Data protection

Introduction
Thank you for your interest in the gynaecological practice of Dr med. habil. J. Rehbock. Data protection is extremely important to us.


When you use our website, you consent to the collection, processing and use of data as per the following explanation.


Our website can be used without registration or entry of any personal data. If someone wishes to take advantage of special services offered by our company on our website, it might become necessary to process personal data. If such processing of personal data is required and there is no legal basis for it, we generally obtain the consent of the data subject. Data such as accessed pages, the names of accessed files or the time and date of a visit are stored on the server for statistical purposes without any reference to your identity.


Whenever any personal data is processed, such as the name, address, email address or telephone number of a data subject, it is processed in compliance with the European General Data Protection Regulation (GDPR) and the national data protection laws that apply to the gynaecological practice Dr med. habil. J. Rehbock. The company provides this privacy policy in order to inform the public about the type, scope and purpose of all collected, used and processed personal data. The privacy policy also informs affected individuals about their rights. As the responsible data controller, the gynaecological practice Dr med. habil. J. Rehbock has implemented a wide range of technical and organisational measures to ensure the comprehensive protection of all data processed by this website. Nonetheless, online-based data transfers can be affected by security holes and we cannot guarantee complete protection.


All persons concerned are free to submit their personal data to us through alternative channels; e.g. by phone.


Definitions and functions of the website
1. Definitions
The privacy policy of the gynaecological practice of Dr med. habil. J. Rehbock is based on the terms used by the European legislative and regulatory authority in the General Data Protection Regulation (GDPR). We want our privacy policy to be easy to read and comprehensible to the general public, our customers and our business partners. To ensure this, we would like to define the terminology.


This privacy policy refers to the following terms:

1.1 Personal data
Personal data means 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.


1.2 Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the responsible data processor.


1.3 Processing
Processing means any operation or set of operations that is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.


1.4 Restriction of processing
Restriction of processing refers to the marking of stored personal data with the aim of limiting its future processing.


1.5 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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.


1.6 Pseudonymisation
Pseudonymisation 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 organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.


1.7 Controller
Controller refers to the natural or legal person, public authority, agency or other body that alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing is determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for under Union or Member State law.


1.8 Processor
Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.


1.9 Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities that may receive personal data in connection with a particular enquiry under Union or Member State law are not regarded as recipients.


1.10 Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons that under the direct authority of the controller or processor is authorised to process personal data.


1.11 Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of their personal data.

2. Name and address of the controller


2.1 The controller as per the GPDR, other privacy laws that apply within the member states of the European Union and other related regulations is:


Gynäkologiepraxis PD Dr. med. habil. J. Rehbock
Bundesplatz 4
CH-6300 Zug


Tel 041 711 20 38&

Fax 041 711 20 39
frauenarzt-rehbock@hin.ch

3. Collection of general data and information
The website of the gynaecological practice Dr med. habil. J. Rehbock collects a variety of general data and information whenever a data subject or an automatic system accesses the website. This general data and information is stored in the log files of the server. It may include (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 (referrers), (4) the sub-websites, (5) the date and time of access to the internet site, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.


With use of this general data and information, the gynaecological practice of Dr med. habil. J. Rehbock does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website and its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. The gynaecological practice of Dr med. habil. J. Rehbock analyses anonymously collected data and information statistically with the aim of increasing the data protection and data security of the company and to ensure an optimal level of protection for the personal data processed. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

4. Contact through the website
The website of the gynaecological practice of Dr med. habil. J. Rehbock contains information that facilitates quick electronic contact with our company and direct communication with us, which also includes a general email address. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. The personal data is not disclosed to third parties.

5. Routine erasure and blocking of personal data
The data controller processes and stores the 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 is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.

6. Rights of the data subject

6.1 Right of confirmation
Each data subject has the right granted by the European legislator to obtain from the data controller the confirmation as to whether or not their personal data is being processed.
If a data subject wishes to make use of this right of confirmation, they may at any time contact the controller as specified in 2.1 or any employee of the controller.

6.2 Right of access
Each data subject has the right granted by the European legislator to obtain from the controller free information about their personal data stored at any time and a copy of this information.


The European directives and regulations further grant the data subject access to the following information:


  • the purposes of the processing
  • the categories of personal data concerned
  • the recipients or categories of recipients to which the personal data has been or will be disclosed; in particular, recipients in third countries or international organisations
  • 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 data 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 is not collected from the data subject:

  • all available information as to its source,
  • the existence of automated decision making, including profiling, referred to in Art. 22 paras. 1 and 4 GDPR, and at least in those cases meaningful information about the logic involved,
  • and the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject has a right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to make use of this right of access, they may at any time contact the controller or an employee.


6.3 Right to rectification
Each data subject has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data. Taking into account the purposes of the processing, the data subject has 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, they may at any time contact the controller as specified in 2.1 or any employee of the controller.


6.4 Right to erasure (right to be forgotten)

Each data subject has the right granted by the European legislator to obtain from the controller the erasure of their personal data without undue delay, and the controller has 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 is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to Art. 6 para. 1a GDPR or Art. 9 para. 2a GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
  • The personal data has been unlawfully processed.
  • 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 has been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.


If one of the above-mentioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the gynaecological practice of Dr med. habil. J. Rehbock, they may at any time contact the controller (cf. 2.1) or any employee of the controller. The contacted party must ensure promptly that the erasure request is complied with immediately.


Where the controller has made personal data public and is obliged pursuant to Art. 17 para. 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required.


Right of restriction of processing

Each data subject has the right granted by the European legislator 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 instead a restriction of use.
  • The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Art. 21 para. 1 GDPR pending verification of whether the legitimate grounds of the controller override those of the data subject.


If one of the above-mentioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by us, they may at any time contact the controller (cf. 2.1) or any employee of the controller. The contacted party will arrange the restriction of the processing.


6.6 Right to data portability
Each data subject has the right granted by the European legislator, to receive their personal data, which was provided to a controller, in a structured, commonly used and machine-readable format. They have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, as long as the processing is based on consent pursuant to point (a) of Art. 6 para. 1a GDPR or Art. 9 para. 2a GDPR, or on a contract pursuant to Art. 6 para. 1b GDPR, and the processing is carried out by automated means, as long as the processing is not 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 pursuant to Art. 20 para. 1 GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and where doing so does not adversely affect the rights and freedoms of others.


In order to assert the right to data portability, the data subject may at any time contact the controller (cf. 2.1) or any employee of our company.


6.7 Right to object
Each data subject has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time, to processing of their personal data, based on Art. 6 para. 1 e, f GDPR. This also applies to profiling based on these provisions.


The gynaecological practice of Dr med. habil. J. Rehbock will no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the gynaecological practice of Dr med. habil. J. Rehbock processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of their personal data for such marketing.


This applies to profiling to the extent that it is related to such direct marketing.


If the data subject objects to the gynaecological practice of Dr med. habil. J. Rehbock’s processing for direct marketing purposes, the gynaecological practice of Dr med. habil. J. Rehbock will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of their personal data by the gynaecological practice of Dr med. habil. J. Rehbock for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 para. 1 GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.


In order to exercise the right to object, the data subject may at any time contact the controller (cf. 2.1) or any employee of our company.


In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.


6.8 Automated individual decision making, including profiling
Each data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them, or similarly significantly affects them, as long as the decision


(1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or


(2) is not authorised by Union or Member State law to which the controller 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 decision


(1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or


(2) is based on the data subject’s explicit consent,


gynaecological practice of Dr med. habil. J. Rehbock will 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 the controller, to express their point of view and contest the decision.


If the data subject wishes to exercise the rights concerning automated individual decision-making, they may at any time contact the controller (cf. 2.1) or an employee of the controller.

6.9 Right to withdraw data protection consent
Each data subject has the right granted by the European legislator to withdraw their consent to processing of their personal data at any time.


If the data subject wishes to exercise the right to withdraw the consent, they may at any time contact the controller (cf. 2.1) or an employee of the controller.

7. Data protection provision about applications and in the application process/tool

The data controller collects and processes the personal data of applicants in order to enable the application process/use of the tool. This processing may also be carried out electronically. This applies particularly in cases where an applicant submits their application documents to the data controller electronically; e.g. through an online form on the website. If the data controller enters into an employment contract with an applicant, the transmitted data will be stored within the scope of the law in order to implement the employment relationship. If the data controller does not enter into an employment contract with the applicant, the application documents of the latter will be deleted two months after they have been informed of the rejection, provided that the data controller has no other legitimate interests in the data. In this context, ‘other legitimate interest’ can include a burden of proof in a process/tool under the General Act on Equal Treatment (AGG).

8. Legal basis for the processing

Art. 6 para. 1a GDPR serves as the legal basis for processing operations for which the gynaecological practice of Dr med. habil. J. Rehbock obtains consent for a specific processing purpose. If processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Art. 6 para. 1b GDPR. The same applies to such processing operations necessary for carrying out pre-contractual measures; for example, in the case of enquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6 para. 1c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then, the processing would be based on Art. 6 para. 1d GDPR. Finally, processing operations could be based on Art. 6 para. 1f GDPR. This legal basis is used for processing operations that are not covered by any of the above-mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests

or fundamental rights and freedoms of the data subject that require protection of personal data. Such processing operations are permissible in particular because they have been specifically mentioned by the European legislator. The legislator stipulated that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 sentence 2 GDPR).

9. Legitimate interests pursued by the controller or a third party

Where the processing of personal data is based on Art. 6 para. 1f GDPR, our legitimate interest is to carry out our business in favour of the well being of all our employees and shareholders.

10. Duration of storage of personal data

The criterion used to determine the duration of storage of personal data (if carried out as per the preceding chapters) is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

11. Provision of personal data as a statutory or contractual requirements; requirement for entering into a contractual relationship; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is required partly by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner).


For the conclusion of a contract, it may sometimes be necessary for the data subject to provide us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data on signature of a contract with our company. Failure to provide this personal data would mean that the contract with the data subject could not be concluded.


Before personal data is provided by the data subject, the data subject must contact our data protection officer. The data protection officer then clarifies to 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 the consequences of non-provision of the personal data.


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