Privacy Policy
This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”). With regard to the terms used, such as “processing” or “controller,” we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Controller
Health Study Club GmbH
Allee am Röthelheimpark 11-15
91052 Erlangen
Germany
Tel:
Email: info@healthstudyclub.de
Website: www.healthstudyclub.de
Managing Director: Rainer Hainzlmaier
Amtsgericht Fürth
HRB 20238
Tax number: 216/128/21272
VAT ID number in accordance with §27a of the German VAT Act: DE360615879
DUNS number: 344525036
Legal notice: https://www.healthstudyclub.de/impressum/
External data protection officer
Datenschutzdoktor Rechtsanwaltsgesellschaft mbH
Dr. Matthias Müller
Arndtstraße 4
90419 Nuremberg
Tel.: +49 911- 133499 21
Email: info@datenschutzdoktor.de
Website: datenschutzdoktor.de
Types of data processed:
- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, phone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offering (hereinafter, we also refer to the data subjects collectively as “users”).
Purpose of processing
- Provision of the online offering, its functions, and content.
- Responding to contact requests and communicating with users.
- Security measures.
- Reach measurement/marketing
Terms used
“Personal data” is any information relating to an identified or identifiable natural person (hereinafter referred to as “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 (e.g., a cookie) or to one or more factors specific, or intended to be specific, to his physical, physiological, genetic, mental, economic, cultural, or social identity.
“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and covers virtually all handling of data.
“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 using additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of such 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.
“Controller” means 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.
“Processor” means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
Relevant legal basis
In accordance with Art. 13 GDPR, we hereby inform you of the legal basis for our data processing. If the legal basis is not specified in the privacy policy, the following applies:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the fulfillment of our services and the implementation of contractual measures as well as for responding to inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing for the fulfillment of our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
Security measures
In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, context and purposes of processing as well as the likelihood and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access to, input, transfer, security of availability, and separation of the data. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted, and responses are made to threats to data. Furthermore, we take the protection of personal data into account during the development or selection of hardware, software, and procedures, in accordance with the principle of data protection by design and by default (Art. 25 GDPR).
Cooperation with processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (contract processors or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the fulfillment of the contract in accordance with Art. 6 para. 1 lit. b GDPR) you have given your consent, a legal obligation provides for this, or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “order processing contract,” this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or the disclosure or transfer of data to third parties, this will only take place if it is necessary for the fulfillment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level equivalent to that of the EU (e.g., for the US through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether data concerning you is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request that the processing of the data be restricted.
You have the right to request that the data concerning you that you have provided to us be transferred to another controller in accordance with Art. 20 GDPR.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.
Right of withdrawal
You have the right to withdraw your consent in accordance with Art. 7 (3) GDPR with effect for the future.
Right to object
You may object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may be made in particular against processing for direct marketing purposes.
Cookies and right to object to direct marketing
Cookies are small files that are stored on users' computers. Various types of information can be stored in cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent.” This allows, for example, the login status to be stored when users visit the site after several days. Such cookies can also store the interests of users, which are used for reach measurement or marketing purposes. Cookies that are offered by providers other than the controller operating the online service are referred to as “third-party cookies” (otherwise, if they are only the controller's cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser settings. Stored cookies can be deleted in the browser settings. The exclusion of cookies may lead to functional restrictions of this online offer.
A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by deactivating them in your browser settings. Please note that in this case you may not be able to use all the functions of this online offer.
Deletion of data
The data we process will be deleted or restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal obligations to retain it. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
In accordance with legal requirements in Germany, data is stored for 10 years in particular in accordance with Sections 147 (1) AO, 257 (1) No. 1 and 4, (4) HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 (1) No. 2 and 3, (4) HGB (commercial letters). etc.) and for 6 years in accordance with Section 257 (1) No. 2 and 3, (4) HGB (commercial letters).
In accordance with legal requirements in Austria, records must be retained for 7 years in particular in accordance with Section 132 (1) BAO (accounting documents, receipts/invoices, accounts, vouchers, business documents, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-business customers in EU member states and for which the Mini One Stop Shop (MOSS) is used.
Business-related processing
In addition, we process
- Contract data (e.g., subject matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, interested parties, and business partners for the purpose of providing contractual services, customer service, marketing, advertising, and market research.
Agency services
We process our customers' data within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services, and training services.
In doing so, we process inventory data (e.g., customer master data such as names or addresses), contact data (e.g., email, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., in the context of evaluating and measuring the success of marketing measures). We do not process special categories of personal data as a matter of principle, unless they are part of commissioned processing. The data subjects include our customers, interested parties, and their customers, users, website visitors, or employees, as well as third parties. The purpose of processing is to provide contractual services, billing, and our customer service. The legal basis for processing is Art. 6 (1) (b) GDPR (contractual services), Art. 6 (1) (f) GDPR (analysis, statistics, optimization, security measures). We process data that is necessary for the establishment and fulfillment of contractual services and point out the necessity of providing this data. Disclosure to external parties only takes place if it is necessary within the scope of an order. When processing data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than those specified in the order.
We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the data is deleted after their expiry (6 years in accordance with Section 257 (1) of the German Commercial Code (HGB), 10 years in accordance with Section 147 (1) of the German Fiscal Code (AO)).In the case of data disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.
Administration, financial accounting, office organization, contact management
We process data within the scope of administrative tasks and the organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The basis for processing is Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, and archiving of data, i.e., tasks that serve to maintain our business activities, perform our duties, and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information specified for these processing activities.
In doing so, we disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee collection agencies and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, event organizers, and other business partners, e.g., for the purpose of contacting them at a later date. We store this data, most of which is company-related, permanently.
Business analyses and market research
In order to operate our business economically and to be able to identify market trends and the wishes of our contractual partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, and metadata on the basis of Art. 6 (1) lit. f. GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors, and users of our online offering.
The analyses are carried out for the purposes of business evaluation, marketing, and market research. In doing so, we may take into account the profiles of registered users with information such as the services they have used. The analyses serve to increase user-friendliness, optimize our offering, and improve business efficiency. The analyses are for our use only and are not disclosed externally, unless required by law
If these analyses or profiles are personal, they will be deleted or anonymized upon termination of the user's account, otherwise after two years from the conclusion of the contract. In all other respects, overall business analyses and general trend determinations are carried out anonymously wherever possible.
Data protection information in the application process
We process applicant data only for the purpose and within the scope of the application process in accordance with the statutory provisions. The processing of applicant data is carried out to fulfill our (pre)contractual obligations within the scope of the application process within the meaning of Art. 6 (1) lit. b. GDPR Art. 6 (1) lit. f. GDPR if data processing becomes necessary for us, e.g. in the context of legal proceedings (in Germany, § 26 BDSG applies in addition).
The application process requires applicants to provide us with their application data. The necessary application data is marked if we offer an online form, otherwise it can be found in the job descriptions and generally includes personal details, postal and contact addresses, and the documents required for the application, such as a cover letter, resume, and references. Applicants may also provide us with additional information on a voluntary basis.
By submitting their application to us, applicants consent to the processing of their data for the purposes of the application process in accordance with the type and scope set out in this privacy policy.
If special categories of personal data within the meaning of Art. 9 (1) GDPR are voluntarily provided during the application process, they will also be processed in accordance with Art. 9 (2) lit. b GDPR (e.g., health data, such as severe disability or ethnic origin). If special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants during the application process, they will also be processed in accordance with Art. 9 (2) lit. a GDPR (e.g., health data if this is necessary for the performance of the job).
If provided, applicants can submit their applications to us using an online form on our website. The data will be transmitted to us in encrypted form in accordance with the state of the art.
Applicants can also send us their applications by email. However, please note that emails are generally not sent in encrypted form and that applicants are responsible for ensuring encryption themselves. We therefore cannot accept any responsibility for the transmission of the application between the sender and our server and therefore recommend using an online form or postal mail. Instead of applying via the online form and email, applicants still have the option of sending us their application by post.
The data provided by applicants may be further processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a job vacancy is not successful, the applicant's data will be deleted. The applicant's data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified revocation by the applicant, the data will be deleted after a period of six months so that we can answer any follow-up questions regarding the application and fulfill our obligations under the Equal Treatment Act. Invoices for any travel expenses will be archived in accordance with tax regulations.
Contact
When you contact us (e.g., via the contact form, email, telephone, or social media), the user's details will be processed for the purpose of processing the contact request and its handling in accordance with Art. 6 (1) lit. b) GDPR. User details may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization system.
We delete the requests if they are no longer necessary. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
Newsletter
The following information provides you with details about the content of our newsletter, the registration and dispatch process, statistical analysis, and your right to object. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Content of the newsletter: We send newsletters, emails, and other electronic notifications with promotional information (hereinafter referred to as “newsletters”) only with the consent of the recipient or with legal permission. If the content of the newsletter is specifically described during the registration process, it is decisive for the consent of the user. Our newsletters also contain information about our services and about us.
Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary to prevent anyone from registering with someone else's email address. Registrations for the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Any changes to your data stored by the mailing service provider are also logged.
Registration data: To subscribe to the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name so that we can address you personally in the newsletter.
The newsletter is sent and its success measured on the basis of the recipient's consent in accordance with Art. 6 (1) lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 no. 3 UWG (German Unfair Competition Act) or, if consent is not required, on the basis of our legitimate interests in direct marketing pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with § 7 para. 3 UWG.
The registration process is logged on the basis of our legitimate interests pursuant to Art. 6 (1) lit. f GDPR. Our interest is in using a user-friendly and secure newsletter system that serves our business interests, meets the expectations of users, and also allows us to prove consent.
Cancellation/revocation – You can cancel your subscription to our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed email addresses for up to three years based on our legitimate interests before deleting them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.
Newsletter – CleverReach
The newsletter is sent via the mailing service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, Germany. The mailing service provider's privacy policy can be viewed here: https://www.cleverreach.com/de/datenschutz/. The mailing service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR and a processing agreement pursuant to Art. 28 para. 3 sentence 1 GDPR.
The shipping service provider may use the recipient's data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. for technical optimization of the shipping and presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
Hosting and email dispatch
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services, and technical maintenance services that we use for the purpose of operating this online offering.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties, and visitors to this online offering on the basis of our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
Collection of access data and log files
We, or our hosting provider, collect data about every access to the server on which this service is located on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR (so-called server log files). The access data includes the name of the website accessed, the file accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address, and the requesting provider.
Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum period of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.
PostHog
We use PostHog, a web analytics service, on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR). PostHog uses cookies. The information generated by the cookie about the use of the online offer by the users is transmitted to a server of HSC located in Germany and stored there.
We use a hosted service from:
PostHog Inc.
2261 Market Street #4008
San Francisco, CA 94114
United States
The data is processed and stored on PostHog servers in Frankfurt, Germany. For more information, please refer to PostHog's privacy policy at: https://posthog.com/privacy/.
PostHog is used to evaluate the use of our online offering by users, to compile reports on activities within this online offering, and to provide us with further services related to the use of this online offering and the Internet. Pseudonymous user profiles may be created from the processed data.
We only use PostHog with IP anonymization enabled. This means that the IP address of users is shortened by PostHog within member states of the European Union or in other signatory states to the Agreement on the European Economic Area.
Users can prevent the storage of cookies by adjusting their browser software settings accordingly; users can also deactivate the collection of data generated by the cookie and related to their use of the online offer via the so-called “cookie consent display,” which appears when the website is first opened and can also be changed later by clicking on the corresponding configuration button.
Further information on data use by PostHog, settings and objection options can be found in PostHog's privacy policy (https://posthog.com/privacy/).
Users' personal data will be deleted or anonymized after 14 months.
Online presence on social media
We maintain an online presence on social networks and platforms in order to communicate with customers, interested parties, and users who are active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise specified in our privacy policy, we process the data of users who communicate with us within social networks and platforms, e.g., by posting on our online presences or sending us messages.
Integration of third-party services and content
Within our online offering, we use third-party content, services, and services (hereinafter referred to as “content”) on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR) content or services from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter referred to uniformly as “content”).
This always requires that the third-party providers of this content perceive the IP address of the users, as they would not be able to send the content to their browsers without the IP address. The IP address is therefore necessary for the display of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include technical information about the browser and operating system, referring websites, visit time, and other information about the use of our online offering, and may be linked to such information from other sources.
YouTube
We embed videos from the YouTube platform provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google ReCaptcha
We integrate the function for detecting bots, e.g. when entering data in online forms (“ReCaptcha”) from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Within our online offering, functions and content of the Twitter service, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, may be integrated. This may include content such as images, videos, or text and buttons that allow users to share content from this online offering within Twitter.
If users are members of the Twitter platform, Twitter can assign the access to the above-mentioned content and functions to the users' profiles there. Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Privacy policy: https://twitter.com/de/privacy, opt-out: https://twitter.com/personalization.
Google Maps
We integrate maps from the Google Maps service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, IP addresses and location data of users, but these are not collected without their consent (usually given in the settings of their mobile devices). The data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
As of: December 8, 2023
