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Terms of Use

 

I. Name and address of the responsible person

The responsible person in the sense of General Data Protection Regulation (DSGVO) and other national data protection laws of the member states as well as other data protection regulations is

ADCADA.healthcare GmbH i.G.
Heydeweg 5
18182 Bentwisch
Germany

Magistrates' Court Rostock, HRB 14894
Sales tax identification number according to § 27a sales tax law (UstG): represented by managing director / CEO: Benjamin Kühn

Contact:
T: +49-381-202 775-00
F: +49-381-202 775-19
E: info@adcada.healthcare
https://adcada.healthcare

Responsible for the content of the websites according to § 55 Abs. 1 RStV: Benjamin Kühn
Heydeweg 5
18182 Bentwisch / Germany

II. The responsible data protection officer of the responsible operator for the processing is

Data protection officer
Heydeweg 5
18182 Bentwisch / Germany
Email: datenschutzbeauftragter@adcada.de

Every person concerned can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.

 

III. General information on data processing

1. Scope of the processing of personal data
In principle, we collect and use personal data of our users only to the extent necessary to provide a functional website and our contents and services. The collection and use of personal data of our users regularly only takes place with the consent of the user. An exception is made in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

This website uses SSL encryption for security reasons and to protect the transmission of confidential content such as orders or inquiries that you send to us. You can recognize an encrypted connection by the fact that the browser's address line changes from "http://" to "https://" and that the lock symbol is displayed in your browser line. If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 Abs. 1 lit. an EU Basic Data Protection Regulation (DSGVO) serves as the legal basis.

In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 Abs. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations which are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 Abs. 1 lit. c DSGVO serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 Abs. 1 lit. f DSGVO serves as the legal basis for the processing.

3. Data erasure and disk retention services
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. Data is also blocked or deleted when a storage period prescribed by the above-mentioned standards expires, unless there is a need for further storage of the data in order to conclude or fulfil a contract.

 

IV. Provision of the website and creation of log files

1. Description and scope of data processing
Whenever you access our website, we automatically collect and store data and information from the computer system of the calling computer in log files, which your browser automatically transmits to our system.

The following data were collected:

  • Information about the browser type and version used
  • The user's operating system
  • The Internet service provider of the user
  • The IP address of the user
  • Date and time of access
  • Websites from which the user's system accesses our website
  • Websites that are called up by the user's system via our website

These data are stored in our systems' log files. These data are not stored together with the user's other personal data.

2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 (1) lit. an of the EU General Data Protection Regulation (DSGVO).

3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session. An evaluation of the data for marketing purposes does not take place in this context.

The aforementioned purposes also form our legitimate interest in processing data pursuant to Art. 6 Abs. 1 lit. f DSGVO.

4. Duration of storage
The collected data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

5. Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

 
V. Cookies

1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system.

Most of the cookies we use are so-called "session cookies". They are automatically deleted at the end of your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser the next time you visit us.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

  • Language settings
  • Log-In-information

We also use cookies on our website which enable an analysis of the user's surfing behaviour.

In this way, the following data can be transmitted:

  • Entered search terms
  • Frequency of page views
  • Use of website functions
  • The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the calling user.
  • The data are not stored together with other personal data of the user.
  • When accessing our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this privacy policy. In this context, there is also an indication of how the storage of cookies in the browser settings can be prevented.
  • When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, a reference is also made to this data protection declaration.

2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 (1) lit. f DSGVO. In the absence of consent, the legal basis for the processing of personal data using technical cookies results from Art. 6 Abs. 1 lit. f DSGVO.

3. Purpose of the data processing
The purpose of using technically necessary cookies is to facilitate the use of websites for users. Some features of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

We require cookies for the following applications:

  • Shopping cart
  • Check-out procedure
  • adaptation of language and country settings
  • Remembering keywords
  • Session Handling

The user data collected through technically necessary cookies will not be used to create user profiles.

The use of the analysis cookies is for the purpose of improving the quality of our website and its contents. Through the analysis cookies, we learn how the website is used and so we can constantly optimize our offer.

For these purposes, our legitimate interest in the processing of personal data pursuant to Art. 6 Abs. 1 lit. f DSGVO.

4. Duration of storage, objection and disposal options
Cookies are stored on the computer of the user and transmitted by this on our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all the functions of the website to their full extent.

 

VI. Data storage non-binding registration for the purpose of concluding a contract - subscription product information

1. Description and scope of data processing
On our website, we offer users the possibility to have a personal offer sent to them. The data is entered an input mask, transmitted to us and stored. The desired product information about investment opportunities is then made available to the user at periodic intervals. For the processing of the data, your consent will be obtained during the registration process and reference will be made to this data protection declaration.

The following data were collected.

  • Country
  • First name
  • Surname
  • Company
  • Email Address
  • Phone

In addition, the following data were collected upon registration:

  • IP address of the calling computer
  • Date and time of registration

2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 Abs. 1 lit. a DSGVO if the user has given his consent. The legal basis for the dispatch of our product information as a result of the sale of services is Art. 7 Abs. 3 UWG. If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of data is Art. 6 Abs. 1 lit. b DSGVO.

3. Purpose of the data processing
The collection of the user's personal data serves the purpose of delivering our product information. The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used. A registration of the user is necessary for the fulfilment of a contract with the user or for the implementation of pre-contractual measures. In the event of an effective conclusion of a contract, the storage of the data is necessary for us to be able to properly fulfil the concluded contract.

4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The e-mail address of the user is therefore stored if the subscription to the newsletter is active. Even after conclusion of the contract, it may still be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations. The duration of the data storage from the conclusion of the contract extends at least to a period in which the user is entitled to assert his rights / claims against the company. In addition, a longer storage obligation for necessary personal data can arise, as far as this is necessary for the fulfilment of legal or fiscal purposes. After the contract has been fully executed, the user data will be blocked for further use.

5. Legal retention period:
According to § 257 HGB (German Commercial Code), every businessman is obliged to keep, among other things, received commercial letters, reproductions of sent commercial letters and accounting vouchers. The retention period is ten years for accounting documents and six years for commercial letters in accordance with § 257 (4) HGB. After § 147 AO enterprises are legally obligated to keep certain documents e.g. posting vouchers in connection with the closed contract. Outgoing invoices of the entrepreneur according to § 147 AO are to be stored as a rule for 10 years.

6. Objection and removal possibility

The subscription to our product information can be cancelled at any time by the user concerned. For this purpose, there is a corresponding link in every e-mail about product information.

If the data is required for the fulfilment of a contract or for the implementation of pre-contractual measures, an early deletion of the data is only possible, unless contractual or legal obligations prevent a deletion.

However, there are exceptions to the obligation to delete. There is no obligation to delete the data if the processing is necessary:

  • to fulfil a legal obligation or public tasks
  • for archiving, research and statistical purposes in the public interest
  • to assert, exercise or defend legal claims
 
VII. Email Contact

1. Description and scope of data processing
Our business e-mail is stored on our website, which can be used for electronic contact. If a user takes advantage of this possibility, only his e-mail address is transmitted to us and stored.

If the user adds voluntary data to this e-mail, this data is transmitted to us and stored.

By sending the e-mail to us, the user agrees to the data storage.

At the time the message is sent, the following data is also stored:

  • The IP address of the user
  • Date and time of registration
  • In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.

2. Legal basis for the data processing
The legal basis for the processing of the data is Art. 6 Abs. 1 lit. a DSGVO if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 Abs. 1 lit. f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 Abs. 1 lit. b DSGVO.

3. Purpose of the data processing
In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of the data.

4. Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified. In case of a conclusion of a contract, reference is made to point VI, number: 4. The personal data additionally collected during the sending process will be deleted after a period of seven days at the latest.

5. Possibility of opposition and removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued. The revocation can be made by e-mail to the responsible data protection officer. To do so, please contact the data protection officer at the following e-mail address:

datenschutzbeauftragter@adcada.de

All personal data stored in the course of the contact will be deleted in this case.

 

VIII. Web analytics with Google Analytics

On our website we use Google Analytics, a web analysis service of Google Inc. ("Google").
The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

1. The scope of processing of personal data
Google Analytics is a web analysis service. Google Analytics sets a cookie on the user's computer. (for cookies, see section V). Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to websites. This website uses Google Analytics with the extension "anonymizeIP()" so that IP addresses are only processed in a shortened form in order to exclude the possibility of direct personal references. By using the code extension, the last 8 bits of the IP address of the Internet connection of the person concerned are shortened and anonymised by Google if the access to our Internet pages is from a member state of the European Union or from another state that is a signatory to the Agreement 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 your browser within the framework of Google Analytics is not merged with other data from Google.

If individual pages of our website are called up, the following data is stored:

  • The called up website
  • The website from which the user has reached the accessed website (referrer)
  • The subpages that are called from the called web page
  • The time spent on the website
  • The frequency of visiting the website

2. Legal basis for the processing of personal data
The legal basis for the processing of users' personal data is Art. 6 Abs. 1 lit. f DSGVO.

3. Purpose of the data processing
On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the internet. By evaluating the data obtained, we can compile information on the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. These purposes also include our legitimate interest in processing the data in accordance with Art. 6 Abs. 1 lit. f DSGVO. By anonymizing the IP address, the interest of the users in their protection of personal data is sufficiently taken into account.

4. Duration of storage
The data is deleted as soon as it is no longer required for our recording purposes.
By default, sessions are terminated after 30 minutes of no activity and campaigns are terminated after six months. The time limit for campaigns can be a maximum of two years.

5. Possibility of opposition and removal
You can prevent or limit the storage of cookies by making the appropriate setting in your browser software. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may not be possible to use all functions of the website to their full extent.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: opt out optout

To prevent Universal Analytics, capture across multiple devices, you must opt-out on all systems in use.

 

IX. Rights of the data subject

1. Right of information
You can request confirmation from the person responsible whether personal data concerning you is being processed by us.
If such processing has taken place, you can request information from the data controller about the following:

the purposes for which the personal data are processed
the categories of personal data which are processed;
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
the planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
any available information as to the source of the data where the personal data are not collected from the data subject;
the existence of automated decision making, including profiling, in accordance with Art. 22 (1) Abs. and (4) DSGVO and — at least in these cases — meaningful information about the logic involved and the scope and intended effects of such processing on the data subject. You have the right to request information whether the personal data concerning you are being transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.

2. Right of rectification
You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.

3. Right to restrict processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data;
the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
the controller no longer needs the personal data for the purposes of the processing, but you need the personal data in order to assert, exercise or defend legal claims; or
if you have lodged an objection to the processing pursuant to Art. 21 Abs. 1 DSGVO and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.
Where the processing of personal data relating to you has been restricted, such data may be processed, except for storage, only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right of cancellation

a) Deletion approval
You may request the controller to delete the personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:
the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
you revoke your consent on which the processing was based pursuant to Art. 6 Abs. 1 lit. a or Art. 9 Abs. 2 lit. a DSGVO and there is no other legal basis for the processing.
You object to the processing pursuant to Art. 21 Abs. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 Abs. 2 DSGVO.
The personal data concerning you have been processed unlawfully.
The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data concerning you have been collected in relation to information society services offered, in accordance with Art. 8 Abs. 1 DSGVO.

b) Information to third parties
If the controller has made public the personal data concerning you and is obliged to delete them pursuant to Art. 17 Abs. 1 DSGVO, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

(c) Exceptions
The right of cancellation does not exist insofar as the processing is necessary
on the exercise of the right to freedom of expression and information;
to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject or to carry out 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 field of public health pursuant to Art. 9 Abs. 2 lit. h and i and Art. 9 Abs. 3 DSGVO;
for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 Abs. 1 DSGVO, to the extent that the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
to assert, exercise or defend legal claims.

5. Right to information
If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed of these recipients.

6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been communicated, provided that the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 Abs. 2 lit. a DSGVO or on a contract pursuant to Art. 6 Abs. 1 lit. b DSGVO and the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one person responsible to another, as far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data transferability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Art. 6 Abs. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you, unless he can demonstrate compelling reasons for processing which are justified on grounds of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
Notwithstanding Directive 2002/58/EC, in the context of the use of Information Society services, you have the possibility of exercising your right of objection by means of automated procedures involving technical specifications.

8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that took place based on your consent until revocation.

9. Automated case-by-case decision including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you similarly. This shall not apply if the decision is necessary for the conclusion or fulfilment of a contract between you and the person responsible, is authorized by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 Abs. lit a DSGVO, unless Art. 9 Abs. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the data controller, to present his or her point of view and to challenge the decision.

10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the DSGVO.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.