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
(11) Right to effective judicial remedy
Without prejudice to an available administrative or extrajudicial remedy, including the right to complain to a supervisory authority in accordance with Article 77 GDPR the right to an effective judicial remedy if the data subject considers the rights under this Regulation have been infringed as a result of processing of personal data relating to him/her that does not comply with this regulation.
- with the express consent of the data subject.
Copyright Dr. Christian Ehrensberger © 2013