We are very pleased that you are interested in our company. Data protection has a particularly high priority for the management of psychological counseling Dr. Josef Merk. Use of the Dr. Psychological Counseling website In principle, Josef Merk is possible without providing any personal data. If a data subject wishes to use our company's special services via our website, processing of personal data may be necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, for example the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with Dr. Josef Merk applicable country-specific data protection regulations. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed about their rights by means of this data protection declaration.
Psychological counseling Dr. As the controller, Josef Merk has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us in alternative ways, for example by telephone.
We use the following terms in this data protection declaration:
a) Personal data
Personal data is all information that relates to an identified or identifiable natural person (hereinafter "data subject"). A natural person is considered to be identifiable if, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics, the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.
b) data subject
Affected person is any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or series of operations carried out with or without the help of automated processes in connection with personal data such as the collection, collection, organization, organization, storage, adaptation or modification, reading, querying, use, Disclosure by transmission, distribution or other form of provision, comparison or linking, restriction, deletion or destruction.
d) restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any type of automated processing of personal data, which consists in the fact that this personal data is used to evaluate certain personal aspects that relate to a natural person, in particular to aspects related to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or change of location of this natural person.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.
g) Controller or controller
The person responsible or responsible for processing is the natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for his naming can be provided according to Union law or the law of the Member States.
The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible.
The recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation mandate under Union law or the law of the Member States are not considered recipients.
j) third party
A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or processor.
##### k) Consent
Consent is any expression of will voluntarily given by the data subject for the specific case in an informed manner and unequivocally in the form of a declaration or other clear confirmatory act with which the data subject indicates that they consent to the processing of their personal data is.
2. Name and address of the controller
Responsible 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 with data protection character is:
Dr. Josef Merk
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding 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 using an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, under certain circumstances not all functions of our website can be used to their full extent.
4. Collection of general data and information
The website of the psychological counseling Dr. Every time a data subject or an automated system accesses the website, Josef Merk collects a series of general data and information. This general data and information is stored in the server's log files. The following can be recorded: (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 that use an accessing system on our website can be controlled, (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 serves to avert risks in the event of attacks on our information technology systems.
When using this general data and information, Psychological Counseling Dr. Josef Merk does not draw any conclusions about the person concerned. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) to ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is provided by Psychological Counseling Dr. Josef Merk therefore evaluated both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Contact option via the website
The website of the psychological counseling Dr. Due to legal regulations, Josef Merk contains information that enables quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the data controller by email or via a contact form, the personal data transmitted by the data subject will be automatically saved. Such data voluntarily transmitted from a data subject to the data controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
6. Routine deletion and blocking of personal data
The data controller processes and stores personal data of the data subject only for the period of time necessary to achieve the storage purpose or if this is done by the European legislator or other legislator in laws or regulations, which of the data controllers is subject to, was provided.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and ordinance provider or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
7. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European directive and regulation giver to ask the data controller for confirmation as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they can contact an employee of the controller at any time.
b) Right to information
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive free of charge information about the personal data stored about him and a copy of this information from the controller at any time. Furthermore, the European directive and regulation giver has granted the data subject information about 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 recipients in third countries or international organizations, if possible the planned duration for which the personal data stored, or, if this is not possible, the criteria for determining this duration, the existence of a right to correction or deletion of the personal data relating to them or to restriction of processing by the person responsible or a right to object to this processing, the existence of a right to lodge a complaint a supervisory authority if the personal data is not collected from the data subject: All available information about the origin of the data, including the existence of automated decision-making Profiling in accordance with Article 22 Paragraph 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and the intended effects of such processing for the data subject.Furthermore, the data subject has a right to information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - also by means of a supplementary statement.
If a data subject wishes to exercise this right of correction, they can contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand from the responsible person that the personal data concerning them be deleted immediately if one of the following reasons applies and as far as the processing is not necessary:
The personal data were collected for such purposes or processed in any other way for which they are no longer necessary. The data subject withdraws their consent on which the processing was based in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR and there is no other legal basis for the processing. The data subject objects to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21 (2) GDPR Processing a. The personal data was processed illegally. The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject. The personal data was collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR. If one of the above-mentioned reasons applies and a data subject deletes personal data that is available from Psychological Counseling Dr. Josef Merk is saved, you can contact an employee of the controller at any time. The psychological counselor Dr. Josef Merk will arrange for the request for deletion to be complied with immediately.
Was the personal data collected from Dr. Josef Merk made public and our company, as the person responsible, is obliged to delete personal data in accordance with Art. 17 Para. 1 GDPR, the psychological counseling Dr. Josef Merk takes appropriate measures, including technical ones, taking into account the available technology and implementation costs, in order to inform other data controllers who process the published personal data that the data subject will be deleted by these other data controllers has requested all links to this personal data or copies or replications of this personal data, as far as the processing is not necessary. The employee of the psychological counseling Dr. Josef Merk will arrange the necessary in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to request the controller to restrict processing if one of the following conditions is met:
The data subject disputes the accuracy of the personal data for a period of time that enables the person responsible to check the accuracy of the personal data. The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted. The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims. The data subject has objected to processing in accordance with Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the person responsible outweigh those of the data subject. Provided that one of the above requirements is met and a data subject has the restriction of personal data that is available from Psychological Counseling Dr. Josef Merk has saved, wants to request, she can contact an employee of the controller at any time. The employee of Dr. Josef Merk will arrange for the processing to be restricted.
f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive the personal data concerning them, which were provided to a responsible person by the data subject, in a structured, common 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 has been provided, provided that the processing is based on consent in accordance with Art. 6 Para. 1 Letter a GDPR or Art. 9 Para . 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out using automated processes, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority, which has been transferred to the person responsible.
Furthermore, when exercising their right to data portability in accordance with Art. 20 Para. 1 GDPR, the data subject has the right to have the personal data transferred directly from one responsible person to another, if this is technically feasible and if so this does not affect the rights and freedoms of other people.
To assert the right to data portability, the data subject can contact an employee of the Psychological Counseling Dr. Josef Merk turn.
g) Right to object
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver, for reasons arising from their particular situation, at any time against the processing of personal data concerning them, which is based on Art. 6 Para. 1 Letter e or f DS-GVO takes place to object. This also applies to profiling based on these provisions.
Psychological counseling Dr. In the event of an objection, Josef Merk will no longer process the personal data, unless we can demonstrate compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend Legal claims.
Processes the psychological counseling Dr. Josef Merk personal data in order to operate direct mail, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. Does the data subject object to the psychological counseling Dr. Josef Merk processing for direct marketing purposes, the psychological counseling Dr. Josef Merk no longer process the personal data for these purposes.
In addition, the person concerned has the right, for reasons arising from their particular situation, to object to the processing of personal data relating to them, which Dr. Josef Merk for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR, to object, unless such processing is necessary to fulfill a task in the public interest.
To exercise the right to object, the data subject can directly contact any member of the Psychological Counseling Dr. Josef Merk or another employee. The data subject is also free to exercise their right to object in connection with the use of information society services, regardless of Directive 2002/58 / EC, by means of automated procedures that use technical specifications.
h) Automated decisions in individual cases including profiling
Any person affected by the processing of personal data has the right granted by the European directors and regulators not to be subjected to a decision based solely on automated processing - including profiling - which has legal effects or similarly significantly affects them, if the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permissible due to Union or Member State law to which the controller is subject and this legislation takes appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject or (3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or fulfillment of a contract between the data subject and the person responsible or (2) it is made with the express consent of the data subject, the psychological counseling Dr. Josef Merk takes appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, which includes at least the right to have the person responsible intervene, to state his own position and to contest the decision.
If the data subject wishes to assert rights with regard to automated decisions, they can contact an employee of the controller at any time.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to revoke their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.
8. Data protection regulations for the application and use of LinkedIn
The controller has integrated components from the LinkedIn Corporation on this website. LinkedIn is an internet-based social network that enables users to connect with existing business contacts and to make new business contacts. Over 400 million registered people use LinkedIn in more than 200 countries. This makes LinkedIn the largest platform for business contacts and one of the most visited websites in the world.
Each time our website is accessed, which is equipped with a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the person concerned to download a corresponding representation of the LinkedIn component. Further information on the LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. As part of this technical process, LinkedIn gains knowledge of which specific subpage of our website is visited by the data subject.
If the person concerned is logged into LinkedIn at the same time, LinkedIn recognizes each time our website is accessed by the person concerned and for the entire duration of their stay on our website, which specific subpage of our website the person concerned is visiting. This information is collected by the LinkedIn component and assigned to the respective LinkedIn account of the person concerned by LinkedIn. If the data subject clicks a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores this personal data.
LinkedIn always receives information via the LinkedIn component that the person concerned has visited our website if the person concerned is logged in to LinkedIn at the same time as accessing our website; this takes place regardless of whether the person concerned clicks on the LinkedIn component or not. If the data subject does not want this information to be transmitted to LinkedIn, they can prevent the transmission by logging out of their LinkedIn account before accessing our website.
9. Data protection regulations for the application and use of Matomo
The controller has integrated the Matomo component on this website. Matomo is an open source software tool for web analysis. Web analysis is the collection, collection and evaluation of data about the behavior of visitors to websites. A web analysis tool collects, among other things, data from which website a data subject came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimize a website and for the cost-benefit analysis of internet advertising.
The software is operated on the server of the controller, the log files, which are sensitive to data protection law, are only saved on this server.
The purpose of the Matomo component is to analyze visitor flows on our website. The data controller uses the data and information obtained, among other things, to evaluate the use of this website in order to compile online reports that show the activities on our website.
Matomo places a cookie on the data subject's information technology system. What cookies are has already been explained above. By setting the cookie, we are able to analyze the use of our website. Each time one of the individual pages of this website is called up, the Internet browser on the data subject's information technology system is automatically prompted by the Matomo component to transmit data to our server for the purpose of online analysis. As part of this technical process, we receive knowledge of personal data, such as the IP address of the person concerned, which among other things helps us to trace the origin of visitors and clicks.
Cookies are used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website. Each time you visit our website, this personal data, including the IP address of the internet connection used by the data subject, is transferred to our server. We store this personal data. We do not pass this personal data on to third parties.
The person concerned can prevent the setting of cookies by our website, as already described above, at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Matomo from placing a cookie on the information technology system of the person concerned. In addition, a cookie already set by Matomo can be deleted at any time via an internet browser or other software programs.
Furthermore, the data subject has the option to object to the collection of data generated by Matomo relating to the use of this website and to prevent such. To do this, the data subject must set "Do Not Track" in their browser.
With the setting of the opt-out cookie, however, there is the possibility that the data controller's websites can no longer be used in full for the person concerned.
Further information and Matomo's applicable data protection regulations can be found at https://matomo.org/privacy/.
10. Data protection provisions on the application and use of Xing
The controller has integrated Xing components on this website. Xing is an internet-based social network that enables users to connect with existing business contacts and to make new business contacts. The individual users can create a personal profile of themselves at Xing. For example, companies can create company profiles or publish job offers on Xing.
Xing is operated by XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.
Each time one of the individual pages of this website is accessed, which is operated by the controller and on which a Xing component (Xing plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically activated by the respective Xing Component causes a representation of the corresponding Xing component to be downloaded from Xing. Further information on the Xing plug-ins can be found at https://dev.xing.com/plugins. As part of this technical process, Xing receives knowledge of which specific subpage of our website is visited by the person concerned.
If the data subject is logged in to Xing at the same time, Xing recognizes each time our website is accessed by the data subject and for the entire duration of their stay on our website, which specific subpage of our website the data subject visits. This information is collected by the Xing component and assigned to the relevant Xing account of the person concerned by Xing. If the data subject clicks one of the Xing buttons integrated on our website, for example the "Share" button, Xing assigns this information to the personal Xing user account of the data subject and stores this personal data.
Xing always receives information via the Xing component that the data subject has visited our website if the data subject is logged in to Xing at the same time as accessing our website; this takes place regardless of whether the person concerned clicks on the Xing component or not. If the data subject does not want this information to be sent to Xing, he or she can prevent the transmission by logging out of their Xing account before accessing our website.
The data protection regulations published by Xing, which are available at https://www.xing.com/privacy, provide information about the collection, processing and use of personal data by Xing. Xing has also published data protection information for the XING share button at https://www.xing.com/app/share?op=data_protection.
11. Legal basis for processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard the legitimate interests of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not outweigh them. Such processing operations are permitted to us 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 person responsible (recital 47 sentence 2 GDPR).
12. Legitimate interests in the processing that are being pursued by the controller or a third party
Is the processing of personal data based on Article 6 I lit. f GDPR is our legitimate interest in carrying out our business for the benefit of all our employees and our shareholders.
13. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the period has expired, the corresponding data will be routinely deleted, provided that it is no longer required to fulfill or initiate a contract.
14. Legal or contractual regulations for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of not providing
We 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 about the contracting party). Sometimes it may be necessary to conclude a contract that a data subject provides us with personal data that we subsequently have to process. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would result in the contract not being concluded with the person concerned. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee clarifies the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
15. Existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which works as external data protection officer Schweinfurt, in cooperation with the lawyer for data protection law Christian Solmecke.