Thank you very much for your interest in our company. The management of the GINKGO Practice for Acupuncture and Chinese Medicine attaches great importance to data protection. The GINKGO Practice for Acupuncture and Chinese Medicine web pages can be used without providing any personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The GINKGO Practice for Acupuncture and Chinese Medicine has implemented numerous technical and organizational measures to ensure the most complete possible protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, each person concerned is free to transmit personal data to us by alternative means, such as telephone.
1 Definitions of terms
We use the following terms in this data protection declaration:
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
(b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
(d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any 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 analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that such additional information is kept separately.
g) Controller or data controller
Controller or data controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or by the law of the Member States, provision may be made for the controller to be designated in accordance with Union law or the law of the Member States.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, are not considered to be recipients.
(j) Third parties
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
Consent is any freely given, informed and unequivocal expression of will by the data subject in a specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. Name and address of the controller
The person responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is
GINKGO Practice for Acupuncture and Chinese Medicine
alternative practitioner, graduate in business administration
Phone: +49 211 74951790
By using cookies, the GINKGO Practice for Acupuncture and Chinese Medicine can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.
4. Collection of general data and information
The website of the GINKGO Practice for Acupuncture and Chinese Medicine collects a series of general data and information each time the website is accessed by a data subject or automated system. This general data and information is stored in the server log files. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the internet page, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information which serve to prevent danger in case of attacks on our information technology systems.
When using this general data and information, the GINKGO Practice for Acupuncture and Chinese Medicine does not draw any conclusions about the person concerned. Rather, this information is required to (1) deliver the contents of our website correctly, (2) optimise the contents of our website and the advertising for it, (3) ensure the permanent functioning of our information technology systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated statistically by the GINKGO Practice for Acupuncture and Chinese Medicine on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. Routine deletion and blocking of personal data
The data controller processes and stores personal data of the data subject only for the time necessary to achieve the purpose of storage or if provided for by the European Directives and Regulations or by any other law or regulation to which the data controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
6. rights of the data subject
(a) Right to confirmation
Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of access
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the data controller information on the personal data stored about him or her and a copy of this information. In addition, the European Data Protection Supervisor has granted the data subject access to the following information:
◦ the purposes of processing
◦ the categories of personal data processed
◦ the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular to recipients in third countries or international organisations
◦ if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
◦ the existence of a right of rectification or erasure of personal data concerning him or her or of a right of opposition to or limitation of the processing carried out by the controller
◦ the existence of a right of appeal to a supervisory authority
◦ if the personal data is not collected from the data subject: all available information on the origin of the data
◦ the existence of automated decision-making, including profiling in accordance with Article 22 (1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
To exercise this right of access, the data subject may at any time contact a member of the controller’s staff.
c) Right of rectification
Any person affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of incorrect personal data concerning him. The data subject also has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and where the processing is not necessary:
◦ The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
◦ The data subject withdraws the consent on which the processing was based in accordance with Article 6 paragraph 1 letter a of the DPA or Article 9 paragraph 2 letter a of the DPA, and there is no other legal basis for the processing.
◦ The data subject lodges an objection to the processing pursuant to Art. 21 Paragraph 1 DS-GVO and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Art. 21 Paragraph 2 DS-GVO.
◦ The personal data were processed unlawfully.
◦ The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
◦ The personal data has been collected in relation to information society services offered, in accordance with art. 8, paragraph 1 of the DS-GVO.
If any of the above reasons apply and a data subject wishes to request the deletion of personal data held by the GINKGO Practice for Acupuncture and Chinese Medicine, he/she may at any time contact an employee of the data controller. The employee of the GINKGO Clinic for Acupuncture and Chinese Medicine will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by the GINKGO Clinic for Acupuncture and Chinese Medicine and our company, as the data controller, is responsible for the processing of the data in accordance with art. 17, par. 1 DS-GVO, the GINKGO Practice for Acupuncture and Chinese Medicine will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to these personal data or copies or replications of these personal data, unless the processing is necessary. The staff of the GINKGO Practice for Acupuncture and Chinese Medicine will make the necessary arrangements in each individual case.
e) Right to limit processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:
◦ the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data
◦ The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
◦ The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
◦ The data subject has lodged an objection to the processing in accordance with Art. 21 Paragraph 1 of the DS-GVO and it is not yet clear whether the justified reasons of the controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by the GINKGO Practice for Acupuncture and Chinese Medicine, he/she may at any time contact an employee of the data controller. The employee of the GINKGO Clinic for Acupuncture and Chinese Medicine will arrange for the processing to be restricted.
f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her, which have been provided by the data subject to a data controller, in a structured, common and machine-readable format. He/she also has the right to have these data communicated to another controller without hindrance by the controller to whom the personal data have been made available, provided that the processing is based on the consent pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA or on a contract pursuant to Article 6(1)(b) of the DPA, and provided that the processing is carried out by means of automated procedures, 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.
In addition, when exercising their right to data transfer in accordance with Article 20 paragraph 1 of the DPA, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to transfer data, the person concerned can contact an employee of the GINKGO Practice for Acupuncture and Chinese Medicine at any time.
g) Right of opposition
Every person concerned by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, the GINKGO Practice for Acupuncture and Chinese Medicine will no longer process the personal data, unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh the interests, rights and freedoms of the data subject, or unless the processing serves to assert, exercise or defend legal claims.
If the GINKGO Practice for Acupuncture and Chinese Medicine processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to the GINKGO Practice for Acupuncture and Chinese Medicine processing for direct marketing purposes, the GINKGO Practice for Acupuncture and Chinese Medicine will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out at the GINKGO Practice for Acupuncture and Chinese Medicine for the purposes of scientific or historical research or for statistical purposes in accordance with Article 89, paragraph 1 of the DPA, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right of objection, the data subject may contact directly any employee of the GINKGO Practice for Acupuncture and Chinese Medicine or any other employee. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
Where the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is taken with the express consent of the data subject, the GINKGO Practice of Acupuncture and Chinese Medicine shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person from the data controller, to put forward his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of the controller’s staff.
(i) Right to withdraw data protection consent
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation Giver to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact a member of staff of the controller.
7) Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. 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 to our company were to be injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (Recital 47 Sentence 2 DS-GVO).
8) legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
9) the duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of a contract.
10) legal or contractual provisions on 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 not providing the data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
11) existence of automated decision making
As a responsible company, we avoid automatic decision making or profiling.
12) external content and/or processing of data outside the EU
On our website we use active Java-Script content from external providers. By calling up our website, these external providers may receive personal information about your visit to our website. It is possible for data to be processed outside the EU. You can prevent this by installing a Java-Script blocker such as the browser plugin ‘NoScript’ (www.noscript.net) or by deactivating Java-Script in your browser. This can lead to functional restrictions on the websites you visit.
We use in detail:
This data protection declaration was created and subsequently expanded by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Cologne, in cooperation with the Cologne lawyer for data protection law Christian Solmecke