Privacy Policy

Name and contact of the controller pursuant to Article 4 (7) GDPR ( from 25.05.2018 )

Digital Vital Innovation GmbH
Zollhof 30
40221 Düsseldorf
Phone: 023158687899
E-mail: info@divital.care

Management and contact person: 
Yury Ostrovskiy

As data protection officer for Divital Innovation GmbH (www.divital.care)
the following person / company has been appointed and commissioned:

Data Protection Officer

Yury Ostrovskiy

Security and protection of your personal data
We consider it our primary responsibility to protect the confidentiality of the personal data you provide to us and to protect it from unauthorized access. Therefore, we apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the German Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that the data protection regulations are observed both by us and by our external service providers.

Definitions
Personal data

“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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing

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

Restriction of processing

“Restriction of processing” is the marking of stored personal data with the aim of restricting its future processing.

Profiling

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

Pseudonymization

“Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

File system

“File system” means any structured set of personal data accessible according to specific criteria, whether centralized, decentralized or organized according to functional or geographical criteria.

Controller“Controller” means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient

“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party

“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

Consent

Consent” of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Lawfulness of the processing

The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for processing may be in accordance with Article 6 (1)
lit. a – f GDPR in particular:

  1. the data subject has given consent to the processing of personal data concerning him or her for one or more specific purposes
  2. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
  3. the processing is necessary for compliance with a legal obligation to which the controller is subject
  4.  processing is necessary in order to protect the vital interests of the data subject or of another natural person
  5. 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
  6. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Information on the collection of personal data

(1) In the following, we provide information about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behavior.

(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, possibly your name and telephone number) will be stored by us in order to answer your questions. We delete the data collected in this context after storage is no longer necessary, or processing is restricted if there are statutory retention obligations.

Collection of personal data when visiting our website

When using the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. F GDPR):

  • IP address
  • Date and time of the request
  • Time zone difference to Greenwich Mean Time (GMT)
  • Content of the request (specific page)
  • Access status/HTTP status code
  • amount of data transferred in each case
  • Website from which the request originates
  • browser
  • Operating system and its interface
  • Language and version of the browser software.

Use of cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk and assigned to the browser you are using and through which certain information flows to the place that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They are used to make the website more user-friendly and effective overall.

(2) This website uses the following types of cookies, the scope and function of which are explained below:
be:

  • Transient cookies (see a.)
  • Persistent cookies (see b.).

A. Transient cookies are automatically deleted when you close the browser. These include session cookies in particular. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

B. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.

1. you can configure your browser settings according to your wishes and
B. refuse to accept third-party cookies or all cookies. So-called “third party cookies” are cookies that are set by a third party and therefore not by the actual website you are currently visiting. We would like to point out that you may not be able to use all the functions of this website if you deactivate cookies.

2 We use cookies to identify you for subsequent visits if you have an account with us. Otherwise you would have to log in again for each visit.

3) The Flash cookies used are not recorded by your browser, but by your Flash plug-in. We also use HTML5 storage objects, which are stored on your end device. These objects store the required data independently of the browser you use and have no automatic expiration date. If you do not want Flash cookies to be processed, you must install an appropriate add-on, e.g. “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by setting your browser to private mode. We also recommend that you regularly delete your cookies and browser history manually.

Other functions and offers on our website

  1.  In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do so, you must generally provide additional personal data that we use to provide the respective service and for which the aforementioned data processing principles apply.
  2.  In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
  3.  Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.

Children

Our offer is generally aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

Rights of the data subject

  1. Withdrawal of consent
  2. If the processing of personal data is based on consent, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
  3. You can contact us at any time to exercise your right of withdrawal.
  4. Right to Confirmation
  5. You have the right to request confirmation from the person responsible as to whether we are processing personal data concerning you. You can request confirmation at any time using the contact details mentioned above.
  6. Right to information

If personal data is processed, you can request information about this personal data and the following information at any time:

  • the processing purposes;
  • the categories of personal data being processed;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
  • if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period;
  • the existence of a right to rectification or deletion of personal data concerning you or to restriction of processing by the controller or a right to object to this processing, the existence of a right to lodge a complaint with a supervisory authority

if the personal data are not collected from the data subject, all available information about the origin of the data;
the existence of automated decision-making, including profiling, in accordance with Article 22 paragraphs 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
If personal data is transferred to a third country or to an international organization, you have the right to be informed about the appropriate safeguards in accordance with Article 46 GDPR in connection with the transfer. We provide a copy of the personal data that is the subject of processing. We may charge a reasonable fee based on administrative costs for any additional copies you request. If you submit the application electronically, the information must be provided in a common electronic format unless the application states otherwise. The right to receive a copy under paragraph 3 shall not prejudice the rights and freedoms of other persons.

(4) Right to rectification

You have the right to request that we immediately correct any incorrect personal data concerning you. Taking into account the purposes of the processing, you have the right to request that incomplete personal data be completed, including by means of a supplementary statement.

(5) Right to deletion (“right to be forgotten”)

You have the right to request that the controller delete personal data concerning you immediately, and we are obliged to delete personal data immediately if one of the following reasons applies:

  • The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  • The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
  • The data subject objects to the processing in accordance with Article 21 paragraph 1 of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21 paragraph 2 of the GDPR.
  • The personal data was processed unlawfully.
  • The deletion of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data was collected in relation to information society services offered in accordance with Article 8 Paragraph 1 GDPR.

If the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall, taking into account the available technology and the implementation costs, take appropriate measures, including technical measures, to inform data controllers who process the personal data about this to inform you that a data subject has requested that you delete all links to that personal data or copies or replications of that personal data.

The right to deletion (“right to be forgotten”) does not apply if processing is necessary:

to exercise the right to freedom of expression and information;
to fulfill a legal obligation requiring processing under Union or Member State law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the field of public health in accordance with Article 9 paragraph 2 letters h and i and Article 9 paragraph 3 GDPR;
for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 paragraph 1 GDPR, to the extent that the law referred to in paragraph 1 is likely to make impossible or seriously impair the achievement of the objectives of this processing, or
to assert, exercise or defend legal claims.

 

(6) Right to restriction of processing

You have the right to request that we restrict the processing of your personal data if one of the following conditions 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 refuses the deletion of the personal data and instead requests the restriction of the use of the personal data;
  • the controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims, or
  • the data subject has lodged an objection to the processing in accordance with Article 21(1) of the GDPR, as long as it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

If the processing has been restricted in accordance with the above conditions, these personal data – apart from their storage – will only be used with the consent of the data subject or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

In order to exercise the right to restrict processing, the data subject may contact us at any time using the contact details provided above.

(7) Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided have been submitted, provided that:
the processing is based on consent in accordance with Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a or on a contract in accordance with Article 6 paragraph 1 letter b GDPR and
the processing takes place using automated procedures.
When exercising the right to data portability in accordance with paragraph 1, you have the right to have the personal data transmitted directly from one controller to another controller, to the extent that this is technically feasible. Exercising the right to data portability does not affect the right to deletion (“right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right to object

You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you, which is carried out on the basis of Article 6 paragraph 1 letters e or f GDPR; This also applies to profiling based on these provisions. The controller will no longer process the personal data unless he or she can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising. If you object to processing for direct advertising purposes, the personal data will no longer be processed for these purposes.

In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object using automated procedures using technical specifications.

You have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you for scientific or historical research purposes or for statistical purposes referred to in Article 89(1), unless: the processing is necessary to fulfill a task in the public interest.

You can exercise your right to object at any time by contacting the person responsible.

(9) Automated decisions in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

  • is necessary for the conclusion or performance of a contract between the data subject and the person responsible,
  • is permitted by Union or Member State law to which the controller is subject and such law contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject or
  • with the express consent of the person concerned.
  • The controller shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, which includes at least the right to obtain human intervention on the part of the controller, to express one’s own point of view and to contest the decision.

The data subject can exercise this right at any time by contacting the relevant person responsible.

(10) Right to complain to a supervisory authority

You also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if the data subject is of the opinion that the processing of data concerning you personal data violates this regulation.

(11) Right to effective judicial remedy

You have the right to an effective judicial remedy, without prejudice to any available administrative or extra-judicial remedy, including the right to lodge a complaint with a supervisory authority in accordance with Article 77 of the GDPR, if you consider that your rights under this Regulation have been violated as a result of a breach of the provisions of this Regulation Regulation processing of your personal data has been violated.

Use of Google Analytics

(1) This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states 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. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website and internet usage to the website operator.

(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

(3) You can prevent the storage of cookies by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by using the browser plug-in available under the following link. Download and install in: http://tools.google.com/dlpage/gaoptout?hl=de.

(4) This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are further processed in abbreviated form, which means that any personal connection can be ruled out. If the data collected about you is personally related, this will be excluded immediately and the personal data will be deleted immediately.

(5) We use Google Analytics to analyze the use of our website and to regularly improve it. We can use the statistics obtained to improve our offering and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Article 6 Paragraph 1 Sentence 1 Letter f GDPR.

(6) Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions:

http://www.google.com/analytics/terms/de.html, overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html

and the data protection declaration:

http: //www.google.de/intl/de/policies/privacy.

(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under “My data”, “personal data”.

Integration of Google Maps

(1) On this website we use Google Maps. This allows us to show you interactive maps directly on the website and enables you to use the map function conveniently.

(2) By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned in Section 3 of this declaration will be transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not want your profile to be associated with Google, you must log out before activating the button. Google saves your data as usage profiles and uses them for advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide tailored advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles; to exercise this you must contact Google.

Plugins and tools

Google Web Fonts

This site uses so-called web fonts, which are provided by Google, for the uniform display of fonts. When you access a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.

For this purpose, the browser you use must connect to Google’s servers. This gives Google knowledge that our website was accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and attractive presentation of our online offerings. This represents a legitimate interest within the meaning of Article 6 Paragraph 1 Letter f GDPR.

If your browser does not support web fonts, your computer will use a standard font.

Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the browser address line changing from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

(3) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the provider’s data protection declarations.

There you will also find further information about your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy.

Google also processes your personal data in the USA and is subject to the EU-US Privacy Shield:
https://www.privacyshield.gov/EU-US-Framework.

contact form

If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us in order to process the inquiry and in case of follow-up questions. We will not pass on this data without your consent.

The data entered into the contact form is therefore processed exclusively on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke this consent at any time. All you need to do is send us an informal email. The legality of the data processing operations carried out up to the time of revocation remains unaffected by the revocation.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular retention periods – remain unaffected.

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