We are very pleased with your interest in our company. Data protection is of particular importance for the management of the Klinik Dr. Funk. In principle, the websites of Klinik Dr. Funk can be used without the provision of any personal data. However, if a data subject wishes to use our company's special services through our website, the processing of personal data may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject.
As the controller, the Klinik Dr. Funk have implemented numerous technical and organizational measures to ensure the most complete possible protection of the personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security holes, such that absolute protection cannot be guaranteed. For this reason, every data subject is free to submit personal data to us in alternative ways, for example by telephone.
- a) Personal data
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "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.
- b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
- c) Processing
Processing means 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.
- d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
- e) 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.
- f) Pseudonymization
Pseudonymization means 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.
- g) Controller (or entity responsible for the processing)
Controller means 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.
- h) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient
A 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.
- j) Third parties
Third party means 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.
- k) Consent
Consent of the data subject means 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 controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other data protection provisions is:
Klinik Dr. Funk
Briennerstr. 54 b
Telephone: +49 89 4520 9137
Fax: +49 89 4520 9136
The data subject can prevent the installation of cookies through our website at any time by means of a corresponding setting of the Internet browser used, and thus can permanently refuse the installation of cookies. Furthermore, previously installed cookies can be deleted at any time via an Internet browser or other software programs. This is possible with all common Internet browsers. Not all functions of our website may be fully usable if the data subject deactivates the setting of cookies in the Internet browser used.
4. Collecting of general data and information
The Internet site of the Klinik Dr. Funk collects a set of general data and information every time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The following data can be collected: (1) browser types and versions used, (2) operating system used by the accessing system, (3) webpage from which an accessing system accesses our website (referrers), (4) sub-webpages which the system accesses on our site (5) date and time of access to the website, (6) Internet protocol address (IP address), (7) Internet service provider of the accessing system and (8) other similar data and information used in the event of attacks on our information technology systems.
When using this general data and information, the Klinik Dr. Funk do not draw any conclusions about the data subject (person concerned). Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the content of our website and to advertise it, (3) ensure the continued functioning of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack. This anonymously collected data and information is evaluated by the Klinik Dr. Funk statistically and further with the aim of increasing data protection and data security in our company, ultimately ensuring an optimal level of protection for personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by data subject.
5. Contact via the website
According to the statutory provisions, the Klinik Dr. Funk website contains information, which enables rapid electronic contact of our company and immediate communication with us, comprised of a general address of an electronic mailbox (email address). If a data subject contacts the controller by email or through a contact form, the personal data provided by the data subject will be automatically saved. Such personal data, voluntarily transmitted by an individual (data subject) to the controller, is stored for the purpose of processing or contacting the data subject. This personal data will not be disclosed to third parties.
6. Routine erasure and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of the storage or as provided for by the European directive and regulatory authority or by any other legislator in laws or regulations to which the controller is subject.
If the purpose for storage has been achieved or if a storage period prescribed by the European directive and regulatory authority or any other relevant legislator has expired, the personal data will be routinely blocked or erased in accordance with the statutory provisions.
7. Rights of the data subject
- a) Right to confirmation
Each data subject has the right conferred by the European directive and regulatory authority to require the controller to confirm whether personal data relating to him/her is being processed. If a data subject wishes to make use of this right of confirmation, they can contact an employee of the controller at any time.
- b) Right to access
Any data subject has the right, granted by the European directive and regulatory authority, to obtain from the controller the information regarding the personal data stored about them at any time free of charge, along with a copy of such information. Furthermore, the European directive and regulatory authority has provided the data subject with the right to the following information:
o Purpose of the processing
o Categories of personal data being processed
o Recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations
o If possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining such duration
o The right of rectification or erasure of the personal data concerning them or restriction of processing by the controller or a right to object to such processing
o The existence of a right to lodge a complaint to a supervisory authority
o If the personal data are not collected from the data subject: all available information regarding the source of the data
o The existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) GDPR and, at least in such cases, meaningful information regarding the logic involved and the scope and intended impact of such processing on the data subject
In addition, the data subject has a right to access as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject shall have the right to obtain information regarding the appropriate guarantees in connection with the transfer.
If an interested party wishes to exercise this right to access, they may contact an employee of the controller at any time.
- c) Right to rectification
Any data subject has the right granted by the European directive and regulatory authority to demand the immediate rectification of inaccurate personal data concerning him/her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller at any time.
- d) Right to erasure (right to be forgotten)
Any data subject has the right conferred by the European directive and regulatory authority to require the controller to immediately erase their personal data, provided that one of the following reasons applies and to the extent that the processing is not required:
o The personal data has been collected or otherwise processed for purposes which are no longer necessary.
o The data subject revokes their consent on which the processing was based on Article 6 (1) (a) of the GDPR or Article 9 (2) (a) GDPR, and no other legal basis for the processing exists.
o The data subject submits an objection to the processing pursuant to Article 21 (1) GDPR, and there are no legitimate reasons for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
o The personal data was processed unlawfully.
o The erasure of personal data is required to fulfill a legal obligation under Union or national law to which the controller is subject.
o The personal data was collected in relation to information society services offered pursuant to Article 8 (1) GDPR.
If one of the reasons mentioned above is applicable and a data subject wishes to have personal data stored by the Klinik Dr. Funk erased, they may contact an employee of the controller at any time. The employee of Klinik Dr. Funk will arrange for the request for erasure to be fulfilled immediately.
If the personal data were made public by the Klinik Dr. Funk and if our company is responsible for the erasure of personal data according to Article 17 (1) GDPR, Klinik Dr. Funk shall take appropriate measures, including technical means, taking into account the available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested the erasure of all links to such personal data and copies or replications of such personal data, as far as the processing is not required. An employee of the Klinik Dr. Funk will initiate the required actions in individual cases.
- e) Right to restriction of processing
Any data subject has the right conferred by the European directive and regulatory authority to require the controller to restrict the data processing if one of the following conditions applies:
o The accuracy of the personal data is contested by the data subject for a period of time that enables the controller to verify the accuracy of the personal data.
o The processing is unlawful, the data subject refuses erasure of the personal data and instead requests the restriction of its use.
o The data controller no longer needs the personal data for processing purposes, but the data subject requires it to assert, exercise or defend their rights.
o The data subject has objected to the processing pursuant Article 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the abovementioned conditions applies and a data subject wishes to request the restriction of personal data stored by the Klinik Dr. Funk, they may at any time contact an employee of the controller. The employee of the Klinik Dr. Funk will initiate the restriction of the processing.
- f) Right of data portability
Any data subject has the right conferred by the European directive and regulatory authority to obtain the personal data concerning him/her provided to a controller by the data subject in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance by the controller to whom the personal data was provided, as long as that the processing is based on consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (1) (b) 2 (a) of the GDPR or a contract pursuant to Article 6 (1) (b) of the GDPR, and processing is done by means of automated processes, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability under Article 20 (1) of the GDPR, the data subject has the right to effect the transmission of the personal data directly from one controller to another, insofar as this is technically feasible and does not affect the rights and freedoms of others.
In order to assert the right of data portability, the data subject may contact an employee of the Klinik Dr. Funk at any time.
- g) Right to object
Any data subject has the right conferred by the European directive and regulatory authority to object to the processing of their personal data for reasons arising from their particular situation pursuant to Article 6 (1) (e) or f GDPR. This also applies to profiling based on these provisions.
The Klinik Dr. Funk will cease to process personal data in the event of an objection, unless we can prove imperative reasons for its processing that are worthy of protection and that outweigh the interests, rights, and freedoms of the data subject, or the processing serves the assertion, exercise or defense of legal claims.
If the Deutscher Massivholz- und Blockhausverband e.V. and Gütegemeinschaft Blockhausbau e.V. associations process personal data in order to send direct mail, the data subject shall have the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is associated with direct mail. If the data subject objects to the Klinik Dr. Funk processing their personal data for direct marketing purposes, the Klinik Dr. Funk will no longer process the personal data for such purposes.
In addition, the data subject has the right to object (for reasons that arise from their particular situation) to the processing of their personal data by the Klinik Dr. Funk for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) GDPR unless such processing is required to fulfill a task of public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the Klinik Dr. Funk or another employee. The data subject is also entitled to exercise their right of objection by means of automated procedures using technical specifications in the context of information society services use, notwithstanding Directive 2002/58/EC.
- h) Automated decisions on a case-by-case basis, including profiling
Any data subject has the right, as conferred by the European directive and regulatory authority not to be subject to a decision based solely on automated processing, including profiling, which would have a legal effect on him/her or, in a similar manner, significantly affects him/her; unless the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted by Union or Member State legislation to which the controller is subject and that legislation provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject; or (3) with the express consent of the data subject.
If the decision (1) is required for the conclusion or the fulfillment of a contract between the data subject and the controller or (2) takes place with the explicit consent of the data subject, the Klinik Dr. Funk will take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the controller, to express his/her own position and to challenge the decision.
If the data subject wishes to assert their rights with regards to automated decision-making, they can contact an employee of the controller at any time.
- i) Right to withdraw a consent with regard to data protection
Any data subject has the right conferred by the European directive and regulatory authority, to withdraw their consent to the processing of their personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they may contact an employee of the controller at any time.
8. Data protection for applications and the application process
The controller collects and processes the personal data of applicants for the purpose of handling application processes. The processing can also be done electronically. This applies in particular if an applicant submits corresponding application documents to the controller by electronic means, for example, by email or through a web form available on the website. If the controller concludes a contract of employment with an applicant, the transmitted data will be stored for the purposes of the employment relationship in accordance with the law. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically erased two months after the announcement of the decision to decline the application, unless such erasure is in conflict with other legitimate interests of the controller. Other legitimate interest in this sense are, for example, a burden of proof in a procedure under the German General Equal Treatment Act (Gleichbehandlungsgesetz).
This website uses the web analysis service of intelliAd Media GmbH, Sendlinger Str. 7, 80331 Munich. Anonymized usage data is recorded and aggregated in order to design and optimize this website and to create usage profiles from such data. The use of intelliAd tracking involves the local storage of cookies. The anonymized usage data and profiles can be used by the website operator and by other intelliAd customers to identify user interests, without allowing any direct indication of your identity as a website visitor. You have the right to object to the storage of your (anonymized) usage data for the future. Use the intelliAd opt-out function for this purpose.
The controller has integrated components of the Facebook company on this website. Facebook is a social network.
A social network is a social meeting point operated on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for sharing opinions and experiences or can enable the Internet community to provide personal or company-related information. Among other things, Facebook enables social network users to create private profiles, upload photos and create networks through friend requests.
The operating company for Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. The personal data controller for data subjects living outside the U.S. or Canada is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland.
Upon every visit to any of this website's individual pages operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the data subject's information technology system will automatically be prompted to download a version of the Facebook component through the respective Facebook component. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=en_US. As part of this technical process, Facebook receives information regarding which specific subpages on our website the data subject has visited.
If the data subject is simultaneously logged in to Facebook, Facebook recognizes which specific subpages on our website the data subject visits with every visit to our website and throughout the entire duration of stay on our website. Such information is collected through the Facebook component and assigned to the respective data subject's Facebook account. If the data subject clicks one of the Facebook buttons integrated on our website, such as the "Like" button, or if the data subject leaves a comment, Facebook assigns such information to the data subject's personal Facebook user account and stores such personal data.
Via the Facebook component, Facebook always receives information that the data subject visited our website if the data subject is simultaneously logged into Facebook at the time of visiting the website. This occurs regardless of whether or not the data subject clicks on the Facebook component. Should the data subject not want such transmission of such information to Facebook, the data subject can prevent this transmission by logging out of their Facebook account before visiting our website.
The data policy published by Facebook, which is available at
https://de-de.facebook.com/about/privacy/, provides information regarding the collection, processing and use of personal data by Facebook. It further explains which setting options Facebook offers to protect data subjects' privacy. In addition, various applications are available that enable the suppression of data transfer to Facebook. Data subjects can use such applications to suppress data transfers to Facebook.
The controller has integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to run advertisements both on Google search engine results and in the Google advertising network. Google AdWords allows an advertiser to preset keywords that will display an advertisement on Google's search engine results only when the search engine retrieves a search result related to the keyword. In the Google advertising network, advertisements are distributed on thematically relevant websites using an automated algorithm and according to pre-defined keywords.
The operating company for Google AdWords services is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
We use Google AdWords for the purpose of promoting our website by displaying interest-based advertising on third-party websites and in Google's search engine results and by displaying external advertisements on our website.
If a data subject reaches our website via a Google ad, Google will deposit a so-called "conversion cookie" on the data subject's information technology system. A clarification of what cookies are has been provided above. A conversion cookie expires after thirty days and is not used to identify the data subject. Prior to its expiration, the conversion cookie is used to trace whether certain subpages, such as an online shop system shopping cart, were accessed through our website. A conversion cookie allows both Google and us to understand whether a data subject visiting our website via an AdWords advertisement has generated revenue; that is, whether a data subject has completed or canceled a purchase.
Google uses the data and information collected through the conversion cookie to create visit statistics for our website. We then use such visit statistics to determine the total number of users sent to us through AdWords ads, in order to determine the success or failure of each AdWords ad and to optimize our AdWords ads for the future. Neither our company nor any other Google AdWords advertisers receive any information from Google through which the data subject could be identified.
The conversion cookie stores personal information, such as the websites visited by the data subject. With each visit to our website, personal information, including the IP address of the Internet connection used by the data subject, will be transferred to Google in the United States of America. Google stores this personal information in the United States of America. In some circumstances, Google may transfer personal data collected through the technical process to third parties.
The data subject can prevent the setting of cookies at any time through our website, as shown above, by changing the corresponding setting for the Internet browser used and can thereby permanently object to the setting of cookies. This Internet browser setting would also prevent Google from setting a conversion cookie on the data subject's information technology system. Additionally, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject can object to Google's interest-based advertising. To do this, the data subject must access the following link https://www.google.com/settings/ads from each of the Internet browsers they use and activate the desired settings there.
12. Privacy provisions regarding the use of Google Analytics (with anonymization function)
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analysis is the collection, storage and analysis of data about the behavior of visitors to websites. A web analysis service collects data concerning from which website a data subject came to another website (referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed, for example. A web analysis is mainly used to optimize a website and perform a cost-benefit analysis of Internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the addition "_gat._anonymizeIp" for web analyses using Google Analytics. By means of this addendum, the IP address of the data subject's Internet connection will be shortened and anonymized by Google if our website is accessed from within a Member State of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze visitor flows on our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, compile online reports on our behalf showing the activities on our websites and to provide other services related to the use of our website.
Google Analytics installs a cookie on the data subject's IT system. Cookies were already defined above. Use of such cookie enables Google to analyze the usage of our website. Upon each access of one of the pages of this website operated by the controller and which contains a Google Analytics component, the Internet browser of the data subject's IT system is automatically prompted by the respective Google Analytics component to submit data to Google for online analysis purposes. As part of this technical process, Google will receive personal data, such as the IP address of the data subject, which allows Google to track the origin of the visitors and clicks, for example, and subsequently make commission settlements possible.
The cookie stores personally identifiable information, such as access time, access location, and the frequency of site visits by the data subject. Personal data, including the data subject's Internet connection IP address, is transferred to Google in the United States of America for each visit to our webpages. This personal information is stored by Google in the United States of America. Google may transfer such personal data collected through the technical process to third parties.
The data subject can prevent the installation of cookies by our website, as explained above, at any time by means of a corresponding setting of the Internet browser used, and thus permanently refuse the installation of cookies. Such a setting of the Internet browser used would also prevent Google from installing a cookie on the data subject's IT system. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
13. Legal basis of processing
Our company relies on Article 6 (1) a GDPR as the legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfill a contract of which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or compensation, processing shall be based on Article 6 (1) b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Article 6 (1) c GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance or other vital information would have to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Article 6 (1) d GDPR. Finally, processing operations may be based on Article 6 (1) f GDPR when they are not covered by any of the above legal bases, in cases where processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the data subject prevail. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. In this respect, the European legislator has taken the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2, GDPR).
14. Legitimate interests in the processing being pursued by the controller or a third party
If the processing of personal data is based on Article 6 (1) f GDPR, our legitimate interest is the conducting of our business for the benefit of all our employees and our shareholders.
15. Duration of personal data storage
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely erased, if it is no longer required to fulfill the contract or to initiate a contract.
This website uses Google Inc.'s Google Maps product. By using this website, you consent to the collection, processing and use of the automated data collected by Google Inc, its agents and third parties.
This website contains plugins from YouTube, which belongs to Google Inc., which is based in San Bruno / California, USA. Once you visit a page on our website embedded with a YouTube plug-in, a connection to YouTube's servers will be established. In the process, this server will receive information on the specific page you visited from our website. If you have a YouTube account and are logged in to it, you also allow YouTube to assign your access behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
For more information about the collection and use of your data through YouTube, please visit their website or find it here: https://policies.google.com/privacy?hl=en&gl=de.
18. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We inform you that the provision of personal information is in part required by law (such as tax regulations) or may result from contractual arrangements (such as information regarding the contract partner). Occasionally it may be necessary for a contract to be concluded, according to which a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal data when our company enters into a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Prior to any personal data being provided by the data subject, the data subject must contact one of our employees. Our employee will inform the individual on a case-by-case basis as to whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
19. Existence of automated decision-making
As a responsible company, we refrain from automatic decision-making or profiling.
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