Relevant legal basis
This data protection declaration informs you as a user about the nature, scope and purpose of the collection and use of personal data by the responsible party named below on this website (hereinafter referred to as “offer” or “online offer”):
External data protection officer
In all questions of data protection, please contact our external data protection officer:
Nico Frings / OPTI health consulting GmbH
Eckernförder Str. 42
You have the following rights with respect to the personal data concerning you:
- the right to information,
- the right to rectification and deletion,
- the right to restriction of processing,
- the right to object to processing,
- the right to data portability, the purpose and duration of processing.
- In addition, you have the right to lodge a complaint with a data protection supervisory authority about our processing of your personal data. More detailed information about your rights can be found further down this page.
Type of data processed
- Inventory data (e.g., names, addresses).
- Contact data (e.g., email, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., web pages visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Purpose and duration of processing
The operator of this website takes organizational, contractual and technical security measures to ensure that the provisions of data protection laws are complied with and to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
Deletion of data
The data stored as part of this online service will be deleted as soon as the purpose for which it was collected has been fulfilled or the deletion is not contradicted by any statutory retention obligations. If user data is not deleted because it is used for other and legally permissible purposes, the processing of corresponding data will be restricted. This applies, for example, to user data that must be retained for reasons of commercial or tax law.
In accordance with legal requirements, data is retained for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
Right of withdrawal
Users of this online service can object to the future processing of their personal data in accordance with the legal requirements at any time, in particular against processing for the purposes of direct advertising.
Changes to the data protection declaration
The provider of this online offer reserves the right to adapt the data protection declaration in order to meet changed legal situations, or changes to the service as well as data processing. However, this only applies with regard to declarations on data processing. Insofar as user consent is required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users. Users are accordingly requested to inform themselves regularly about the content of this data protection declaration.
Cooperation with processors and third parties
In order to provide this online offer and within the scope of our processing, we may disclose data to other persons and companies (order processors or third parties), transmit it to them or grant access. This is done exclusively on the basis of a legal permission (pursuant to Art. 6 para. 1 lit. b DSGVO for contract performance, if, for example, a transfer of data to payment service providers is necessary), on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests, e.g. the use of hosting providers or similar.
If we commission third parties with the processing of data within the scope of a “commissioning agreement”, this is done on the basis of Art. 28 DSGVO.
Each time one of our websites is called up, the server system records a series of general information. This information is automatically transmitted by the browser used on your terminal device and stored in a log file. The following information is collected without your intervention and stored until automated deletion:
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the accessed file,
- website from which the access was made (referrer URL),
- browser used and the operating system of the accessing computer,
- name of the Internet service provider,
- other similar general purely technical data.
The aforementioned data is processed by us for the following purposes:
- Ensuring a smooth connection setup of the website,
- to ensure a comfortable use of our website,
- to deliver the contents of our website correctly,
- evaluation of system security and server stability,
- To provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.
The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest in this data follows exclusively from the purposes listed above for general data collection. In no way do we use this collected general data to draw conclusions about a specific person.
For the purpose of operating this online service, we use hosting services. These serve to provide infrastructure and platform services, storage space, computing capacity, database services, technical maintenance services and security services.
We or our hosting provider InternetWerk GmbH (https://www.internetwerk.de/) process usage data, meta and communication data, inventory data, content data, contract data and contact data of visitors to this online offer, interested parties and patients. This is done on the basis of our legitimate interest in a secure and efficient provision of this online offer Art. 6 para. 1 lit. f DSGVO in conjunction with. Art. 28 DSGVO.
As a user, you can directly influence the use and storage of cookies via your browser. All common browsers offer an option that restricts or completely prevents the storage of cookies. However, we would like to point out that this may limit the use and user comfort.
Independent of this online offer, you can manage a large part of all online ad cookies via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/uk/your-ad-choices/.
Online appointment booking Dr. Flex
Note on data protection / kununu
We have a profile on kununu (part of XING).
The provider is New Work SE, Am Strandkai 1, 20457 Hamburg, Germany.
You will recognize the kununu links on our site. When you visit our pages, a direct connection is established between your browser and the XING server via the kununu plugin. XING thereby receives the information that you have visited our site with your IP address. If you click on the kununu logo while logged into your XING account, you can link the content of our pages on your XING profile. This allows XING to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by XING. The kununu links establish a direct connection between your browser and the kununu server (belongs to XING). kununu thereby receives the information that you have visited our site with your IP address. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by kununu.
Use of Microsoft Services for Web Analytics and Advertising Purposes
For advertising purposes in the Bing, Yahoo and MSN search results and on third party websites, when you visit our website, the so-called Microsoft Advertising Remarketing Cookie is set, which automatically enables interest-based advertising by collecting and processing data (IP address, time of visit, device and browser information, and information about your use of our website) and by means of a pseudonymous CookieID and based on the pages you visit.
For website analytics and event tracking, we use Microsoft Advertising Universal Event Tracking (UET) to measure your subsequent usage patterns when you have accessed our website through a Microsoft Advertising ad. For this purpose, cookies may be used and data (IP address, time of visit, device and browser information, and information about your use of our website based on events specified by us, such as visiting a web page or signing up for a newsletter) may be collected, from which usage profiles are created using pseudonyms. If your Internet-enabled devices are linked to your Microsoft account and you have not deactivated the “Interest-based advertising” setting in your Microsoft account, Microsoft may generate reports on usage behavior (in particular cross-device user numbers), even if you change your terminal device, so-called “cross-device tracking”. We do not process personal data in this respect, we only receive statistics based on Microsoft UET.
Usercentrics Consent Management
You can view and adjust your personal settings at any time at this link: https://usercentrics.com/privacy-policy
A contact form is available on our website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored for the purpose of processing the request and in the event of follow-up questions and, for example, scheduling appointments.
Alternatively, it is possible to contact us via the e-mail addresses provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the inquiry. The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
The data generated by etracker is processed and stored by etracker on behalf of the provider of this website exclusively in Germany and is therefore subject to strict German and European data protection laws and standards. etracker has been independently audited and certified in this regard and awarded the ePrivacyseal data protection seal of approval.
Data processing is carried out on the basis of the legal provisions of Art. 6 Para. 1 lit. f (legitimate interest) of the German Data Protection Regulation (DSGVO). Our concern in terms of the DSGVO (legitimate interest) is the optimization of our online offer and our web presence. Since the privacy of our visitors is important to us, the data that may allow a reference to an individual person, such as the IP address, login or device identifiers, are anonymized or pseudonymized as soon as possible. No other use, combination with other data or transfer to third parties will take place.
You can object to the aforementioned data processing at any time. The objection has no adverse consequences.
Google Tag Manager
We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
The Google Tag Manager is a tool that allows us to embed tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create user profiles, does not store cookies and does not perform any independent analyses. It only serves to manage and play out the tools integrated via it. However, the Google Tag Manager records your IP address, which may also be transmitted to Google’s parent company in the United States.
The use of the Google Tag Manager is based on Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in a quick and uncomplicated integration and management of various tools on his website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.
This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics enables the website operator to analyze the behavior of website visitors. In doing so, the website operator receives various usage data, such as page views, dwell time, operating systems used and the origin of the user. This data is assigned to the respective end device of the user. An assignment to a device ID does not take place.
Furthermore, we can use Google Analytics to record your mouse and scroll movements and clicks, among other things. Furthermore, Google Analytics uses various modeling approaches to supplement the collected data sets and uses machine learning technologies in the data analysis.
Google Analytics uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is usually transferred to a Google server in the USA and stored there.
The use of this service is based on your consent according to Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG. The consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.
We have activated the IP anonymization function on this website. This means that your 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 before being transmitted to the USA. 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 for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.
You can prevent the collection and processing of your data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
We have concluded an order processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Google Ads Conversion Tracking
This website uses the online advertising program “Google Ads” and within the scope of Google Ads the conversion tracking of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). We use the offer of Google Ads to draw attention to our attractive offers with the help of advertising media (so-called Google Adwords) on external websites. We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. In this way, we pursue the aim of displaying advertising that is of interest to you, making our website more interesting for you and achieving a fair calculation of the advertising costs incurred.
The conversion tracking cookie is set when a user clicks on an ad placed by Google Ads. Cookies are small text files that are stored on your terminal device. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked across Google Ads customers’ websites. The information obtained using the conversion cookie is used to create conversion statistics for Google Ads customers who have opted in to conversion tracking. The clients learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. In the context of the use of Google Ads, personal data may also be transmitted to the servers of Google LLC. in the USA.
Details on the processing triggered by Google Ads Conversion Tracking and on Google’s handling of data from websites can be found here: https://policies.google.com/technologies/partner-sites.
All processing described above, in particular the setting of cookies for reading out information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 (1) a DSGVO. You can revoke your consent at any time with effect for the future by deactivating this service in the “Cookie Consent Tool” provided on the website.
You can also permanently object to the setting of cookies by Google Ads conversion tracking by downloading and installing the Google browser plug-in available at the following link:
Applications and application procedure
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits relevant application documents to the controller by electronic means, for example, by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
Rights of the data subject
If personal data of yours is processed, you have the following rights against us regarding the personal data concerning you.
a) Right to confirmation, 15 GDPR:
Every data subject has the right granted by the European Directive and 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.
b) Right of access, Art. 15 DSGVO:
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
- the purposes of processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
- 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 him or her, 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: Any available information about the origin of the data
If a data subject wishes to exercise this right of access, he or she may, at any time, contact our External Data Protection Officer or an employee of the controller.
c) Right to rectification, Art. 16 GDPR:
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request that inaccurate personal data concerning him or her be corrected without undue delay. Furthermore, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration – taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact our External Data Protection Officer or an employee of the controller.
d) Right to erasure (right to be forgotten), 17 GDPR:
Any person concerned by the processing of personal data has the right granted by the European Directive and 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 such purposes for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO.
- The personal data have been processed unlawfully.
- The erasure 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 has been collected in relation to information society services offered pursuant to Article 8(1) DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by us, he or she may, at any time, contact our External Data Protection Officer or an employee of the controller. We will then arrange for the deletion request to be complied with immediately.
If the personal data have been made public by us and our company as the controller is obliged to erase the personal data pursuant to Article 17 (1) of the Data Protection Regulation, we shall take reasonable measures, including technical measures, to allow other data controllers to process the published personal data, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers the erasure of all links to the personal data or to copies or replications of the personal data, unless the processing is necessary. The employee of the controller will arrange the necessary in individual cases.
e) Right to restriction of processing, Art. 18 GDPR:
Any person concerned by the processing of personal data has the right granted by the European Directive and 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 the processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
- The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override 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 by us, he or she may, at any time, contact our External Data Protection Officer or an employee of the controller. The employee will arrange the restriction of the processing.
f) Right to data portability, 20 GDPR:
Any person concerned by the processing of personal data has the right granted by the European Directive and 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. He or she also has the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(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.
In order to assert the right to data portability, the data subject may at any time contact our External Data Protection Officer or an employee of the controller.
g) Right to object, 21 GDPR:
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the DSGVO. 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 defense of legal claims.
In order to exercise the right to object, the data subject may directly contact our External Data Protection Officer or an employee of the controller. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.
h) Right to information, Art. 19 GDPR:
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right against the controller to be informed about these recipients.
i) Right to withdraw consent under data protection law.
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation-maker, 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.
j) Right to lodge a complaint with a supervisory authority, Art. 77 DSGVO:
You also have the right to complain to a data protection supervisory authority about the processing of your personal data. You may address your complaint to the supervisory authority in the Member State of your residence, workplace or the place of the alleged infringement. The supervisory authority to which the complaint has been submitted will inform you, as the complainant, of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html