Privacy policy

VI.    Contact form and e-mail contact

 

1.    Description and scope of data processing

 

On our website is a contact form available, which can be used for electronic contact. If a user realizes this option, the data entered in the input mask will be transmitted to us and saved. These data are: name of sender of the email, name of the residential home for the elderly (if specified), e-mail of sender, telephone number of sender (if specified), date and time of the contact form filling in.

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Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored. 

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In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.

 

2.    Legal basis for data processing 

 

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6  para. 1 lit. a GDPR.  

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The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 para. 1 lit. f GDPR.  If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

 

3.    Purpose of data processing

 

The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data.

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The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems. 

 

4.    Duration of storage

 

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified. 

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The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

 

5.    Objection and removal options

 

The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation cannot continue.

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

 

 

VII.    Rights of the affected person

 

If your personal data are processed, you are affected according to GDPR and you have the following rights to the person responsible:

 

1.    Right of access

 

You may ask the responsible person (controller) to confirm if personal data concerning you is processed by us. 

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If processing has taken place, users can request the following information from the controller:

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• the purposes for which the personal data are processed;

• the categories of personal data being processed;

• the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;

• the planned storage duration of your personal data or, if specific information is not available, 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;

• all available information on the source of the data if the personal data is not collected from the data subject;

• the existence of automated decision-making including profiling in accordance with Article 22 Para. 1 and 4 GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such kind of processing for the data subject.

 

You have the right to request information about whether your personal data relates to a third country/the country outside of the EU or an international organization. In this context, you can request to be informed of the appropriate guarantees according to Article 46 GDPR in connection with the transmission.

 

2.    Right to rectification

 

You have a right to rectification and/or completion by the controller if the personal data you process is incorrect or incomplete. The controller must make the correction without delay.

 

3.    Right to restriction of processing

 

You may request the restriction of the processing of your personal data under the following conditions:

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• if users dispute the accuracy of the personal data concerning them for a period of time that enables the controller to verify the accuracy of the personal data;

• the processing is unlawful and you refuse the deletion of the personal data and instead demand 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 it to assert, exercise or defend legal claims; or

• if users have filed an objection to the processing according to Article 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh their reasons.

 

If the processing of personal data concerning you has been restricted, this data - except for its storage - may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.

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

 

4.    Right to deletion

a)    Deletion obligation

You may request that the controller delete your personal information without delay, and the controller is obliged to delete that information immediately if one of the following reasons applies:

 

• 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 is based acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for processing. 

• You have objected to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing or you enter opposition against processing according to Art. 21 para. 2 GDPR. 

• The personal data concerning the users has been unlawfully processed.  

• The deletion of personal data concerning you shall be required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject. 

• The personal data concerning you has been collected in relation to information society services offered according to Art. 8 para. 1 GDPR.

b)    Information to third parties

If the person in charge has made the personal data concerning you public and is obliged to delete it acc. Article 17 para. 1 of the GDPR, it shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you have been identified as being affected, taking into account available technology and implementation costs, persons requesting deletion of all links to such personal data or of copies or replications of such personal data.

c)    Exceptions

The right to delete does not exist if the processing is required

 

• to exercise the right to freedom of expression opinions and information;

• to perform a legal obligation required processing according to the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority conferring on the controller;

• for reasons of public interest in the field of public health according to Art. 9 para. 2 lit. h and i and Art. 9 para. 3)GDPR;

• for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 para. 1 GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

• to assert, exercise or defend legal claims.

 

5.    Right to information

 

If you assert the right of rectification, erasure or restriction of processing to the controller, he/she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.

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

 

6.    Right to data portability

 

You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. Furthermore, you have the right to transfer this data to another controller without any obstruction by the controller for providing the personal data, provided that

 

• the processing is based on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR and

• the processing is done by automated methods.

 

Having used this right, you also have the right to strive for transfer of the personal data concerning you by the controller directly to another controller, if this is technically feasible. However, it must not affect rights and freedoms of other persons. 

The right to data portability does not apply to the processing of personal data, necessary to complete a task, meeting the public interests or in exercise of authoritative powers, delegated to the controller.

 

7.    Right of objection

 

You have the right at any time, for reasons that arise from your particular situation, to raise an objection against the processing of your personal data made pursuant to Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions. 

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The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

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If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertisement.

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If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Regardless of Directive 2002/58/EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.

 

8.    Right to revoke the declaration of consent for the processing of personal data

 

You have the right to revoke your declaration of consent for the processing of personal data at any time.  The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until the revocation.

 

9.    Automated decision on a case-by-case basis, including profiling

 

You have the right not to be subjected to a decision based exclusively on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision

 

• is required for the conclusion or fulling of a contract between you and the controller

• is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests or

• with your explicit consent.

 

However, these decisions may not be based on special categories of personal data according  to Art. 9  Para. 1 GDPR, unless Art. 9 Para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights, freedoms as well as your legitimate interests.

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In the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights, freedoms and your legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his/her own position and to challenge the decision. 

 

10.    Right to complain to a supervisory authority

 

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR provisions.

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The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.