Privacy Policy Patient

Last updated 01 September 2022

1. Purpose and Scope

This Privacy Policy applies with regard to the visiting and use of: patient.samedi.de and termin.samedi.de.

We process personal data (hereinafter referred to in general as “data”) only to the extent required and for the purpose of providing a functional and user-friendly website, including the contents and services offered therein.

In accordance with Article 4 No. 1. of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to simply as “GDPR”), “processing” shall mean any operation or set of operations performed on personal data, with or without the aid of automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, query, use, disclosure by transmission, dissemination or any other form of provision, matching or combination, restriction, deletion or destruction.

With the following Privacy Policy we inform you in particular about the type, scope, purpose, term and legal basis of the processing of personal data, insofar as we decide either independently or together with others on the purposes and means of processing. Moreover, we inform you in the following about the third-party components we use for optimisation purposes and in order to increase the quality of use insofar as third parties process data in turn on their own responsibility.

2. We as the Controller

The provider responsible for this website as well as for the personal data processed within the samedi patient account including any special data categories within the meaning of data protection law is:

samedi GmbH
represented by Katrin Alscher, Prof. Dr. Alexander Alscher, Dr. Benedikt Simon
Rigaer Str. 44
10247 Berlin
Germany
Tel.: +49 (0)30 21230707-0

mail: info@samedi.de

The provider’s data protection officer is:

Oliver Guderjahn
External data protection officer / business lawyer (LL. M.)
Kedua GmbH
Eichhorster Weg 80
13435 Berlin

Managing director: Ralf Schulze
HRB 4691 AG Neuruppin
Email: datenschutz@samedi.de

Any personal data processed within the scope of the doctor-patient relationship shall be the responsibility of the corresponding institution.

3. Log Files

For technical reasons data is transmitted to us via your Internet browser; particularly in order to provide a secure and stable website. Among other things, the type and version of your Internet browser, the operating system, the website from which you accessed our website (referrer URL), the page(s) of our website that you visit, the date and time of the respective access, as well as the IP address of the Internet connection from which use of our website takes place are collected using these so-called server log files.

The data collected in this manner is temporarily stored, but not together with any other data from you. The legal basis for such storage is provided by Article 6 Paragraph 1 lit. f) of the EU General Data Protection Regulation [GDPR]. Our legitimate interest lies in the improvement, stability, functionality and security of our website.

The data is deleted after seven days at the latest, unless further storage for the purpose of providing evidence is required. Otherwise, data shall be partially or entirely exempt from deletion until an issue has been finally clarified.

4. Cookies

We use cookies. Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.

You can manage the cookies via the cookie banner and configure your browser so that you are informed about the placement of cookies and only allow cookies in individual cases, while excluding the acceptance of cookies either for certain cases or in general, and activate automatic deletion of cookies once your browser is closed. However, the steps and measures required to this end depend on your specific Internet browser. If you have any questions, please use the help function or documentation provided with your Internet browser or contact the manufacturer or support. Should you prevent or restrict the installation of cookies, then this may, however, result in the fact that not all of our website functions are fully available.

The use of cookies required for operation of the homepage is based on Section 12 et seq. of the German Tele-Media Law [TMG] in accordance with Article 5 Paragraph 3 Sentence 2 2. Var. ePrivacy-RL [European Regulation on Privacy and Electronic Communications]. Insofar as other cookies (for example, cookies for the analysis of your surfing behaviour) are stored, these shall be treated separately in this Privacy Policy.

5. Analytical Tools and Marketing

a) Matomo

We use the open source web analytics service Matomo on our website which we host ourselves. We use “cookies” for this purpose. These are text files that are stored on your computer which allow analysis of your use of the website. The following information is collected from you:

the type and version of browser you are using
the operating system you are using
your country of origin
the date and time of the server request
the number of visits
the time you spend on the website and the external links you use
the first two bytes of your IP address

The information generated by the cookie about your use of this website is only stored on our server and is not passed on to third parties. In this case pseudonymous profiles of the users may be created from the processed data. These user profiles are deleted after six months at the latest. The cookies have a maximum validity of three months. Any storage of Matomo cookies and processing of your data is based on your consent in accordance with Article 6 Paragraph 1 lit. a of the EU General Data Protection Regulation.

Users may object to anonymised data collection by the Matomo program at any time with effect for the future by objecting to the processing in the Usercentrics Cockpit (button at the bottom left) or by selecting the so-called “Do Not Track” (DNT) setting in your browser.

6. Plug-ins and Tools

a) Google Maps

This site uses the map service Google Maps via an application programming interface [API]. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Your IP address must be stored in order for the functions provided by Google Maps to be used. As a rule this information is transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission.

The cookies have a maximum validity period of six months. The storage of the Google Maps cookies as well as the access to data stored in the cookies is based on your consent according to § 25 para. 1 TTDSG.

The legal basis for processing your personal data and transfer to the USA is therefore your consent in accordance with Article 6 Paragraph 1 lit. a) of the EU General Data Protection Regulation.

The transfer of the collected data to the USA is based on your consent pursuant to Art. 49 para. 1 lit. a DSGVO. The transfer of data to the USA is associated with risks, as EU citizens in the USA are in particular not protected from extensive possible data monitoring by the US secret services and other authorities.

More information on the handling of user data can be found in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/.

b) Usercentrics

We use the Usercentrics Consent Management Platform in order to obtain the legally required cookie consents (consent data) from visitors to our site. Consent data is understood as the following data:

date and time of visit or consent / refusal
device information
anonymised IP address

The processing of data is carried out for the purpose of compliance with statutory obligations (obligation to provide evidence in accordance with Article 7 Paragraph 1 EU GDPR) and the associated documentation of consents and thus on the basis of Article 6 Paragraph 1 lit. c) in conjunction with Section 12 25 Nr. 2et seq. of the German Tele-Media Law [TMG]

Local storage is used to store the data.

Consent data is stored for a period of three years. The data is stored in the European Union. Further information about the collected data as well as contact options can be found at https://usercentrics.com/privacy-policy/.

c) retarus GmbH / e-mail appointment reminders

To ensure the dispatch and delivery of automated e-mail reminders, we use the services of retarus GmbH, Aschauer Straße 30, 81549 Munich, Germany ("retarus"). When we send you an automatically generated e-mail, your e-mail address and the personal data required for the reminder are transmitted to retarus' servers in Germany, stored in retarus' log files and automatically deleted after 15 days at the latest. The legal basis for processing your personal data required for the reminder is your consent in accordance with Art. 6 Para. 1 lit. a EU GDPR and for possible health data Art. 9 Para. 2 lit. a EU GDPR. You can revoke your consent at any time with effect for the future. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation. In order to ensure that data is processed in accordance with data protection law, we have concluded an order processing contract with retarus.

d) retarus GmbH / SMS appointment reminders

To ensure the dispatch and delivery of automated SMS notifications, we use the services of retarus GmbH, Aschauer Straße 30, 81549 Munich, Germany ("retarus"). When we send you an automatically generated SMS, your mobile phone number and the personal data required for the reminder are transmitted to retarus' servers.

The legal basis for the processing of your personal data required for the reminder is your consent in accordance with Art. 6 Para. 1 lit. a EU GDPR and for possible health data Art. 9 Para. 2 lit. a EU GDPR. You can revoke your consent at any time with effect for the future. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.

In order to ensure that the processing of data complies with data protection law, we have concluded an order processing contract with retarus.

7. Registration for a samedi Patient Account and Use of Contractual Services

a) Personal data

You may register on our website by providing your name and e-mail address, thus creating a samedi patient account and making use of samedi GmbH services. Your registration enables us to offer you content or services which, due to the nature of the matter, may only be offered to registered users.

Unless otherwise specified in this Privacy Policy the personal data you enter in the mandatory fields shall be processed exclusively for provision of the contractual services. The legal basis for processing this data is thus provided by Article 6 Paragraph 1 lit. b) EU GDPR. We may arrange for transfer to one or more processors who will also use the personal data exclusively for internal use on our behalf.

In addition, by registering for a samedi patient account

the IP address assigned by the Internet service provider (ISP) of the data subject,
the date and
the time of registration are stored.

Storage of this data takes place against the background of the legitimate interest (Article 6 Paragraph 1 lit. f) EU GDPR) that only in this manner can misuse of our services be prevented and, if necessary, this data makes it possible to clarify any crimes that have been committed. Insofar, storage of this data is required for our protection. As a rule this data is not passed on to third parties unless there is a legal obligation to pass on the data or the data is passed on for the purpose of criminal prosecution.

In addition to the mandatory data, you also have the option of providing the following additional personal data as part of your consent pursuant to Art. 6 (1) a) EU GDPR during registration and within your account: Address data, mobile phone number, telephone number, insurance number, health insurance, communication data. Registered persons are free to change the personal data provided during registration and within the account at any time, to delete it from the samedi patient account themselves or to have the account deleted by us.

The controller shall provide any data subject at any time, upon request, with information on what personal data is stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the controller shall be available to the data subject as contact persons in this context.

b) Special personal data

Within your account you are given the opportunity to provide genetic data, biometric data for unique identification of a natural person as well as health data for specified purposes. Which special personal data is transmitted to us in this context is determined by the respective input mask used for registration and as part of the provision of services. Special data is processed only after the express consent of the data subjects has been obtained. The legal basis for the processing of special categories of data is thus Article 9 Paragraph 2 lit. a) of the EU General Data Protection Regulation.

Any personal data processed within the scope of the doctor-patient relationship shall be the responsibility of the corresponding institution.

c) Data encryption

The health data stored by the data subject in his or her personal user account in the health record is encrypted locally on the computer of the data subject and is only locally available in decrypted form on the computers of the data subject. Thus only data subjects are able to view this particularly sensitive data locally. samedi does not retain personal data in plain text, but rather only as cryptographic data (“crypto-data”) on the samedi servers. In contrast to pseudonymised data, samedi’s crypto data do not contain any individual information with regard to personal or factual circumstances, and for all intents and purposes, they are empty in terms of their information content. To this end samedi has designed and implemented a client-side encryption solution. This procedure ensures that the data can only be decrypted in the client system by authorised users. This approach is compliant with the specifications of the data protection officers of the federal and state governments – “Data Protection and Telemedicine - Requirements for Medical Networks 2002” (cf. https://www.datenschutz.rlp.de..., as of September 2020) – as it can be ensured that samedi is unable to take cognisance of any personal medical data. This means that there is no breach of medical confidentiality in accordance with Section 203 of the German Penal Code [StGB]. Likewise, the protection against seizure in accordance with Section 97 Paragraph 2 Sentence 2 of the German Code of Criminal Procedure [StPO] shall be relevant for samedi as a cloud service provider with encryption technology as protection against seizure for persons in the medical professions extends to service providers (such as samedi), provided that the latter processes data worthy of protection.

No special personal data shall be disclosed by samedi unless the customer has expressly given consent or samedi is obliged to disclose such data, for example due to a court or official order. If the contractual relationship between the customer and samedi is terminated, then samedi shall permanently delete the data stored in the user account within two weeks, unless the customer has expressly objected to deletion of the data and instructs samedi in this regard.

8. Finding a Physician / Booking an Appointment

By using our patient.samedi.de and termin.samedi.de sites you can search institutions and book appointments with them on-line. There are two ways to carry out booking. The respective institution decides which booking option is available to you.

a) Booking with a samedi patient account

To book an appointment, you must log in to your samedi patient account or create one beforehand. When booking an appointment the following personal data may be transmitted to the corresponding institution, depending on the query of the respective institution: Name, first name, date of birth, e-mail address, telephone number, address data, appointment data and purpose of the appointment, type of health insurance, contact data and medical data. The legal basis for transmission of the appointment request to the respective institution is provided by Article 6 Paragraph 1 lit. a) EU GDPR or Article 9 Paragraph 2 lit. a) EU GDPR for health data.

b) Booking as a guest

Furthermore, you have the option of booking an appointment with an institution as a guest. In this case, booking is also possible without a samedi patient account. Whether or not guest booking at an institution is possible depends solely on the respective institution. Depending on the institution’s decision, the following personal data may be transmitted to the corresponding institution when booking an appointment as a guest: Name, first name, e-mail, appointment data and purpose of the appointment, type of health insurance, contact data and health data. Mandatory data include: name, e-mail. The legal basis for transmission of the appointment request to the respective institution is provided by Article 6 Paragraph 1 lit. a) EU GDPR or Article 9 Paragraph 2 lit. a) EU GDPR for health data.

9. Customer Information and Newsletter

Within the scope of your samedi patient account you will be given the opportunity to subscribe to our company’s newsletter as well as additional customer information via e-mail messages. The e-mail is always sent to the e-mail address already stored in the user account and confirmed during registration. We use this data exclusively for sending the requested information and do not pass it on to third parties. Any processing takes place exclusively on the basis of your consent (Article 6 Paragraph 1 lit. a) EU GDPR).

You may cancel the subscription to our newsletter at any time. You will find a corresponding link in each newsletter for the purpose of revoking your consent. Furthermore, you may unsubscribe directly from the newsletter at any time in your user account or inform us of your decision via datenschutz@samedi.de. The legality of any data processing operations already carried out shall remain unaffected by such revocation.

The data you provide us with for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will then be deleted once you unsubscribe. However, any data that has also been stored by us for other purposes shall remain unaffected.

10. General Information and Contact Support

If you send us enquiries by post, e-mail or telephone, your details will be stored by us for the purpose of processing the enquiry, depending on the contact method, including the contact details you provide there. Your data will not be used for other purposes or passed on unless you give us your separate consent to do so. The legal basis for the processing of your personal data is your consent pursuant to Art. 6 (1) a) EU GDPR. You can revoke this consent at any time. To do so, simply send an informal message by email to: datenschutz@samedi.de. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation. As soon as we have fully processed your request, we will delete your personal data unless mandatory legal provisions - in particular retention periods - take precedence.

11. Recipients and Processing

We conclude processing / data protection agreements insofar as we use external service providers for whom commissioned data processing of our available personal data represents a (core) component of their processing activities. These external service providers are carefully selected and regularly monitored by us. They process personal data only on our behalf and strictly in accordance with our instructions on the basis of the relevant contract on commissioned processing / data protection agreement (Article 28 EU GDPR). For the processing of personal data that we carry out on behalf of a controller, we provide sufficient guarantees that we take appropriate technical and/or organisational measures so that the processing is in compliance with statutory provisions and ensures protection of the rights of data subjects.

Unless otherwise stated in this Privacy Policy, we transfer data to processors for the aforementioned purposes to

Filoo GmbH, Rhedaer Straße 25, 33330 Gütersloh: hosting services
Usercentrics GmbH, Sendlingerstr. 7, 80331 Munich: cookie consent banner
retarus GmbH, Aschauer Straße 30, 81549 Munich: e-mail dispatch
Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin: e-mail newsletter
Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen: STUN/TURN
Telekom T-Systems International GmbH Hahnstrasse 43d, 60528 Frankfurt am Main: hosting services

Furthermore, disclosure may be made to the following recipients:

institutions for which we act as processors, e.g. doctors, hospitals;
authorities, state regulators or other law enforcement agencies and courts, if required or permitted by law or if enforced by a binding order (Article 6 Paragraph 1 lit. f) EU GDPR or in accordance with other statutory provisions).

Your personal data shall not be forwarded to third parties unless in connection with the purposes listed. If necessary, we shall always inform you in advance and provide you with the opportunity to decide whether or not we may use your personal data in this deviating manner.

12. Transfer of personal data to third countries

When we transfer personal data outside the EU, we rely on an adequacy decision of the Commission (Art. 45 GDPR), on appropriate safeguards (Art. 46 GDPR) or, under Art. 49 GDPR, on the exemptions for a third country transfer.

13. Routine Erasure and Blocking of Personal Data

Unless otherwise stated in this Privacy Policy, personal data shall only be stored for the period of time required for the purpose of storage, unless otherwise required by law. After the purpose of storage has ceased to apply, personal data will be routinely blocked or erased in accordance with statutory provisions.

14. Rights of Users and Data Subjects

With regard to the data processing described above, users and data subjects shall be entitled to

a) Right of access

You have the right of access to personal data processed with regard to your person; that is, you have the right to obtain confirmation as to whether your personal data are processed or not. Insofar as this is the case, you have the right to access the personal data processed about you and certain additional information, as well as to receive a copy in a commonly used electronic format.

b) Right to rectification

You have the right to have inaccurate personal data concerning you corrected as well as the right to have incomplete personal data completed.

c) Right to erasure

You have the right to erasure of your personal data, subject to restrictions under applicable law. This is the case, for example, if the personal data are no longer necessary in relation to the purposes for which they are processed, you withdraw your consent and there is no other legal ground for the processing, or the processing of your personal data is not required for compliance with a legal obligation, or for the assertion, exercise or defence of legal claims.

d) Right to restriction of processing

You have the right to restrict your personal data, for example if you contest its accuracy or if you have objected to the processing as described above. In both cases, this right shall apply during the processing and verification of your request by us.

e) Right to withdraw your consent to data processing

If you have consented to a certain type of processing, then you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

f) Right to data portability

You have the right to have data that we automatically process on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request direct transfer of the data to another controller, then this will only be done to the extent technically feasible.

g) Right to object

You have the right to object if the processing is based on the weighing of interests in accordance with Article 6 Paragraph 1 Sentence 1 lit. e) or f) EU GDPR in order to request a reassessment of interests or to object to direct marketing. We will then carry out a new assessment and continue processing your personal data, despite your objection, only if we can demonstrate compelling legitimate grounds that override your interests.

h) Right to lodge a complaint with the competent supervisory authority

You may file a complaint if you believe that we have violated applicable data protection provisions in the processing of your personal data.

In addition, the provider shall be obliged to inform all recipients to whom data has been disclosed by the provider about any correction or erasure of data or restriction of processing that takes place on the basis of Articles 16, 17 Paragraph 1, 18 of the EU General Data Protection Regulation. However, this obligation shall not obtain insofar as this notification is impossible or involves disproportionate effort. Notwithstanding the above, the user shall have a right to information about t