We are very pleased about your interest in our company. As a matter of principle, it is possible to use the Internet pages without providing any personal data. However, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to us. By means of this data protection declaration, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, we have implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to submit personal data to us by alternative means, for example by telephone.
Definition of terms
The data protection declaration is based on the terms used by the European Directive and Ordinance Maker when enacting the General Data Protection Regulation ( GDPR ). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy policy:
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a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “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.
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b) Person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
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c) Processing
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
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d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
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e) Profiling
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
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f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way 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 is not attributed to an identified or identifiable natural person.
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g) Controller or person responsible for processing
The controller or person responsible for processing 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 or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
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h) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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i) Recipient
Recipient means a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
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j) Third party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
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k) Consent
Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
Name and address of the controller
The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Schmerzinstitut Muenchen
Prof. Dr. W. Bauermeister
Toni-Schmid-Str. 45
81825 Munich
Germany
+49 89 426112
E-Mail: kontakt@neuroinstitut-muenchen.de
Cookies / SessionStorage / LocalStorage
Some of the Internet pages use so-called cookies, LocalStorage and SessionStorage. This serves to make our offer more user-friendly, effective and secure. Local Storage and SessionStorage is a technology that allows your browser to store data on your computer or mobile device. Cookies are text files that are stored on a computer system via an internet browser. You can prevent the use of cookies, LocalStorage and SessionStorage by setting your browser accordingly.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimised in the interests of the user. Cookies enable us, as already mentioned, to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate 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 programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
Collection of general data and information
The website collects a series of general data and information with each call-up of the website by a data subject or an automated system. This general data and information is stored in the server’s log files. The following data may be collected: (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 which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, we do not draw any conclusions about the data subject. This information is rather required in order to (1) correctly deliver the contents of our website, (2) optimise the contents of our website as well as the advertising for these, (3) ensure the permanent functionality of our information technology systems and the technology of our website as well as (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the data and information collected anonymously will be used for statistical purposes only and for the purpose of increasing the data protection and data security of our enterprise so as to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
Registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. The personal data transmitted to the data controller is specified in the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the internet service provider (ISP) of the data subject, the date and the time of registration are also stored. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable us to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary to safeguard the controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, by their nature, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the controller’s database.
The controller shall provide any data subject at any time, upon request, with information on what personal data are stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any legal obligation to retain the data. The entire staff of the controller shall be available to the data subject as contact persons in this context.
Contact option via the website
Due to legal regulations, the website contains information that enables a quick electronic contact to our company as well as an immediate communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data provided on a voluntary basis by a data subject to the controller shall be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, details of the time the comment was entered and the user name (pseudonym) chosen by the data subject are also stored and published. Furthermore, the IP address assigned by the Internet service provider (ISP) of the data subject is also logged. This storage of the IP address takes place for security reasons and in the event that the person concerned infringes the rights of third parties by posting a comment or posts illegal content. The storage of this personal data is therefore in the controller’s own interest so that it could exculpate itself if necessary in the event of an infringement. No disclosure of this collected personal data to third parties will take place, unless such disclosure is required by law or serves the legal defence of the controller.
Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
Rights of the person concerned
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a) Right to confirmation
Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
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b) Right to information
Any person concerned by the processing of personal data shall have the right granted by the European Directive and the Regulation to obtain at any time from the controller, free of charge, access to and a copy of the personal data relating to him or her which have been stored. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data that are processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of 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 to obtain the rectification or erasure of personal data concerning them or to obtain the restriction of processing by the controller or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the 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
Furthermore, the data subject has a right of access to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
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c) Right of rectification
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.
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d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject revokes his or her consent on which the processing is based in accordance with Art. 6 (2). 1 letter a GDPR or Art. 9 para. 2 letter of the GDPR and there is no other legal basis for the processing.
- The data subject shall, in accordance with Art. 21 para. 1 DSGVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(1). 2 DSGVO to object to the processing.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance 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 pursuant to Art. 8 para. 1 DSGVO collected.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored, he or she may, at any time, contact any employee of the controller. The employee will ensure that the request for deletion is complied with without delay.
If the personal data has been made public and our company is the responsible party pursuant to Art. 17 Para. 1 DSGVO to erase the personal data, we shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers the erasure of all links to such personal data or copies or replications of personal data, unless the processing is necessary. The staff member will take the necessary steps in individual cases.
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e) Right to restriction of processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
- 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, the data subject objects to the erasure of the personal data and requests instead 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 it for the establishment, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to Art. Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored, he or she may, at any time, contact any employee of the controller. The staff member will arrange for the restriction of processing.
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f) Right to data portability
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. She also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 (6). 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 Para. 1(b) of the GDPR and the processing is carried out by automated means, 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.
Furthermore, when exercising his or her right to data portability pursuant to Art. 20 para. 1 GDPR the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
To assert the right to data portability, the data subject may contact us at any time.
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g) Right to object
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation-maker, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1) of the Directive. 1(e) or (f) of the Data Protection Regulation. This also applies to profiling based on these provisions.
We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If we process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject shall have the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the Data Protection Act. 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may contact any employee directly. The data subject shall also be free to exercise his or her right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
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h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
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i) Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
Legal basis of the processing
Art. 6 Ilit. a GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. Where the processing of personal data is necessary for the performance of a contract to which the data subject is party, such as in the case of processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6 Ilit. b DSGVO (GDPR). The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation through which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 Ilit. c DSGVO. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result their name, age, health insurance details or other vital information needed to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 Ilit. d DSGVO are based on.
Ultimately, processing operations could be based on Art. 6 Ilit. f DSGVO are based on. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence of the GDPR).
Legitimate interests in the processing pursued by the controller or a third party
Where the processing of personal data is based on Article 6 Ilit. f DSGVO, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.
Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the deadline, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner).
Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data by the data subject, the data subject 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 of not providing the personal data would be.
Existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.