Data protection
Information obligations according to Art. 13 and 14 GDPR
General
The protection of personal data is of particular priority to the management of Patient Learning Systems AG ("PLS AG"). The PLS AG website can be used without providing personal data; however, if a data subject wishes to use our applications, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to PLS AG. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, PLS AG has implemented technical and organizational measures to ensure the most complete protection possible for personal data processed via this website and our applications. However, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone.
1. Definitions
The data protection declaration of PLS AG is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our data protection declaration is intended to be easily readable and understandable for the public as well as for our customers and business partners. To ensure this, we would first like to explain the terms used.
In this privacy policy we use, among others, the following terms:
Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Personal data
Personal data is any information relating to an identified or identifiable natural person ("data subject"). An identifiable natural 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing
Controller or controller responsible for the processing 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the person responsible
The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
Data protection officer of PLS AG
Patient Learning Systems AG
Elsasser Strasse 68
28211 Bremen
Germany
3. Collection of general data and information
The website and applications of PLS AG collect a series of general data and information each time they are accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems. Our applications can record a) user name b) email c) gender d) telephone number e) date of birth f) symptoms g) answers to questionnaires and free text fields h) messages to us via the messaging function of the applications i) language settings j) technically necessary cookies k) user ID.
When using this general data and information, PLS AG does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the contents of our applications and website, (2) optimize the contents of our website and the advertising for them, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by PLS AG both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. Possibility of contact
Due to legal regulations, the applications and website of PLS AG contain information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
5. Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
6. Rights of the data subject
a) Right to confirmation (Art. 15 GDPR): Every data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her is being processed. If a data subject wishes to exercise this right of confirmation, they can contact an employee of the controller at any time.
b) Right to information (Art. 15 GDPR): Every data subject has the right to receive free information about the personal data stored about them and a copy of this information at any time. In addition, the data subject is entitled to the following information
the purposes of the processing;
the categories of personal data being processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject has the right to be informed whether personal data is transferred to a third country or to an international organization. In this case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they can contact an employee of the controller at any time.
c) Right to rectification (Art. 16 GDPR): Every data subject shall have the right to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten, Art. 17 GDPR): Each data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been processed unlawfully.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the PLS AG, he or she may, at any time, contact any employee of the controller. An employee of PLS AG shall promptly ensure that the erasure request is complied with immediately.
e) Right to restriction of processing (Art. 18 GDPR): Each data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
f) Right to data portability (Art. 20 GDPR): Each data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format.
He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and the processing is carried out by automated means.In exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.If a data subject wishes to avail himself of this right to data portability, he or she may, at any time, contact any employee of the PLS AG
g) Right to object (Art. 21 GDPR): Each data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.
PLS AG shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If the PLS AG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, PLS AG will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the PLS AG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
If a data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the PLS AG.
h) Right against automated decision-making, including profiling (Art. 22 GDPR): Each data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and PLS AG, (2) is not authorized by Union or Member State law to which PLS AG is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decisions (1) are necessary for entering into, or the performance of, a contract between the data subject and PLS AG, or (2) they are based on the data subject's explicit consent, PLS AG shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of PLS AG, to express his or her point of view and contest the decision.
ii) Right to withdraw consent under data protection law: Every data subject has the right to withdraw their consent under data protection law at any time.
If a data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the PLS AG.
In the event of complaints, the data subject can contact a supervisory authority at any time, e.g. the supervisory authority of the federal state in which they reside or the authority that supervises PLS AG. A list of supervisory authorities (for the non-public sector) can be found under the corresponding link.
7. Data protection in application procedures
PLS AG collects and processes the personal data of applicants for the purpose of processing the application process. Processing can also be carried out electronically. This is particularly the case if an applicant sends corresponding application documents to PLS AG electronically, for example by email or via a web form on the website. If PLS AG concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If PLS AG does not conclude an employment contract with the applicant, the application documents are automatically deleted six months after the rejection decision is announced, provided that no other legitimate interests of PLS AG conflict with deletion. Another legitimate interest in this context is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
9. The legitimate interests pursued by PLS AG or a third party
If the processing of personal data is based on Article 6 paragraph 1 letter f of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of all employees and shareholders.
10. Period for which personal data will be stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted unless it is no longer required to fulfill or initiate a contract.
11. Provision of personal data as a legal or contractual requirement; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We clarify that the provision of personal data is sometimes required by law (e.g. tax regulations) or can also arise from contractual provisions (e.g. information on the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data if PLS AG concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact an employee. The employee will inform the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
12. IT security
To protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) over HTTPS.
13. Existence of automated decision-making
PLS AG does not carry out any automated decision-making or profiling.
14. Changes to this Privacy Policy
We reserve the right to adapt this privacy policy to ensure that it always complies with current legal requirements or to implement changes to our services in the privacy policy, e.g. when introducing new services. Your next visit will be subject to the new privacy policy.
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