Privacy Policy of LaboZert GmbH for the Certification of Medical Laboratories

Status:  28. October 2022

 

Entity responsible for data processing

LaboZert GmbH

Ubierstr. 20

40223 Düsseldorf

 

Chief Executive Officer: Prof. Dr. rer. nat Ingo Schellenberg

Phone: +49 [0] 211 1592 13-130

E-mail: info@labozert.de

 

I. Contact Data Protection Officer

 

The data protection officer of the controller can be reached at:

Address: Ubierstr. 20, 40223 Düsseldorf

Phone: 0211-159213-680

E-mail: schwarz@instand-ev.de

 

II. Provision of the Website and Creative of Log Files

 

1. Description and scope of data processing

An external service provider operates the website. Each time our website is accessed, the system automatically collects data and information from the computer system of the accessing computer.

The following data is collected in the process:

• Information about the type of browser and the version used
• the operating system of the user
• the user's Internet service provider
• the referrer URL (the previously visited page)
• the host name of the accessing memory (IP address)
• the date and time of access
• websites that are accessed by the user's system via our website.

 

The data is also stored in the log files of the system.

 

2. Legal Basis for Data Processing

The legal basis for the storage of the data and the log files is Art. 6 para. 1 lit. f) DSGVO.

 

3. Purpose of the Data Processing

The temporary storage of the IP address by the system is necessary to enable the delivery of the website to the user's computer. For this purpose, the user's IP address must be stored for the duration of the session.

The storage of log files is done to ensure the website's functionality. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not occur in this context.

These purposes are also our legitimate interest in data processing, according to Art. 6 para. 1 lit. f) DSGVO.

 

4. Duration of Storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of data collection for the purpose of the website, this is the case when the respective session has ended.

In the case of storing data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the users' IP addresses are deleted or alienated so that an assignment of the called client is no longer possible.

 

5. Possibility of Objection and Removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the website's operation. Consequently, there is no possibility of objection on the part of the user.

 

III. Contact Form and E-mail contact

 

1. Decription and Scope of Data Processing

A contact form is available on our website, which can be used for electronic contact. If a user makes use of this option, the following data entered in the input mask will be transmitted to us and stored:

 

Contact Form:

• First and last name
• E-mail address
• Phone number
• Company name

 

Auditor Applicaton Form:

• First and last name
• E-mail address
• Phone number
• Company name
• Date of birth
• Place of birth
• Address
• Current function

 

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.

 

2. Legal Basis for Data Processing

The legal basis for the processing of data transmitted to us in the course of contacting us is Art. 6 para. 1 lit. f) DSGVO.

If the contact is aimed at after a contract or if the contact is made in connection with the performance of a contract with us, the legal basis for the processing is Art. 6 (1) (b) DSGVO.

 

3. Purpose of Data Processing

The processing of personal data serves the effective handling of the request addressed to us.

This is also the legitimate interest in the case of processing the data, according to Art. 6 para. 1 lit. f) DSGVO.

 

4. Duration of Storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when the respective conversation with the user has ended. The conversation ends when it is clear from the circumstances that the matter has been clarified.

 

5. Possibility of Objection and Removal

The user may at any time object to the storage of his personal data in the event of processing, according to Art. 6 para. 1 lit. f) DSGVO. In such a case, all personal data stored n the course of contacting the user will be deleted, and the conversation cannot be continued.

 

IV. LaboZert Process Audit

 

1. Description and Scope of Data Processing

We collect and process the following personal data within the scope of the registration form on mein.labozert.de for the initiation, conclusion, processing, and reversal of contracts on the performance of certification procedures:

• Contact person data (title, first and last name, function, telephone number)
• Registration e-mail address (if this is assigned to a natural person)
• Contact data of the contractual partner (name of the company/practice/hospital, address, e-mail address, telephone number, if the contractual partner is a natural person)
• Data of the invoice recipient (name of the company/practice/hospital, address, e-mail address, telephone number, if the invoice recipient is a natural person)

 

Furthermore, in the course of carrying out the certification, we collect and process personal data contained in the documentation uploaded to the portal mein.labozert.de (manual, procedural and work instructions, organizational charts, training, and advanced training documentation, participant information on safety measures, job descriptions, etc.).

LaboZert maintains a directory of all certified clients. This lists: Name of the client, address, branches, if applicable, and scope of the certificate.

 

2. Legal Basis of Data Processing

The legal basis for the processing of data of the contractual partner and keeping the register is Art. 6 (1) lit. b) DSGVO, provided that this is a natural person.

The legal basis for processing data of the contact person who is not a contractual partner and the other data provided in the context of certification is Art. 6 (1) f) DSGVO.

The publication of the directory is based on Art. 6 para. 1 lit. f) DSGVO.

 

3. Data Processing Purposes

All data is processed exclusively for the certification contract initiation, conclusion, and execution. This and obtaining certification by the contractual partner are also legitimate interests for data processing.

The legitimate interest in publishing the directory lies in the information of the public and the marketing of the services of LaboZert.

 

4. Duration of Storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. The duration of storage of personal data is up to 10 years for data with relevance under commercial law (§ 257 HGB), and for data with relevance under tax law up to 10 years (§ 147 AO). For other data types, the standard deletion period is ten years from the deactivation of the my.labozert.de account.

 

5. Possibility of Objection and Removal

The provision of personal data in the registration form is required for the conclusion and performance of the contract on participation in an EQA scheme. The contract's conclusion or execution is impossible if personal data are not provided.

 

6. Recipients and Categories of Recipients of the Personal Data

Your personal data will be transferred to the following recipients:

• Payment Processing: Commerzbank AG, 40300 Düsseldorf
• Service providers: we use the following service providers:

 

Auditors who are entrusted with the implementation of a certification procedure commissioned by the contract partner. These are named in the auditing procedure.

IT-Service Provider:

• Unique Conceptions GmbH, Adolf-Kaschny-Str.19, 51373 Leverkusen
• aemka, Inh. Matthias Krappitz Ecksweg 14, 21521 Dassendorf
• TenS Creative LLC, 19 Mirror Ridge Dr, The Woodlands, TX 77382, USA

 

7. International Data Transmission

We transfer personal data to service providers located in the USA (see section 6 of this privacy policy). For this purpose, we have concluded standard contractual clauses as appropriate safeguards within the meaning of Art. 46 Para. 2 lit. c) DSGVO. You can request a copy of these standard contractual clauses from our data protection officer.

 

V. Right of the Data Subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

 

1. Right to Information (Art. 15 DSGVO)

You may request confirmation from the controller whether we are processing personal data concerning you.

If there is such processing, you can request information from the controller about the following:

• the purposes for which the personal data are processed;
• the categories of personal data which are processed;
• the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
• the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
• the existence of a right to rectification or erasure of the personal data concerning you, a right to 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;
• Any available information on the origin of the data if the personal data are not collected from the data subject;
• The existence of automated decision-making, including profiling, according 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.

 

You have the right to request information about whether the personal data concerning you is transferred to a third country or an international organization. In this context, you may request to be informed about the appropriate safeguards according to Art. 46 DSGVO in connection with the transfer.

 

2. Right to Rectification (Art. 16 DSGVO)

You have a right to rectification and/or completion vis-à-vis the controller insofar as the processed personal data concerning you is inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

 

3. Right to Restriction of Processing (Art. 18 DSGVO)

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

• if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
• the processing is unlawful, and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
• the controller no longer needs the personal data for processing, but you need them for the establishment, exercise, or defense of legal claims; or
• if you have objected to the processing according to Article 21 (1) DSGVO, and it still needs to be clarified whether the controller's legitimate grounds outweigh your grounds.

 

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the establishment, exercise, or defense of legal claims or the protection of the rights of another natural or legal person or reasons of significant public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

 

4. Right to Deletion (Art. 17 DSGVO)

Obligation to Delete

You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay if one of the following reasons applies:

• The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
• You withdraw your consent on which the processing was based according to Art. 6 (1) a) or Art. 9 (2) a) DSGVO, and there is no other legal basis for the processing.
• You object to the processing according to Art. 21 (1) DSGVO, and there are no overriding legitimate grounds for the processing, or you object to the processing according to Art. 21 (2) DSGVO.
• The personal data concerning you has been processed unlawfully.
• The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
• The personal data concerning you has been collected in relation to information society services offered according to Article 8(1) of the GDPR.

 

Information to Third Parties

Suppose the controller has made the personal data concerning you public and is obliged to erase it according to Article 17(1) of the GDPR. In that case, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers who process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

 

Exceptions

The right to erasure does not exist insofar as the processing is necessary to

• for the exercise of the right to freedom of expression and information;
• for compliance with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller;
• for reasons of public interest in the area of public health, according to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
• for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes according to Article 89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
• for the assertion, exercise, or defense of legal claims.

 

5. Right to Information (Art. 19 DSGVO)

Suppose you have asserted the right to rectification, erasure, or restriction of processing against the controller. In that case, the controller is obliged to notify all recipients to whom the personal data concerning you has 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.

 

6. Right to Data Portability (Art. 20 DSGVO)

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used, and machine-readable format. You also have the right to transfer 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 according to Art. 6 (1) a) DSGVO or Art. 9 (2) a) DSGVO or on a contract according to Art. 6 (1) b) DSGVO and
• the processing is carried out with the help of automated procedures.

 

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to the processing of personal data necessary for performing a task in the public interest or exercising official authority vested in the controller.

 

7. Right of Objection (Art. 21 DSGVO)

 

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you, which is carried out based on Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.

 

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims.

If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

 

8. Right to revoke the Declaration of Consent under Data Protection Law (Art. 7 Abs. 3 DSGVO)

You have the right to revoke any declaration of consent under data protection law at any time in the same way as the granting or in any case by e-mail. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

 

9. Automated Decisions in individual Cases, including Profiling (Art. 22 DSGVO)

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 you and the controller,
• is permitted by legal provisions of the Union or the Member States to which the controller is subject, and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
• is carried out with your explicit consent.

However, these decisions may not be based on special categories of personal data according to Article 9(1) of the GDPR unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

Concerning the cases referred to in the first and third bullet points, the controller shall take reasonable measures to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person from the controller, to express his own point of view and to contest the decision.

 

10. Right to complain to a Supervisory Authority (Art. 77 DSGVO)

Without prejudice to any other administrative or judicial remedy, you have the right to complain with a supervisory authority, in particular in the Member State of your residence, workplace, or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

 

VI. Web Analysis through Matomo

1. Scope of the Processing of Personal Data

We use the open-source software tool Matomo on our website to analyze the surfing behavior of our users. The software is configured so that no cookie is set. If individual pages of our website are called up, a fingerprint of the calling computer is generated, which only contains anonymized data and, thus, no personal data.

You can find more information about the privacy settings of the Matomo software under the following link: https://matomo.org/gdpr-analytics/.