This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within the framework of the provision of our services as well as within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, e.g. "processing" or "responsible person", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Types of data processed
- Inventory data (e.g., personal master data, names or addresses).
- Contact data (e.g., e-mail, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., visited websites, 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 (in the following we refer to the persons concerned collectively also as "users").
Purpose of the processing
- Provision of the online offer, its functions and contents.
- Answering of contact requests and communication with users.
- Security measures.
- Range measurement/Marketing.
"Personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable 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 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 upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data.
"Pseudonymisation" means the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the inclusion of supplementary information, provided that this supplementary information is kept separate and is subject to technical and organisational measures ensuring that the personal data is not related to an identified or identifiable natural person.
"Profiling" shall mean any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, the economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.
The term "controller" shall mean the natural or legal person, public authority, agency or any other body which 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 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 of our data processing. For users from the area of application of the basic data protection regulation (GDPR), i.e. the EU and the EEC, the following applies unless the legal basis is stated in the data protection declaration:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR;
The legal basis for processing for the purpose of fulfilling our services and carrying out contractual measures and answering enquiries is Art. 6 para. 1 lit. b GDPR;
The legal basis for processing for the fulfilment of our legal obligations is Art. 6 para. 1 lit. c 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.
The legal basis for the 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 is Article 6 (1) (e) FADP.
The legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR.
The processing of data for purposes other than those for which they were collected is governed by the provisions of Art. 6 para. 4 GDPR.
The processing of special categories of data (in accordance with Art. 9 para. 1 GDPR) is governed by the provisions of Art. 9 para. 2 GDPR.
We take appropriate technical and organizational measures in accordance with the legal requirements, 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 probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
Such measures shall include in particular safeguarding the confidentiality, integrity and availability of data by controlling physical access to data, as well as access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted, and we respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings.
Cooperation with contract processors, jointly responsible parties and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors, jointly responsible parties 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 authorisation (e.g. if the transfer of the data to third parties, such as payment service providers, is necessary to fulfil a contract), users 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 disclose, transfer or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, moreover, on a basis that complies with the legal requirements.
Rights of data subjects
You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information on such data, as well as further information and a copy of the data in accordance with legal requirements.
You have the right to request the completion of the data concerning you or the correction of incorrect data concerning you in accordance with the law.
You have the right to request that data concerning you be deleted immediately in accordance with the statutory provisions or, alternatively, to request that the processing of the data be restricted in accordance with the statutory provisions.
You have the right to obtain, in accordance with the law, the data concerning you that you have provided us with and to request that it be communicated to other persons responsible.
You also have the right, in accordance with the statutory provisions, to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke consents granted with effect for the future.
Right of objection
You can object to the future processing of data concerning you in accordance with the legal requirements at any time. The objection may in particular be made against processing for the purposes of direct advertising.
Cookies and right of objection for direct advertising
"Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, it is called "first-party cookies").
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations.
If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.
Additionally we process
- Contract data (e.g., subject matter of the contract, duration, 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, service and customer care, marketing, advertising and market research.
We process the data of our contractual partners and interested parties as well as other principals, customers, clients, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 Par. 1 lit. b. GDPR in order to provide them with our contractual or pre-contractual services. The data processed in this context, the nature, scope and purpose of such processing and the necessity of processing them, shall be determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers) as well as contract data (e.g., services used, contract contents, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).
As a matter of principle, we do not process special categories of personal data, unless these are part of a commissioned or contractual processing.
We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure if this is not evident to the contractual partners. Disclosure to external persons or companies will only be made if it is necessary within the scope of a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client and the legal requirements.
When using our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. This data will not be passed on to third parties, unless it is necessary to pursue our claims in accordance with Art. 6 Para. 1 lit. f. GDPR or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c. GDPR.
The data will be deleted when the data is no longer required to fulfil contractual or statutory duties of care or to deal with any warranty or comparable obligations, whereby the necessity of keeping the data will be reviewed every three years; otherwise the statutory retention obligations apply.
Administration, financial accounting, office organization, contact management
We process data within the framework of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is Art. 6 Par. 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 of and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities.
We disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee agencies and payment service providers.
Furthermore, we store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We store these mostly company-related data permanently.
Data protection policy in the application process
We process the applicant data only for the purpose and within the scope of the application procedure in accordance with the legal requirements. The applicant data is processed for the purpose of fulfilling our (pre-)contractual obligations within the scope of the application procedure in accordance with Art. 6 Para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR if the data processing becomes necessary for us, e.g. within the framework of legal procedures (in Germany, § 26 BDSG applies additionally).
The application procedure requires that applicants provide us with the applicant data. If we offer an online form, the necessary applicant data are marked as such, otherwise they result from the job descriptions and basically include personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and certificates. In addition, applicants can voluntarily provide us with additional information.
By submitting their application to us, applicants agree to the processing of their data for the purposes of the application procedure in accordance with the type and scope described in this data protection declaration.
Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are voluntarily communicated as part of the application procedure, their processing is additionally carried out in accordance with Art. 9 Para. 2 letter b GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are requested from applicants in the context of the application procedure, their processing is additionally carried out in accordance with Art. 9 Para. 2 letter a GDPR (e.g. health data if this is necessary for the exercise of the profession).
If made available, applicants can submit their applications to us by means of an online form on our website. The data will be transmitted to us in encrypted form according to the state of the art.
Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. We can therefore not assume any responsibility for the transmission path of the application between the sender and the receipt on our server and therefore recommend rather to use an online form or the postal dispatch. This is because instead of applying via the online form and e-mail, applicants still have the option of sending us their application by post.
The data provided by the applicants can be processed by us for the purposes of the employment relationship if the application is successful. Otherwise, if the application for a job offer is not successful, the applicants' data is deleted. Applicants' data is also deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified revocation by the applicants, the data will be deleted after a period of six months so that we can answer any follow-up questions regarding the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.
Comments and contributions
If users leave comments or other contributions, their IP addresses may be changed on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR for 7 days. This is done for our security in case someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
Furthermore, we reserve the right, on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f. GDPR, to process the information provided by users for the purpose of spam detection.
The personal information provided in the comments and contributions, any contact and website information as well as the content information will be permanently stored by us until the users object.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details will be used to process the contact request and its handling in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other inquiries) GDPR are processed... User data may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation.
We delete the enquiries if they are no longer required. We check the necessity every two years; furthermore, the statutory archiving obligations apply.
Hosting and e-mailing
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services as well as technical maintenance services which we use for the purpose of operating this online offer.
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 of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of contract processing agreement).
Collection of access data and log files
We, or our hosting provider, on the basis of our legitimate interests as defined in Art. 6 Par. 1 lit. f. GDPR data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited site), IP address and the requesting provider.
For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.
Use of Google Analytics
We use Google Analytics to analyse website usage. The resulting data is used to optimise our website and advertising measures.
Google Analytics is a web analysis service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, United States). Google processes the data for website use on our behalf and is contractually obliged to take measures to ensure the confidentiality of the processed data.
During your visit to the website, the following data, among others, is recorded:
- Pages viewed
- Orders including the turnover and the ordered products
- Your behaviour on the pages (for example clicks, scrolling behaviour and dwell time)
- Your approximate location (country and city)
- Your IP address (in abbreviated form, so that no clear assignment is possible)
- Technical information such as browser, Internet provider, terminal device and screen resolution
- Source of your visit (i.e. via which website or advertising medium you came to us)
- This data is transferred to a Google server in the USA. Google complies with the data protection regulations of the "EU-US Privacy Shield" agreement.
Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID with which you can be recognised during future visits to the website.
The recorded data is stored together with the randomly generated user ID, which enables the evaluation of pseudonymous user profiles. This user-related data is automatically deleted after 14 months. Other data remains stored in aggregated form for an unlimited period.
If you do not agree with the collection, you can prevent this by installing the browser add-on once to deactivate Google Analytics.
General Terms and Conditions
The following General Terms and Conditions ("GTCs") apply to individual access to online accounts for members of the medical profession ("Individual accounts") who acquire a single account for themselves ("User").
The GTCs continue to apply between the purchaser and RAMPmedical, Henisaja GmbH, Kastanienallee 61, 10119 Berlin, registered with the Local Court Berlin Charlottenburg under HRB 167143 B ("Company").
The Company provides online access to the functions and services described on the website www.rampmedical.com.
The functions made available by the Company may vary in terms of scope, functionality and structure.
The user is liable for the information provided by him/her in relation to his/her affiliation with medical professionals and undertakes to keep this and other relevant personal information up to date.
The user may at any time request in text form the deletion of all personal data and access.
The Company guarantees the user that the price including all updates and extensions, which are subsequently developed and offered as individual accounts, will be maintained for a period of five years, beginning with the conclusion of the contract.
The contracts are concluded for an indefinite period and can be terminated at the end of each month. The termination must be made in text form.
The access to the individual accounts can be limited up to three days per month due to maintenance work. In the event that the technical restriction is not the fault of the Company, the downtime can be seven days. Any longer downtime on the part of RAMP will result in the company not charging any fee for the month in question.
Furthermore, the information provided by the Company to support therapy decisions has been prepared and checked to the best of the Company's knowledge and belief. In addition, the company follows the strict quality management system in accordance with ISO 13485 and uses technical testing scripts to verify content and functionality. However, the information displayed is only for the purpose of recalling knowledge. For verification in case of uncertainty, the link to the source of the displayed information is available. Therefore the company is only liable for gross negligence and disregard of duties of care. As is the case everywhere, errors in content cannot be excluded.
The permitted use of the individual accounts only refers to support in the treatment of patients, or for learning for students or those in training. The commercial use of individual accounts is excluded. If the interested party intends a commercial use, he/she should contact the company.
Also excluded is the sharing of individual accounts between two or more persons. This will be checked randomly.