Privacy policy
The responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is
Wäfler Diagnostics AG
Markus Wäfler
Breitenstrasse 17
6047 Kastanienbaum
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, telephone 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 offer (hereinafter we refer to the data subjects collectively as “users”).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing
Terms used
“Personal data” means 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 to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“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. The term is broad and covers virtually all data handling.
‘Pseudonymisation’ 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“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.
The “controller” is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis for our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well as to answer inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
Security measures
In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.
These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as the access, input, and transfer of data, ensuring its availability, and segregation. Furthermore, we have established procedures that ensure the exercise of data subjects’ rights, the deletion of data, and response to data threats. Furthermore, we consider the protection of personal data right from the development and selection of hardware, software, and processes, in accordance with the principle of data protection by design and through data protection-friendly default settings (Article 25 GDPR).
Cooperation with processors and third parties
If, as part of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfil the contract in accordance with Art. 6 (1) (b) GDPR), you have consented, 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 agreement”, 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 as part of the use of third-party services or the disclosure or transmission of data to third parties, this will only occur if it is necessary to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or have data processed in a third country if the special requirements of Art. 44 et seq. 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 USA 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 the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
According to Art. 16 GDPR, you have the right to request that the data concerning you be completed or that inaccurate data concerning you be corrected.
In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.
You have the right to request that we receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
Furthermore, pursuant to Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke consent given in accordance with Art. 7 (3) GDPR with effect for the future
Right of objection
You may object to the future processing of your data at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.
Cookies and right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Different types of information can be stored within cookies. A cookie is primarily used to save information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online service 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. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if the user visits the website several days later. Likewise, the interests of the user can be saved in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and explain this in our privacy policy.
If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies may result in functional limitations of this online service.
A general objection to the use of cookies used for online marketing purposes can be declared for a variety 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, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.
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 statutory retention periods that prevent deletion. If the data is not deleted because it is required for other 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 law reasons.
According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Para. 1 AO, 257 Para. 1 Nos. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 Nos. 2 and 3, Para. 4 HGB (commercial letters).
According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.
Order processing in the online shop and customer account
We process our customers’ data as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as to pay for them and to deliver or execute them.
The data processed includes inventory data, communication data, contract data, and payment data. The data subjects include our customers, prospective customers, and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery, and customer services. We use session cookies to store the shopping cart contents and permanent cookies to store the login status.
Processing is based on Art. 6 (1) (b) (execution of order transactions) and (c) (legally required archiving) GDPR. The information marked as required is necessary to establish and fulfill the contract. We only disclose this data to third parties in the context of delivery, payment, or within the scope of legal permissions and obligations to legal advisors and authorities. Data will only be processed in third countries if this is necessary to fulfill the contract (e.g., at the customer’s request during delivery or payment).
Users can optionally create a user account, which allows them to view their orders, in particular. During registration, the required information is communicated to users. User accounts are not public and cannot be indexed by search engines. If users cancel their user account, their data will be deleted, unless retention is necessary for commercial or tax law reasons in accordance with Art. 6 (1) (c) GDPR. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation. It is the user’s responsibility to back up their data before the end of the contract if the contract is terminated.
During registration and subsequent registrations, as well as during use of our online services, we store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the user’s interest in protection against misuse and other unauthorized use. This data will generally not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR.
Deletion occurs after expiry of statutory warranty and similar obligations; the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiry (end of commercial (6 years) and tax (10 years) retention periods).
Health care services
We process the data of our patients, interested parties, and other clients or contractual partners (collectively referred to as “patients”) in accordance with Art. 6 (1) (b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed, the type, scope, purpose, and necessity of their processing are determined by the underlying contractual relationship. The data processed generally includes patient inventory and master data (e.g., name, address, etc.), as well as contact details (e.g., email address, telephone, etc.), contract data (e.g., services used, products purchased, costs, names of contact persons), and payment data (e.g., bank details, payment history, etc.).
As part of our services, we may also process special categories of data pursuant to Art. 9 (1) GDPR, in particular information about patients’ health, possibly with reference to their sex life or sexual orientation. For this purpose, we will obtain the patient’s express consent, if necessary, in accordance with Art. 6 (1) (a), Art. 7, and Art. 9 (2) (a) GDPR. Otherwise, we process the special categories of data for the purposes of healthcare on the basis of Art. 9 (2) (h) GDPR and Section 22 (1) No. 1 (b) BDSG.
If required for the performance of the contract or by law, we will disclose or transmit patient data as part of our communication with medical professionals, third parties who are necessarily or typically involved in the contract fulfilment, such as laboratories, billing offices or similar service providers, provided that this serves the provision of our services in accordance with Art. 6 (1) (b) GDPR, is prescribed by law in accordance with Art. 6 (1) (c) GDPR, serves our interests or those of the patient in efficient and cost-effective healthcare as a legitimate interest in accordance with Art. 6 (1) (f) GDPR or is necessary in accordance with Art. 6 (1) (d) GDPR, to protect the vital interests of the patient or another natural person or within the framework of consent in accordance with Art. 6 (1) (a) and Art. 7 GDPR.
Data will be deleted when it is no longer required to fulfill contractual or statutory duties of care or to deal with any warranty or similar obligations. The necessity of retaining the data will be reviewed every three years; otherwise, statutory retention periods apply.
Hosting and email sending
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services and technical maintenance services, which 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 offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of a contract for data processing).
Newsletter – Measuring success
The newsletters contain a so-called “web beacon,” a pixel-sized file that is retrieved from our server when the newsletter is opened, or from the server of a shipping service provider if we use it. During this retrieval, technical information, such as information about your browser and system, as well as your IP address and the time of retrieval, is initially collected.
This information is used to technically improve the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined using the IP address) or access times. Statistical surveys also include determining whether the newsletters are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the shipping service provider, to monitor individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content based on the interests of our users.
Unfortunately, it is not possible to revoke the performance measurement separately; in this case, the entire newsletter subscription must be canceled.
Google Tag Manager
Google Tag Manager is a solution that allows us to manage so-called website tags via a single interface (and thus integrate Google Analytics and other Google marketing services into our online offering). The Tag Manager itself (which implements the tags) does not process any personal user data. Regarding the processing of user personal data, please refer to the following information on Google services. Terms of Use: https://www.google.com/intl/de/tagmanager/use-policy.html .
Google Analytics
Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use Google Analytics, a web analysis service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offering by users is usually transferred to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active ).
Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website, and to provide us with other services related to the use of this website and internet usage. Pseudonymous user profiles may be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the user’s IP address will be shortened by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser will not be merged with other data held by Google. Users can prevent cookies from being saved by selecting the appropriate settings in their browser software; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the website, as well as from processing this data, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de .
For further information on data usage by Google, settings and objection options, please see Google’s privacy policy ( https://policies.google.com/technologies/ads ) and the settings for displaying advertisements by Google (https://adssettings.google.com/authenticated ).
Users’ personal data will be deleted or anonymized after 14 months.
Target group building with Google Analytics
We use Google Analytics to display ads placed within Google’s and its partners’ advertising services only to users who have also shown an interest in our online offering or who exhibit certain characteristics (e.g., interests in specific topics or products determined based on the websites visited) that we transmit to Google (so-called “remarketing” or “Google Analytics audiences”). With the help of remarketing audiences, we also want to ensure that our ads correspond to the potential interests of users.
Google AdWords and conversion measurement
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the online marketing process Google “AdWords” to place ads in the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are shown to users who are likely to be interested in the ads. This allows us to display ads for and within our online offering in a more targeted manner in order to only present users with ads that potentially match their interests. If, for example, a user is shown ads for products in which they have shown interest on other online offerings, this is referred to as “remarketing”. For these purposes, when you visit our website and other websites on which the Google advertising network is active, Google code is immediately executed and so-called (re)marketing tags (invisible graphics or code, also known as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (similar technologies can also be used instead of cookies). This file records which websites the user has visited, which content he is interested in and which offers the user has clicked on, as well as technical information about the browser and operating system, referring websites, time of visit and other information about the use of the online offer.
We also receive a unique “conversion cookie.” The information collected through the cookie is used by Google to compile conversion statistics for us. However, we only receive the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information that could be used to personally identify users.
User data is processed pseudonymously within the Google advertising network. This means that Google does not store and process, for example, the name or email address of users, but rather processes the relevant data cookie-related within pseudonymous user profiles. This means that from Google’s perspective, the ads are not managed and displayed for a specifically identified person, but for the cookie owner, regardless of who that cookie owner is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google’s servers in the USA.
For further information on data usage by Google, settings and objection options, please see Google’s privacy policy ( https://policies.google.com/technologies/ads ) and the settings for displaying advertisements by Google (https://adssettings.google.com/authenticated ).
Collection of access data and log files
Based on our legitimate interests pursuant to Art. 6 (1) (f) GDPR, we, or rather our hosting provider, collect data about every access to the server on which this service is located (so-called server log files). This access data includes the name of the accessed website, the file, the date and time of access, the amount of data transferred, the notification of successful access, the browser type and version, the user’s operating system, the referrer URL (the previously visited page), the IP address, and the requesting provider.
Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally resolved.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke