This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") in the context of the provision of our services as well as within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profiles (hereinafter jointly referred to as "online offering"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Person responsible
Sophia Léonard
Gormannstraße 14
10119 Berlin
kontakt@psychoanalyse-berlin-mitte.de
Types of data processed
- Inventory data (e.g., personal master data, names or addresses).
- Contact data (e.g., email, 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 (hereinafter we refer to the data subjects collectively as “users”).
Purpose of processing
- Making the online offer, its functions and content available.
- Answering contact requests and communicating with users.
- Security measures.
- Reach measurement/marketing
Terms used
"Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); a natural person is considered identifiable if he or she can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" is any process or series of processes carried out with or without the aid of automated procedures in connection with personal data. The term is broad and covers practically every handling of data.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
The “controller” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of the processing of personal data.
“Processor” means a 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 Art. 13 GDPR, we inform you of the legal basis for our data processing. For users from the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEC, the following applies if the legal basis is not mentioned in the data protection declaration:
The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR. The legal basis for processing to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR; The legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR serves as the legal basis. The legal basis for the processing required to perform a task carried out in the public interest or in the exercise of official authority vested in the controller is Art. 6 (1) (e) GDPR. The legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. The processing of data for purposes other than those for which it was collected is governed by the provisions of Art. 6 (4) GDPR. The processing of special categories of data (according to Art. 9 (1) GDPR) is governed by the provisions of Art. 9 (2) GDPR.
Security measures
In accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to it, input, transfer, ensuring availability and separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and response to data threats. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings.
Cooperation with processors, joint controllers and third parties
If, as part of our processing, we disclose data to other persons and companies (processors, joint controllers or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfill the contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose data to other companies in our group of companies, transmit it or otherwise grant them access, this will be done in particular for administrative purposes as a legitimate interest and, in addition, on a basis that complies with the legal requirements.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this occurs in the context of the use of third-party services or disclosure or transmission of data to other persons or companies, this will only take place if it is necessary to fulfil our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transmission, we only process or have the data processed in third countries with a recognized level of data protection, which include the US processors certified under the "Privacy Shield" or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission).
Rights of the data subjects
Right to information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.
Right to rectification: You have the right, in accordance with the legal requirements, to request that the data concerning you be completed or that incorrect data concerning you be rectified.
Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with the legal requirements.
Right to data portability: You have the right to receive data concerning you that you have made available to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transmitted to another responsible party.
Complaint to the supervisory authority: You also have the right to lodge a complaint with the responsible supervisory authority in accordance with the legal requirements.
Right of withdrawal: You have the right to withdraw consent granted with effect for the future.
Right of objection: You have the right to object at any time to the processing of personal data concerning you based on Art. 6 (1) (e) or (f) GDPR for reasons arising from your particular situation; this also applies to profiling based on these provisions. If the personal data concerning you are processed in order to conduct direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct advertising.
Cookies and the right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Different information can be stored within cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be stored if the user visits the site after several days. Likewise, the interests of the user can be stored in such a cookie, which are used for reach 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 their cookies, they are referred to as “first-party cookies”).
We can use temporary and permanent cookies and explain this in our privacy policy. If we ask users for consent to the use of cookies (e.g. as part of a cookie consent), the legal basis for this processing is Art. 6 Para. 1 lit. a. GDPR. Otherwise, users’ personal cookies will be processed in accordance with the following explanations in this privacy policy on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online service within the meaning of Art. 6 Para. 1 lit. f. GDPR) or if the use of cookies is necessary to provide our contract-related services, in accordance with Art. 6 Para. 1 lit. b. GDPR, or if the use of cookies is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority, in accordance with Art. 6 Paragraph 1 Letter e. GDPR.
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 restrictions of this online offer. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case, not all functions of this online offer may be available.
Deletion of data
The data we process is deleted or restricted in accordance with legal requirements. Unless expressly stated in this data protection declaration, the data stored by us is deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion.
If the data is not deleted because it is required for other 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 reasons.
Changes and updates to the data protection declaration
We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as the changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
Agency services
We process our customers' data as part of our contractual services, which include conceptual and strategic advice.
We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., email, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g. as part of the evaluation and measurement of the success of marketing measures). We generally do not process special categories of personal data unless these are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is to provide contractual services, billing and our customer service. The legal basis for the processing arises from Art. 6 Para. 1 lit. b GDPR (contractual services), Art. 6 Para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that is required to establish and fulfill the contractual services and point out the necessity of providing it. Disclosure to external parties only occurs if it is required as part of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than those specified in the order.
We delete the data after statutory warranty and similar obligations have expired. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiry (6 years, in accordance with Section 257 Para. 1 HGB, 10 years, in accordance with Section 147 Para. 1 AO). In the case of data that was disclosed to us by the client as part of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.