Hello and thank you for your interest in our website. We take your rights to privacy, data protection and informational self-determination very seriously. Therefore, we would like to inform you about the following:
This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and contents as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, such as "processing" or "responsible party", we refer to the definitions in article 4 of the Basic Data Protection Regulation (DSGVO).
BPS Health GmbH
Phone: +49(0)30 120 649 255
Data protection officer
You can reach our data protection officer at the following contact details:
Phone: +49(0)30 120 649 255
Mail: BPS Health GmbH, Rittergut 1, 38721 Baddeckenstedt
Types of data processed
- Inventory data (e.g. names, addresses)
- Contact data (e.g. e-mail, telephone numbers)
- Content data (e.g. text entries, photographs, videos)
- Usage data (e.g. websites visited, interest in content, access times)
-Meta /communication data (e.g. device information, IP addresses)
Categories of data subjects
Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as "users").
Purpose of processing
- Provision of the online offer, its functions and contents
- Answering of contact requests and communication with users
- security measures
"personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "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 (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data.
"Pseudonymisation"shall mean the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the use of supplementary information, provided that this supplementary information is kept separate and is subject to technical and organisational measures ensuring that the personal data is not related to an identified or identifiable natural person.
"Profiling" shall mean any automated processing of personal data consisting in using such personal data to evaluate certain personal aspects relating to a natural person, in particular in order to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person.
“Controller" shall mean 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.
"Processor" shall mean any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
Relevant legal bases
In accordance with article 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consents is article6 Para. 1 lit. a and article 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is article 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is article 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is article 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, article 6 paragraph 1 lit. d DSGVO serves as the legal basis.
In accordance with article 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes ofthe processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.
Such measures shall include in particular safeguarding the confidentiality, integrity and availability of data by controlling physical access to data, aswell as access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted, and we respond to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through the design of technology and through data protection-friendly default settings (article 25 DSGVO).
Cooperation with contract processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal authorisation (e.g. if the data must be transferred to third parties, such as payment service providers, in accordance with article 6 Para. 1 letter b DSGVO for the fulfilment of the contract), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosters, etc.).
If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of article 28 DSGVO.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer data to a third country if the special requirements of article 44 ff DSGVO apply. In other words, processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects
You have the right to request confirmation as to whether or not data in question is being processed and to obtain information about this data and to receive further information and a copy of the data in accordance with article 15 DSGVO.
According to article 16 DPA, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
Under article 17 DSGVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, under article 18 DSGVO, to demand that the processing of the data be restricted.
You have the right to request that the data concerning you which you have made available to us be received in accordance with article 20 DSGVO and to demand that it be passed on to other responsible parties. You also have the right to lodge a complaint with the competent supervisory authority in accordance with article 77 DSGVO.
Right of withdrawal
You have the right to revoke consents granted in accordance with article 7 para. 3 DSGVO with effect for the future.
Right of objection
You can object to the future processing of data concerning you at any time in accordance with article 21 DSGVO. In particular, you may object to processing for the purposes of direct advertising.
Cookies and right of objection for direct advertising
“Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. “Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the cookies of this person, they are called "first-party cookies").
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer.
Deletion of data
The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data is not deleted because it is required for others and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to the legal requirements in Germany, the storage takes place in particular for10 years according to §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years according to § 257 para. 1nos. 2 and 3, para. 4 HGB (commercial letters).
In accordance with legal requirements in Austria, the retention is in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, vouchers / invoices, accounts, vouchers, commercial documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
When contacting us (e.g. via contact form, e-mail, telephone or social media), the user's details are processed for the purpose of handling the contact request and its processing in accordance with article 6 para. 1 lit. b) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation.
We delete the enquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
HubSpot (CRM system)
The use of HubSpot mainly affects the areas CMS, e-mail (informative as well as automated mailings, e.g. content downloads, double opt-in procedures, sent forms), onlinereporting (e-mail click and opening rates, user interactions with different content, access numbers, conversions, social media, etc.), online reporting (e-mail click and opening rates, user interactions with different content, access numbers, conversions, social media, etc.), lead and customer management (clustering of user groups according to various criteria, customer relationship management), landing pages and forms (e.g. for downloads of documents/information or registration for mailings, etc.), social media (publishing of content).
The information collected by HubSpot is processed and stored on servers of HubSpot Inc. in the USA. The use of this data is solely for the purpose of improving the BPS Venture online offer, as well as the user experience on www.bps-health.com and www.bps-health.de. You have the possibility to request, correct or delete the data stored by you at any time and free of charge. The third-party provider HubSpot has subjected itself to the requirements of the European data protection law by applying the standard contractual clauses of the EU Commission. The corresponding data protection agreement can be found on the website of the third-party provider: http://legal.hubspot.com/de/dpa, https://legal.hubspot.com/privacy-policy
With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.
Double-Opt-In and logging: The registration for our newsletter is done in a so-called Double-Opt-In procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the time of registration and confirmation as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for personal contact in the newsletter.
The dispatch of the newsletter and the associated measurement of success are based on the consent of the recipients in accordance with article 6 para. 1 lit. a, article7 DSGVO in conjunction with § 7 para. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing in accordance with article 6 para. 1 lt. f. DSGVO in conjunction with § article 7 para. 3 UWG.
The registration procedure is recorded on the basis of our legitimate interests in accordance with article 6 para. 1 lit. f DSGVO. We are interested in the use ofa user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and also allows us to prove consent.
Cancellation / revocation- You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter.We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to prove a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
The newsletters are sent via the mailing service provider "MailChimp", a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the mailing service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The mail order service provider is used on the basis of our legitimate interests according to article 6 para. 1 lit. f DSGVO and an order processing contract according to article 28 para. 3 sentence 1 DSGVO.
The mail-order service provider may use the recipient's data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services,e.g. for technical optimisation of the dispatch and presentation of the newsletters or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
Hosting and E-mail dispatch
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online offer.
For this purpose, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis ofour legitimate interests in an efficient and secure provision of this online offer in accordance with article 6 para. 1 lit. f DSGVO in conjunction with article 28 DSGVO (conclusion of contract processing agreement).
Collection of access data and log files
We, or our hosting provider, on the basis of our legitimate interests as defined in article 6 para. 1 lit. f. DSGVO collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited site), IP address and the requesting provider.
For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until final clarification of the respective incident.
Google Tag Manager
Google Tag Manager is a solution that allows us to manage so-called website tags via an interface (and thus integrate e.g. Google Analytics and other Google marketing services into our online offering). The Tag Manager itself (which implements the tags) does not process any personal user data. With regard to the processing of users' personal data, we refer to the following information on Google services.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf in order to evaluate the use of our websiteby the users, to compile reports on the activities within this website and to provide us with further services related to the use of this website and the internet. The processed data can be used to create pseudonymous user profiles of the users.
We only use Google Analytics with activated IP anonymisation. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-inavailable under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The personal data of users will be deleted or anonymised after 26 months.
Target group formation with Google Analytics
We use Google Analytics in order to display the advertisements placed within Google's advertising services and those of its partners only to those users who have also shown an interest in our online offer or who show certain characteristics (e.g. interests in certain topics or products determined by the websites visited) which we transmit to Google (so-called "remarketing" or" Google Analytics Audiences"). With the help of remarketing audiences, we also want to ensure that our ads match the potential interest of users.
Google AdWords and conversion measurement
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of article 6 para. 1 lit. f. DSGVO) the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").
Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the Google "AdWords" online marketing process to place ads on the Google advertising network (e.g. in search results, in videos, on web pages, etc.) to be displayed to users who have a presumed interest in the ads. This allows us to better target ads for and within our online services to show users only ads that potentially match their interests. For example, if a user is shown ads for products that he or she has shown an interest in on other websites, this is called "remarketing". For these purposes, when you visit our and other websites where the Google advertising network is active, Google executes code directly from Google and (re)marketing tags (invisible graphics or code, also known as "web beacons") are embedded in the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). This file records which websites the user has visited, what content he or she is interested in and which offers the user has clicked on, as well as technical information on the browser and operating system, referring websites, visiting time and other information on the use of the online offer.
We also receive an individual "conversion cookie". The information obtained with the help of the cookie is used by Google to compile conversion statistics for us. However, we only learn the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information that personally identifies users.
User datais processed pseudonymously within the Google advertising network. This means that Google does not store and process, for example, the name or e-mail address of the user, but processes the relevant data cookie-related within pseudonymous user profiles. This means that from Google's point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected about users is transmitted to Google and stored on Google's servers in the USA.
Facebook pixels, custom audiences and Facebook conversion
Within our online offer, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc, 1 Hacker Way, Menlo Park, CA94025, USA, or if you are resident in the EU, Facebook Ireland Ltd, 4 GrandCanal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes.
Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
On the one hand, the Facebook pixel enables Facebook to determine visitors to our online offering as a target group for the display of advertisements (so-called"Facebook ads"). Accordingly, we use the Facebook Pixel in order to display the Facebook Ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) which we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook Ads correspond to the potential interest of the users and do not appear annoying. With the help of the Facebook Pixel, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users are redirected to our website after clicking on a Facebook ad (so-called "conversion").
The processing of data by Facebook takes place within the framework of Facebook's data usage guidelines. Accordingly, general information on the display of Facebook ads is provided in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. Specific information and details about theFacebook pixel and its functionality can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.
You may object to the collection by the Facebook Pixel and use of your information to display Facebook Ads. To control what types of ads are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions for usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, meaning that they are applied to all devices, such as desktop computers or mobile devices.
Onlinepresence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of the irrespective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.
Integration of third-party services and content
Based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of article 6 para. 1lit. f. DSGVO), we use content or service offerings from third parties within our online offering in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of such content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore required to display this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. Pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain technical information on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being linked to such information from other sources.