Privacy policy promedipharm.de

and at the same time information of the data subjects according to article 13 and article 14 GDPR

I. General, responsible person, data protection officer

Preamble

Promedipharm GmbH (hereinafter »Promedipharm«, »we«, »us«, »our«) provides services in which data and in particular personal data are processed. This concerns in particular the areas of communication and marketing activities, the provision of this internet presence and all related actions.

Note on the responsible body

The responsible party pursuant to Article 4 (7) of the General Data Protection Regulation (hereinafter »GDPR«) and other national data protection laws of the member states as well as other data protection provisions is:

Promedipharm GmbH

Berliner Ring 89
64625 Bensheim | Germany

Phone: +49 (0) 6251 177 40
E-mail: info(at)promedipharm.de

Data Protection Officer

We are not required by law to appoint a data protection officer. However, if you have any questions about data protection, we will be happy to pass them on to our external data protection advisor. To do so, please contact us using the above-mentioned contact details with the reference »Attn: Data Protection«.

Scope of the processing of personal data

We process personal data of our users only insofar as this is necessary for the provision of a functional website and our content and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) lit. a GDPR serves as the legal basis for the processing of personal data.

When processing personal data that is ­necessary for the performance of a contract ­to which ­the data subject is a party, Article 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Article 6 (1) lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal ­data, Article 6 (1) lit. d GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Article 6 (1) lit. f GDPR serves as the legal basis for the processing.

Data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

Note on data transfer to the USA and other third countries

Among other things, tools from companies based in the USA or other third countries that are not secure under data protection law may be integrated on our website. If these tools are active, your personal data may be transferred to the respective companies in the third countries. We would like to point out that no level of data protection comparable to that in the EU can be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities. We have concluded valid appropriate guarantees with the service providers for the transfer to these third countries in accordance with Article 46 (2) GDPR. If you have any further questions, please feel free to contact our data protection officer.

A data transfer to the USA takes place exclusively on the basis of consent by the data subject (Article 6 (1) lit. a GDPR). You can revoke an already granted consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

II. Use of our services and offers

Provision of the website and creation of log files

Informational use / description and scope of data processing

For the use of our website for information purposes only, it is generally not necessary for you to provide personal data. Rather, we collect and use in this case only those of your data that your Internet browser automatically transmits to us, such as:

  • Date and time of the retrieval of one of our Internet pages
  • Your browser type
  • the browser settings
  • the operating system used
  • the last page you visited
  • the amount of data transferred and the access status (file transferred, file not found, etc.)
  • Your IP address.


Purpose

We collect and use this data during an informational visit exclusively in non-personal form. This is done to enable the use of the Internet pages you have accessed, for statistical purposes and to improve our Internet offering. The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Article 6 (1) lit. f GDPR.

Duration of storage

The data is deleted as soon as it is no longer required 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. In the case of storage of data in log files, this is the case after fourteen days at the latest; storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling user is no longer possible. Access to the log data is only possible directly and exclusively for administrators.

Possibility of objection and removal

The collection of data for the provision of services and the storage of data in log files is mandatory for the operation of the services offered. Consequently, there is no possibility of objection on the part of the user.

Website hosting

This website is hosted by an external service provider (1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany, hereinafter »hoster«). The personal data collected on this website is stored on the hoster’s servers. This may include, but is not limited to, IP addresses, contact requests, meta and communication data, contract data, contact data, names, website accesses and other data generated via a website.

Our hoster will only process your data to the extent necessary to fulfill its service obligations and will follow our instructions regarding this data.

If we commission service providers with the processing of data, this is always done pursuant to Article 28 GDPR on the basis of a so-called contract for commissioned processing. In order to ensure data protection-compliant processing, we have ­concluded an order processing contract ­with our hoster.

Cookies use

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. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

When calling up our website, the user is informed about the use of cookies by a Consent banner and his consent to the processing of personal data used in this context is obtained and documented in accordance with data protection law. In this context, there is also a reference to this privacy policy. In this context, there is also a reference to how the storage of cookies can be prevented in the browser settings.

You can also determine whether cookies can be set and retrieved by changing the settings in your browser. You can, for example, completely deactivate the storage of cookies in your browser, limit it to certain web pages or configure your browser so that it automatically notifies you as soon as a cookie is to be set and asks you for feedback on this. For the full functionality of our website, however, it is necessary for technical reasons to allow the cookies we use.

Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) lit. f GDPR. The legal basis for the processing of personal data using cookies for analysis purposes and for ad control or evaluation is Article 6 (1) lit. a / § 25 (1) TTDSG or lit. f GDPR.

Purpose of data processing

If there is a use of technically necessary cookies:

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions 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: storage of visitor settings selected in the Consent Banner.

In these purposes also lies our legitimate interest in the processing of personal data according to Article 6 (1) lit. f GDPR.

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

Duration of storage, possibility of objection and elimination

Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also 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. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

You will be informed about the exact storage period in the notes in our Consent Tool. If consents have also been made there, you can object there.

Cookie Consent with the »Borlabs Cookie Consent Tool«

Our website uses the cookie consent technology of Borlabs Cookie to obtain your consent to the storage of certain cookies on your terminal device or to the use of certain technologies and to document this in accordance with data protection law. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg (hereinafter »Borlabs«).

Description and scope of data processing

When you enter our website, your consents and other declarations regarding cookie use are obtained via our Consent Tool. The Consent Tool then stores a cookie in your browser in order to be able to assign the consents granted to you or their revocation.

Legal basis for data processing

The Consent Tool is used to obtain the legally required consent for the use of cookies. The legal basis for this is Article 6 (1) lit. c GDPR.

Purpose of data processing

The purpose of providing the Consent Tool is to comply with overriding legislation and to inform users in what context cookies are used on this website.

Possibility of objection and removal

The data collected by the Consent tool will remain stored until you delete the Consent cookie yourself, adjust the settings via the Consent banner (»Cookies« button in the header of the website), or the purpose for storing the data no longer applies. Mandatory legal storage obligations remain unaffected.

More information

Details about Borlabs Cookie data processing can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.

Plugins and tools

Google Maps (with 2-click solution)

This site uses the map service Google Maps. The provider is Google Ireland Limited (»Google«), Gordon House, Barrow Street, Dublin 4, Ireland.

To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there (see also the section »Note on data transfer to the USA«). The provider of this site has no influence on this data transfer. If Google Maps is activated, Google may use Google Web Fonts for the purpose of uniform display of fonts. When calling up Google Maps, your browser may load the required web fonts into its browser cache in order to display texts and fonts correctly.

The provider of this site has no influence on this data transmission.

Google Maps is used in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This represents a legitimate interest within the meaning of Article 6 (1) lit. f GDPR. If a corresponding consent has been requested, the processing is based exclusively on Article 6 (1) lit. a GDPR and § 25 (1) TTDSG; the consent can be revoked at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here:

https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

More information on the handling of user data can be found in Google’s privacy policy:

https://policies.google.com/privacy?hl=de.

III. Use of offers

E-mail contact

Description and scope of data processing

Our contact details are stored on our website and can be used for contacting us. In principle, it is possible to contact us via the e-mail address provided. In this case, the transmitted personal data (name, contact details and inquiry) of the user will be stored and processed by us for the purpose of processing your request.

In this context, the data will not be disclosed to third parties without your consent. The data is used exclusively for the processing of the conversation.

Legal basis for data processing

Contacting us by providing an e-mail address is only possible from the age of 16 or with the consent of a parent or guardian. By using this function, you confirm that you are over 16 years old or that you have the consent of a parent or guardian.

The legal basis for the processing of the data is Article 6 (1) lit. a GDPR if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an inquiry is Article 6 (1) lit. f GDPR. The legitimate interest consists in an efficient and fast processing of user requests. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Article 6 (1) lit. b GDPR.

Purpose of data processing

The processing of the personal data of the transmitted data serves us to process the contact, the processing of user requests or the processing of appointment requests. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the process serve to ensure the security of our information technology systems.

Duration of storage

The data is deleted as soon as it is no longer ­required to achieve the purpose for which it was collected.­ For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

Possibility of objection and removal

The user has the option 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. For the revocation of consent, you can contact our data protection officer at any time using the above contact details.

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

Inquiries by phone or fax

Description and scope of data processing

If you contact us by telephone or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. We will not pass this data on to third parties without your consent.

Legal basis for data processing

The processing of this data is based on Article 6 (1) lit. b GDPR, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of requests addressed to us (Article 6 (1) lit. f GDPR) or on your consent (Article 6 (1) lit. a GDPR) if this was requested.

Purpose of data processing

The processing of personal data serves us solely to process your request.

Duration of storage

The data you send to us via inquiries will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g., after we have completed processing your request).

Possibility of objection and removal

The user has the possibility to revoke the processing of his personal data at any time. You can make use of your objection by contacting the above mentioned contact details.

All personal data stored in the course of contacting us will be deleted in this case. Mandatory legal provisions – in particular legal retention periods – remain unaffected.

IV. Own services

Handling of applicant data

We offer you the opportunity to apply to us (e.g., via the application platform, e-mail, postal mail or online application form). In the following, we inform you about the scope, purpose and use of your personal data collected as part of the application process. We assure you that the collection, processing and use of your data will be carried out in accordance with applicable data protection law and all other statutory provisions and that your data will be treated in strict confidence.

Scope and purpose of data collection

If you send us an application, we process your associated personal data (e.g. contact and communication data, application documents, notes taken during interviews, etc.) insofar as this is necessary to decide on the establishment of an employment relationship.

Legal basis for data processing

The legal basis for data processing as part of the application process is Section 26 BDSG under German law (initiation of an employment relationship), Article 6 (1) lit. b GDPR (general contract initiation) and – if you have given your consent – Article 6 (1) lit. a GDPR. The consent can be revoked at any time. Your personal data will only be passed on within our company to persons who are involved in processing your application.

If the application is successful, the data submitted by you will be stored in our data processing systems on the basis of Section 26 BDSG and Article 6 (1) lit. b GDPR for the purpose of implementing the employment relationship.

Data retention period

If we are unable to make you a job offer, if you reject a job offer, or if you withdraw your application, we reserve the right to retain the data you have provided on the basis of our legitimate interests (Article 6 (1) lit. f GDPR) for up to 6 months from the end of the application process (rejection or withdrawal of the application). Subsequently, the data will be deleted and the physical application documents destroyed. This storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the 6-month period has expired (e.g. due to an impending or pending legal dispute), the data will not be deleted until the purpose for continued storage no longer applies.

A longer storage can also take place if you have given a corresponding consent (Article 6 (1) lit. a GDPR) or if legal storage obligations oppose the deletion.

You will not be informed separately about the deletion of your data.

Inclusion in the applicant pool

If we do not make you a job offer, it may be possible to include you in our applicant pool. In the event of inclusion, all documents and details from the application will be transferred to the applicant pool in order to contact you in the event of suitable vacancies.

Inclusion in the applicant pool takes place exclusively on the basis of your express consent (Article 6 (1) lit. a GDPR). The provision of consent is voluntary and is not related to the current application process. The data subject may revoke his/her consent at any time. In this case, the data will be irrevocably deleted from the applicant pool, unless there are legal reasons for retention.

The data from the applicant pool will be irrevocably deleted no later than one year after consent has been given. You will not be informed separately about the deletion of your data.

Possibility of objection and removal

If personal data is processed by us as the controller, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and purpose of the processing. These can be found in the chapter »Rights of the data subject« of this privacy policy.

If the processing of personal data is based on your consent, you have the right to revoke this consent under data protection law in accordance with Article 7 (3) GDPR. To assert your data subject rights with regard to the data processed in this application procedure, please contact our data protection officer at the above contact details.

V. Your rights as a data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

Right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you may request information from the 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 the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;
  • the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing 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 on the origin of the data, if the personal data are not collected from the data subject;
  • the existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.


You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.

Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller, insofar as the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

  • if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
  • the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or
  • if you have objected to the processing pursuant to Article 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.


Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Right to deletion

Obligation to delete

You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue 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 Article 6 (1) lit. a or Article 9 (2) lit. a GDPR and there is no other legal basis for the processing.
  • You object to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) GDPR.
  • The personal data concerning you has been processed unlawfully.
  • The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data concerning you was collected in relation to information society services offered pursuant to Article 8 (1) GDPR.


Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17 (1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

Exceptions

The right to erasure does not exist insofar as the processing is necessary to

  • to exercise the right to freedom of expression and information;
  • for compliance 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 pursuant to Article 9 (2) lit. h and lit. i and Article 9 (3) GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89 (1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
  • for the assertion, exercise or defense of legal claims.

Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the data controller.

Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

  • the processing is based on consent pursuant to Article 6 (1) lit. a GDPR or Article 9 (2) lit. a GDPR or on a contract pursuant to Article 6 (1) lit. b GDPR and
  • the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to 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.

Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) lit. e or lit. f GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If the personal data concerning you is 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; this also applies to profiling, insofar as it is related 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.

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

Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Automated decision in individual cases 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

  • is necessary for the conclusion or fulfillment of a contract between you and the responsible party,
  • is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  • is done with your express consent.


However, these decisions may not be based on special categories of personal data pursuant to Article 9 (1) of the GDPR, unless Article 9 (2) lit. a or 9 (2) lit. g of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to contract performance and consent, the controller shall take reasonable steps to safeguard the rights and freedoms of, and your legitimate interests, including at least the right to obtain the intervention of a person from the controller, to express your point of view and contest the decision.

Right to complain 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 of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

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 Article 78 GDPR.

VI.Data Security, Third Party Websites, Changes

Data security

Unfortunately, the transmission of information via the Internet is not completely secure, which is why we cannot guarantee the security of data transmitted to our Services via the Internet. However, we secure our services and other systems by technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. In particular, we transmit your personal data in encrypted form. We use the SSL (Secure Socket Layer) [or TLS (Transport Layer Security)] coding system for this purpose.

We also use technical and organizational security measures to protect personal data that is generated or collected, in particular against accidental or intentional manipulation, loss, destruction or against attack by unauthorized persons. Our security measures are continuously improved in line with technological developments.

Privacy and third party websites

The website may contain hyperlinks to and from third-party websites. If you follow a hyperlink to one of these websites, please note that we cannot accept any responsibility or warranty for third-party content or data protection conditions. Please make sure you are aware of the applicable data protection conditions before submitting personal data to these websites.

Changes to this privacy policy

We reserve the right to change this privacy policy at any time with effect for the future. A current version is available on the website. Please visit the website regularly and inform yourself about the applicable data protection provisions.

Translation

The privacy policy is translated from German. In case of discrepancies, the German version shall prevail.

Status: v1.1.0-221031-1325