Data protection

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within the framework of the provision of our services as well as within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as “online offer”). With regard to the terms used, such as “processing” or “responsible person”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (BDPR).

Person responsible:

Frank Felten | Calle Los Tarajeles 44
38687 Fonsalía | Tenerife
info(at)alegriabynoun(dot)com

Types of data processed

– inventory data (e.g., personal master data, names or addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., visited websites, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects

Visitors and users of the online offer (in the following we refer to the persons concerned collectively also as “users”).

Purpose of the processing

– Provision of the online offer, its functions and contents.
– Answering of contact requests and communication with users.
– Security measures.
– Reach measuring/marketing
Used terms

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable 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 (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all data processing operations.

“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 inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person

“Profiling” means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person

The “controller” is the 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.

“Processor” means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
Relevant legal bases

In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. The following applies to users from the scope of the Basic Data Protection Regulation (DSGVO), i.e. the EU and EEC, unless the legal basis is stated in the data protection declaration:

The legal basis for obtaining consent is Art. 6 (1) lit. a and Art. 7 DSGVO;
The legal basis for processing for the purpose of fulfilling our services and carrying out contractual measures and answering enquiries is Art. 6 para. 1 lit. b DSGVO;

The legal basis for the processing to fulfil our legal obligations is Art. 6 Para. 1 lit. c DSGVO;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

The legal basis for the 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 is Art. 6 para. 1 letter e DSGVO.

The legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 letter f DSGVO.

The processing of data for purposes other than those for which they were collected is governed by the provisions of Art. 6 para. 4 DSGVO.

The processing of special categories of data (pursuant to Art. 9 para. 1 DSGVO) is governed by the provisions of Art. 9 para. 2 DSGVO.

Security measures

We take appropriate technical and organisational measures in accordance with legal requirements, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

These measures include in particular ensuring the confidentiality, integrity and availability of data by controlling the physical access to data, as well as the access, input, disclosure, security of availability and segregation of data relating to them. Furthermore, procedures have been put in place to ensure that data subjects’ rights are respected, that data is deleted and that data is responded to if it is compromised. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through the design of technology and through data protection-friendly default settings.

Cooperation with contract processors, joint managers and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors, jointly responsible parties or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorisation (e.g. if it is necessary to transfer the data to third parties, such as payment service providers, in order to fulfil a contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we disclose, transmit or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, moreover, on a basis that complies with the legal requirements.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of using the services of third parties or disclosure or transfer of data to other persons or companies, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transfer, we process or allow the data to be processed only in third countries with a recognised level of data protection, including the US processors certified under the “Privacy Shield” or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission).

Rights of data subjects

You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information on such data, as well as further information and a copy of the data in accordance with legal requirements.

You have the right to obtain, in accordance with the law, the integration of data concerning you or the rectification of incorrect data concerning you.

You have the right to request that data concerning you be deleted immediately in accordance with the law or, alternatively, to request that the processing of the data be restricted in accordance with the law.

You have the right to request that the data concerning you that you have provided us with be made available to us in accordance with the law and to request that it be communicated to other persons responsible.

You also have the right, in accordance with the law, to lodge a complaint with the relevant supervisory authority.
Right of withdrawal

You have the right to revoke any consent you have given with effect for the future.
Right of objection

You can object to the future processing of data concerning you in accordance with the legal requirements at any time. In particular, you may object to processing for direct marketing purposes.

Cookies and right of objection for direct mail

“Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Similarly, the interests of the users can be stored in such a cookie, which are used for coverage measurement or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, it is referred to as “first-party cookies”).

We may use temporary and permanent cookies and provide information on this in our data protection declaration.

If we ask users to give their consent to the use of cookies (e.g. in the context of cookie consent), the legal basis for this processing is Art. 6 para. 1 lit. a. DSGVO. Otherwise, the users’ personal cookies will be processed in accordance with the following explanations within the framework of this data protection declaration on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO) or insofar as the use of cookies is necessary for the provision of our contract-related services, in accordance with Art. 6 para. 1 lit. b. DSGVO, or insofar as the use of cookies is necessary for the performance of a task which is in the public interest or in the exercise of official authority, in accordance with Art. 6 Paragraph 1 lit. e. DSGVO, processed.

If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/oder the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.
Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations.

Unless the data are deleted because they are required for other and legally permissible purposes, their processing is restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
Changes and updates to the data protection declaration

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to take action to cooperate (e.g. to give your consent) or to receive other individual notification.

Business-related processing

Additionally we process

– Contract data (e.g., subject matter of the contract, duration, customer category).
– Payment data (e.g., bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Services serving the health care sector

We process the data of our patients and interested parties and other clients or contractual partners (uniformly referred to as “patients”) in accordance with Art. 6 Para. 1 letter b) DSGVO in order to provide them with our contractual or pre-contractual services. The data processed in this context, the nature, scope and purpose of such processing and the necessity of processing it, shall be determined by the underlying contractual relationship. The processed data basically include inventory and master data of the patients (e.g., name, address, etc.), as well as contact data (e.g., e-mail address, telephone number, etc.), contractual data (e.g., services used, products purchased, costs, names of contact persons) and payment data (e.g., bank details, payment history, etc.).

Within the scope of our services, we may also process special categories of data in accordance with Art. 9 Para. 1 DSGVO, in particular data relating to the health of patients, possibly with reference to their sex life or sexual orientation. For this purpose, we obtain, if necessary, in accordance with Art. 6 Paragraph 1 lit. a., Art. 7, Art. 9 Paragraph 2 lit. a. DSGVO, and otherwise process the special categories of data for the purposes of health care on the basis of Art. 9 Paragraph 2 lit. h. DSGVO, Art. 22 (1) No. 1 b. BDSG.

If necessary for the fulfilment of the contract or required by law, we disclose or transfer the patients’ data in the course of communication with medical professionals, third parties involved in the fulfilment of the contract as necessary or typically, such as laboratories, billing offices or comparable service providers, if this is necessary for the provision of our services according to Art. 6 para. 1 lit. b. DSGVO, legally according to Art. 6 Para. 1 lit. c. DSGVO, our interests or those of patients in efficient and cost-effective health care as a legitimate interest in accordance with Art. 6 Para. 1 lit. f. DSGVO or is necessary according to Art. 6 para. 1 lit. d. DSGVO to protect the vital interests of patients or another natural person or is necessary within the framework of a consent according to Art. 6 para. 1 lit. a., Art. 7 DSGVO.

The data is deleted when the data is no longer necessary for the fulfilment of contractual or statutory duties of care and for dealing with any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed every three years; otherwise the statutory retention obligations apply.

Therapeutic services and coaching

We process the data of our clients and prospective clients and other clients or contractual partners (uniformly referred to as “clients”) in accordance with Art. 6 Para. 1 letter b) DSGVO in order to provide them with our contractual or pre-contractual services. The data processed in this context, the nature, scope and purpose of such processing and the necessity of processing it, shall be determined by the underlying contractual relationship. The processed data includes in principle stock and master data of the clients (e.g., name, address, etc.), as well as contact data (e.g., e-mail address, telephone, etc.), contractual data (e.g., services used, fees, names of contact persons, etc.) and payment data (e.g., bank details, payment history, etc.).

Within the scope of our services, we may also process special categories of data in accordance with Art. 9 Para. 1 DSGVO, in particular information on the health of clients, if necessary with reference to their sexual life or sexual orientation, ethnic origin or religious or ideological beliefs. For this purpose, we obtain, if necessary, in accordance with Art. 6 Para. 1 letter a., Art. 7, Art. 9 Para. 2 letter a. DSGVO, and otherwise process the special categories of data for the purposes of health care on the basis of Art. 9 Paragraph 2 lit. h. DSGVO, Art. 22 Para. 1 No. 1 b. BDSG.

If necessary for the fulfilment of the contract or required by law, we disclose or transfer the clients’ data within the scope of communication with other professionals, third parties involved in the fulfilment of the contract as necessary or typically, such as billing offices or comparable service providers, if this is necessary for the provision of our services in accordance with Art. 6 para. 1 lit. b. DSGVO, legally according to Art. 6 Para. 1 lit. c. DSGVO, our interests or those of our clients in efficient and cost-effective health care as a legitimate interest in accordance with Art. 6 para. 1 lit. f. DSGVO or is necessary according to Art. 6 Para. 1 lit. d. DSGVO to protect the vital interests of clients or another natural person or is necessary within the framework of a consent according to Art. 6 Para. 1 lit. a., Art. 7 DSGVO.

The data is deleted when the data is no longer required to fulfil contractual or statutory duties of care or to deal with any warranty or comparable obligations, whereby the necessity of keeping the data is reviewed every three years; otherwise the statutory retention obligations apply.

Contractual services

We process the data of our contractual partners and interested parties as well as other principals, customers, clients, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with Art. 6 para. 1 lit. b. DSGVO in order to provide them with our contractual or pre-contractual services. The data processed in this context, the nature, scope and purpose of such processing and the necessity of processing it, shall be determined by the underlying contractual relationship.

The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers) as well as contractual data (e.g., services used, contract contents, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).

As a matter of principle, we do not process special categories of personal data, unless these are part of a commissioned or contractual processing.

We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure, if this is not evident to the contractual partners. Disclosure to external persons or companies is only made if it is necessary within the framework of a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client and the legal requirements.

When using our online services, we may store the IP address and the time of the respective user action. The storage is carried out on the basis of our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties, unless it is necessary to pursue our claims in accordance with Art. 6 Para. 1 lit. f. DSGVO or there is a legal obligation to do so in accordance with Art. 6 Paragraph 1 lit. c. DSGVO.

The data will be deleted when the data is no longer necessary for the fulfilment of contractual or statutory duties of care or for dealing with any warranty or comparable duties, whereby the necessity of keeping the data will be reviewed every three years; otherwise the statutory duties of safekeeping apply.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

Sources: eRecht24.de – Internet law by lawyer Sören Siebert & data protection sample by lawyer Thomas Schwenke – I law it; www.datenschutzbeauftragter-info.de