Data protection

Psychotherapy TOKATA Privacy Policy

IntroductionWith the following data protection declaration, I would like to inform you about which types of your personal data (hereinafter also referred to as "data") I process, for what purposes and to what extent. This data protection declaration applies to all processing of personal data carried out by me, both in the context of the provision of my services and in particular on my websites, in mobile applications and within external online presences, such as my social media profiles (hereinafter collectively referred to as "online offer").The terms used are not gender-specific.Status: January 31, 2020

 

Table of contents

 

 

 

    IntroductionResponsible personOverview of processingRelevant legal basesSecurity measuresTransfer and disclosure of personal dataData processing in third countriesUse of cookiesContact usProvision of the online offer and web hostingPresences in social networksVideo conferences, online meetings, webinars and screen sharingPlugins and embedded functions and contentDeletion of dataChange and update of the data protection declarationRights of the data subjectsDefinitions

 

 

 

Information about the responsible person and data protection officer

 

Melanie Müller

 

Psychotherapy TOKATA

 

Buttlarstrasse 24, 36039 Fulda, Telephone: 49 15678655220 Email: info@psychotherapie-tokata.de

 

Imprint: https://www.psychotherapie-tokata.de/impressum

 


 

Overview of processing

 

The following overview summarises the types of data processed and the purposes of their processing and refers to the persons concerned.

 

 

 

Types of data processed

 

 

 

    Inventory data (e.g. names, addresses). Content data (e.g. text entries, photographs, videos). Contact details (e.g. email, telephone numbers). Meta/communication data (e.g. device information, IP addresses). Usage data (e.g. websites visited, interest in content, access times).

 

 

 

Categories of data subjects

 

 

 

    Communication partners.Users (e.g. website visitors, users of online services).

 

 

 

Purposes of processing

 

 

 

    Provision of our online offering and user-friendliness.Contact requests and communication.Contractual services and service.

 

 

 

Relevant legal bases Below we provide the legal bases of the General Data Protection Regulation (GDPR) on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, the national data protection regulations in your or our country of residence and domicile may apply.

 

 

 

    Consent (Art. 6 Para. 1 S. 1 lit. a GDPR) - The data subject has given his or her consent to the processing of personal data concerning him or her for a specific purpose or several specific purposes.Performance of a contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR) - The processing is necessary for the performance of a contract to which the data subject is a party or in order to carry out pre-contractual measures taken at the request of the data subject.Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR) - The processing is necessary to protect the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail.

 

 

 

National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. This includes in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). The BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission and automated decision-making in individual cases, including profiling. It also regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, the state data protection laws of the individual federal states may apply.Security measures We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order 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 and electronic access to the data as well as the access, input, forwarding, securing the availability and separation of data. Furthermore, we have set up procedures that ensure the exercise of the rights of those affected, the deletion of data and reactions to threats to the data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings. SSL encryption (https): In order to protect the data you transmit via our online offering, we use SSL encryption. You can recognise such encrypted connections by the prefix https:// in the address line of your browser.Transmission and disclosure of personal data As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organisational units or persons or that it is disclosed to them. The recipients of this data may include, for example, payment institutions as part of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and in particular conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.Data processing in third countries If we process data in a third country (ie outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place as part of the use of third-party services or the disclosure or transmission of data to other persons, bodies or companies, this will only be done in accordance with the legal requirements. Subject to express consent or contractually or legally required transmission, we only process or have the data processed in third countries with a recognized level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, if certifications or binding internal data protection regulations are in place (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de ). Use of cookies Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user's computer. A cookie is primarily used to store information about a user during or after their visit within an online offering. The information stored can include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was watched. The term cookies also includes other technologies that perform the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also known as "user IDs"). The following cookie types and functions are distinguished:

 

 

 

    Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online service and closed their browser. Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users that are used to measure reach or for marketing purposes can be stored in such a cookie. First-party cookies: First-party cookies are set by us ourselves. Third-party cookies: Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.Necessary (also: essential or absolutely necessary) cookies: Cookies can be absolutely necessary for the operation of a website (e.g. to save logins or other user inputs or for security reasons).Statistical, marketing and personalization cookies: Cookies are also usually used as part of reach measurement and when a user's interests or behavior (e.g. viewing certain content, using functions, etc.) on individual websites are saved in a user profile. Such profiles are used to show users content that corresponds to their potential interests, for example. This process is also referred to as "tracking", i.e. tracking the potential interests of users. If we use cookies or "tracking" technologies, we will inform you separately in our privacy policy or when obtaining consent.

 

 

 

Notes on legal bases: The legal basis on which we process your personal data using cookies depends on whether we ask you for consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is your declared consent. Otherwise, the data processed using cookies is processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offering and its improvement) or if the use of cookies is necessary to fulfill our contractual obligations. General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke consent given or to object to the processing of your data using cookie technologies (collectively referred to as "opt-out"). You can initially declare your objection using the settings in your browser, e.g. by deactivating the use of cookies (although this may also limit the functionality of our online offering). An objection to the use of cookies for online marketing purposes can also be declared using a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can receive further objection notices in the information about the service providers and cookies used. Processing of cookie data based on consent: Before we process or have data processed as part of the use of cookies, we ask users for consent that can be revoked at any time. Before consent has been given, cookies that are necessary for the operation of our online offer will be used. They are used on the basis of our interest and the interest of the users in the expected functionality of our online offer.

 

 

 

    Types of data processed: Usage data (e.g. interest in content, websites visited, access times), meta/communication data (e.g. IP addresses, device information). Affected persons: Users (e.g. users of online services, website visitors). Legal basis: Consent (Art. 6 Para. 1 Clause 1 lit. a GDPR), Legitimate Interests (Art. 6 Para. 1 Clause 1 lit. f. GDPR).

 

 

 

Contact When you contact us (e.g. via contact form, email, telephone or via social media), the details of the person making the inquiry are processed to the extent that this is necessary to answer the contact inquiries and any requested measures. Contact inquiries within the framework of contractual or pre-contractual relationships are answered to fulfill our contractual obligations or to answer (pre)contractual inquiries and otherwise on the basis of the legitimate interests in answering the inquiries.

 

 

 

    Types of data processed: inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos). Affected persons: communication partners. Purposes of processing: contact requests and communication. Legal basis: contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 lit. b. GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 lit. f. GDPR).

 

 

 

Information on how your data is processed can be found in our privacy policy. Provision of the online offer and web hosting In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we can use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services. The data processed as part of the provision of the hosting offer can include all information concerning the users of our online offer that arises as part of use and communication. This regularly includes the IP address, which is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or on websites. E-mail sending and hosting: The web hosting services we use also include the sending, receiving and storing of e-mails. For these purposes, the addresses of the recipients and senders as well as other information regarding the e-mail sending (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data can also be processed for the purposes of detecting SPAM. Please note that e-mails are generally not sent encrypted over the Internet. E-mails are usually encrypted during transport, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. We cannot therefore accept any responsibility for the transmission path of the e-mails between the sender and the reception on our server. Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files can be used for security purposes, e.g. to avoid overloading the servers (particularly in the case of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure the utilization of the servers and their stability.

 

 

 

    Types of data processed: 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). Affected persons: Users (e.g. website visitors, users of online services). Purpose of processing: Contractual services and service. Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 lit. f. GDPR).

 

 

 

Services and service providers used:

 

 

 

    1&1 IONOS: Hosting platform for e-commerce / websites; Service provider: 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany; Website: https://www.ionos.de ; Privacy policy: https://www.ionos.de/terms-gtc/terms-privacy .

 

 

 

Presences in social networks We maintain online presences within social networks in order to communicate with the users active there or to offer information about us there. We would like to point out that user data may be processed outside the European Union. This may result in risks for users because it could, for example, make it more difficult to enforce users' rights. Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, user profiles can be created based on user behavior and the resulting interests of users. The user profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on users' computers in which the user behavior and interests are stored. Furthermore, data can also be stored in the user profiles regardless of the devices used by the users (particularly if the users are members of the respective platforms and are logged in to them). For a detailed description of the respective processing methods and the options for objection (opt-out), please refer to the data protection declarations and information provided by the operators of the respective networks.

 

In the case of requests for information and the assertion of data subject rights, we would like to point out that these can be asserted most effectively with the providers. Only the providers have access to the user data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

 


 

 

 

    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)Affected persons: users (e.g. website visitors, users of online services).Purposes of processing: contact requests and communication, tracking (e.g. interest/behavior-related profiling, use of cookies), remarketing, reach measurement (e.g. access statistics, recognition of returning visitors).Legal basis: legitimate interests (Art. 6 Para. 1 Clause 1 lit. f. GDPR).

 

 

 

Services and service providers used:

 

 

 

    Facebook: Social network; Service provider: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; Website: https://www.facebook.com ; Privacy policy: https://www.facebook.com/about/privacy ; Possibility of objection (opt-out): Settings for advertisements: https://www.facebook.com/settings?tab=ads ; Additional information on data protection: Agreement on joint processing of personal data on Facebook pages: https://www.facebook.com/legal/terms/page_controller_addendum , Data protection information for Facebook pages: https://www.facebook.com/legal/terms/information_about_page_insights_data .

 

 

    Instagram: social network; service provider: Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA; website: https://www.instagram.com; privacy policy: https://instagram.com/about/legal/privacy.


    LinkedIn: Social network; Service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; Website: https://www.linkedin.com; Privacy policy: https://www.linkedin.com/legal/privacy-policy; Data processing agreement: https://legal.linkedin.com/dpa; Standard contractual clauses (guaranteeing data protection level when processing in third countries): https://legal.linkedin.com/dpa; Possibility of objection (opt-out): https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.


    Xing: Social network; Service provider: XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany; Website: https://www.xing.de; Privacy policy: https://privacy.xing.com/de/datenschutzerklaerung.



Video conferences, online meetings, webinars and screen sharing

 

We use platforms and applications from other providers (hereinafter referred to as “third-party providers”) for the purposes of conducting video and audio conferences, webinars and other types of video and audio meetings. When selecting third-party providers and their services, we observe the legal requirements.

 


 

In this context, data of the communication participants is processed and stored on the servers of third-party providers, insofar as this is part of communication processes with us. This data can include in particular registration and contact data, visual and vocal contributions as well as entries in chats and shared screen content.

 


 

If users are referred to third-party providers or their software or platforms as part of communication, business or other relationships with us, the third-party providers may process usage data and metadata for security purposes, service optimization or marketing purposes. We therefore ask you to observe the data protection notices of the respective third-party providers.

 


 

Notes on legal bases: If we ask users for their consent to the use of third-party providers or certain functions (e.g. consent to the recording of conversations), the legal basis for processing is consent. Furthermore, their use can be a component of our (pre)contractual services, provided that the use of third-party providers was agreed within this framework. Otherwise, the user data is processed on the basis of our legitimate interests in efficient and secure communication with our communication partners. In this context, we would also like to refer you to the information on the use of cookies in this data protection declaration.

 

 

 

    Types of data processed: inventory data (e.g. addresses, names), contact data (e.g. telephone numbers, e-mail), content data (e.g. text entries, videos, photographs), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses). Affected persons: communication partners, users (e.g. website visitors, users of online services). Purposes of processing: contractual services and service, office and organizational procedures, contact requests and communication, direct marketing (e.g. by e-mail or post). Legal basis: consent (Art. 6 Para. 1 S. 1 lit. a GDPR), contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

 

 

 


 

Services and service providers used:

 

 

 

    Zoom: Chats and live streams; Service provider: Zoom Video Communications, Inc. 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113 Website: https://zoom.us/; Privacy policy: https://zoom.us/de-de/privacy.html.

 

 

 


 

Plugins and embedded functions and content

 

We integrate functional and content elements into our online offering that are obtained from the servers of their respective providers (hereinafter referred to as "third-party providers"). These can be, for example, graphics, videos or social media buttons as well as contributions (hereinafter uniformly referred to as "content"). The integration always requires that the third-party providers of this content process the IP address of the users, since without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content or functions. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, the time of the visit and other information about the use of our online service, as well as be linked to such information from other sources. Notes on legal bases: If we ask users for their consent to use third-party providers, the legal basis for processing data is consent. Otherwise, the user's data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

 

 

 

    Types of data processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses)Affected persons: Users (e.g. website visitors, users of online services).Purposes of processing: Provision of our online offer and user-friendliness, contractual services and service.Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 lit. f. GDPR).

 

 

 

Services and service providers used:

 

 

 

    Google Fonts: We integrate the fonts ("Google Fonts") of the provider Google, whereby the user data is used solely for the purpose of displaying the fonts in the user's browser. The integration is based on our legitimate interests in a technically secure, maintenance-free and efficient use of fonts, their uniform display and taking into account possible licensing restrictions for their integration. Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://fonts.google.com/ ; privacy policy: https://policies.google.com/privacy . Google Maps: We integrate the maps of the "Google Maps" service of the provider Google. The data processed may include in particular IP addresses and location data of the users, which, however, are not collected without their consent (usually carried out as part of the settings of their mobile devices). Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://maps.google.de ; privacy policy: https://policies.google.com/privacy ; possibility of objection (opt-out): opt-out plug-in: https://tools.google.com/dlpage/gaoptout?hl=de , settings for the display of advertisements: https://adssettings.google.com/authenticated .

 

 

 

Instagram: social network; service provider: Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA; website: https://www.instagram.com; privacy policy: https://instagram.com/about/legal/privacy. Deletion of data The data we process is deleted in accordance with legal requirements as soon as the consent permitted for processing is revoked or other permissions no longer apply (e.g. if the purpose of processing this data no longer applies or it is no longer required for the purpose). If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person. Further information on the deletion of personal data can also be found in the individual data protection notices of this data protection declaration. Changes and updates to the privacy policy We ask you to regularly inform yourself about the content of our privacy policy. We will adapt the privacy policy as soon as 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. If we provide addresses and contact information for companies and organizations in this privacy policy, please note that the addresses may change over time and please check the information before contacting us. Rights of the data subjects As a data subject, you have various rights under the GDPR, which arise in particular from Art. 15 to 18 and 21 GDPR:

 

 

 

    Right to object: You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) (e) or (f) GDPR, for reasons related to 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.Right of withdrawal of consent: You have the right to withdraw consent given at any time.Right to information: You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with the statutory requirements.Right to rectification: In accordance with the statutory requirements, you have the right to request that the data concerning you be completed or that inaccurate data concerning you be rectified.Right to erasure and restriction of processing: In accordance with the statutory requirements, you have the right to request that data concerning you be erased immediately or, alternatively, to request that the processing of the data be restricted in accordance with the statutory 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 statutory requirements or to request that it be transmitted to another responsible party. Complaint to the supervisory authority: You also have the right, in accordance with the statutory provisions, to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the alleged infringement, if you believe that the processing of personal data concerning you violates the GDPR. A list of supervisory authorities (for the non-public sector) with addresses can be found at: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

 

 

 


 

Definitions of termsThis section provides you with an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and are defined primarily in Art. 4 GDPR. The legal definitions are binding. The following explanations, however, are intended primarily to aid understanding. The terms are sorted alphabetically.Personal data: "Personal data" is all information relating 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 reference 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.Responsible person: The "responsible person" is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.Processing: "Processing" is any operation or series of operations 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, be it collection, evaluation, storage, transmission or deletion.Created with free Datenschutz-Generator.de by Dr. Thomas Schwenke
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