GDPR

Data protection declaration S&P according to General Data Protection Regulation (GDPR)

The processing of personal data, for example the name, address, email address or telephone number of a person concerned, always takes place in accordance with the current European General Data Protection Regulation (EU-DS-GVO) or the new Federal Data Protection Act (BDSG) and in accordance with the country-specific data protection regulations applicable to S&P.

By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed about their rights by means of this data protection declaration.

As the controller or processor, S&P has implemented the relevant technical and organizational measures to ensure the most complete protection of the personal data available at our company headquarters and with regard to the personal data processed via our website or personal data from other sources. Regarding the Internet: However, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us in alternative ways, for example by telephone.

1. DEFINITIONS

S & P's data protection declaration is based on the terms used by the European directive and regulation giver when the General Data Protection Regulation (GDPR) was adopted. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. In order to ensure this, we would like to explain the terminology used in advance.

We use the following terms in this data protection declaration:

a) Personal data

Personal data is all information that relates to an identified or identifiable natural person (hereinafter "data subject"). A natural person is regarded as identifiable who, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.

b) Affected person

The person concerned is any identified or identifiable natural person whose personal data is processed by the person responsible for processing or the processor commissioned by him.

c) Processing

Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data such as the collection, recording, organization, ordering, storage, adaptation or change, reading, querying, the use, the disclosure by transmission, distribution or any other form of provision, the comparison or the linking, the restriction, the deletion or the destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

e) Profiling

Profiling is any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation and health to analyze or predict personal preferences, interests, reliability, behavior, whereabouts or change of location of this natural person.

f) Pseudonymization

Pseudonymization is the processing of personal data in a way in which the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data are not assigned to an identified or identifiable natural person.

g) Responsible - or responsible for the processing

The person responsible or the person responsible for processing (processor) 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. If the purposes and means of this processing are specified by Union law or the law of the member states, the person responsible or the specific criteria for his appointment can be provided for in accordance with Union law or the law of the member states.

h) Processors

Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible. The term processor applies to S&P in particular, due to the commissioning of responsible parties or clients.

i) Recipient

The recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. Authorities that may receive personal data as part of a specific investigation according to Union law or the law of the member states are not considered recipients.

j) Third party

A third party is a natural or legal person, authority, institution or other body apart from the data subject, the person responsible, the processor and the persons who are authorized to process the personal data under the direct responsibility of the person responsible or the processor.

k) Consent

Consent is any voluntary expression of intent given by the person concerned in an informed manner and unambiguously in the form of a declaration or other unambiguous confirmatory act with which the person concerned indicates that they are processing their data I agree to the personal data concerned.

2. NAME AND ADDRESS OF THE RESPONSIBLE FOR THE PROCESSING

Our person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions with a data protection character is:

S&P Dr. Schneider Healthcare Consulting Partners GmbH (short form: S&P)

Finnlandring 1

D-23669 Timmendorfer Strand

Deutschland

Tel.: +49-4503-779789-0

Fax: +49-4503-779789-29

Web: www.shccp.de

3. COLLECTION OF GENERAL DATA AND INFORMATION

The S&P website collects a range of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the server's log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the Sub-web pages that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, S&P does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) the long-term functionality of our information technology systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore statistically and further evaluated by S&P on the one hand with the aim of increasing data protection and data security in our company in order to ultimately provide an optimal level of protection for the personal data we process to ensure. The anonymous data in the server log files are stored separately from all personal data provided by a person concerned.

4. POSSIBILITY OF CONTACT VIA OUR WEBSITE

Due to legal regulations, the S&P website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a person concerned contacts us - i.e. the person responsible for processing - by email or using the contact form on our website, the personal data transmitted by the person concerned will be automatically saved. Such personal data transmitted on a voluntary basis by a person concerned to the person responsible for processing are stored for the purposes of processing or contacting the person concerned. This personal data is not passed on to third parties.

5. ROUTINE DELETION AND BLOCKING OF PERSONAL DATA

The person responsible for processing - that is, we as S&P - processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose, or if this is stipulated by the European directives and regulations or another legislator in laws or regulations to which the controller is subject has been provided.

If the purpose of storage no longer applies or if a storage period prescribed by the European directives and regulations or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

6. DATA SUBJECT RIGHTS

a) Right to confirmation

Every person concerned has the right granted by the European directive and regulation giver to request confirmation from the person responsible for the processing as to whether personal data concerning them are being processed. If a person concerned wishes to exercise this right to confirmation, they can contact our data protection officer or another employee of the person responsible for processing at any time.

b) Right to information

Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive free information about the personal data stored about him and a copy of this information from the person responsible for processing at any time. Furthermore, the European legislator of directives and regulations has granted the data subject access to the following information:

• the processing purposes,
• the categories of personal data that are processed,
• the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular for recipients in third countries or international organizations,
• If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration,
• the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing,
• the right to lodge a complaint with a supervisory authority,
• if the personal data are not collected from the data subject: all available information on the origin of the data,
• the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the person concerned ,
• Furthermore, the data subject has the right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject has the right to receive information about the appropriate guarantees in connection with the transmission.

If a person concerned would like to exercise this right to information, they can contact the S&P data protection officer at any time.

S & P's data protection officer is:

Dr. med. Horst Mertens, M.B.A.

Tel .: + 49-4503-779789-11

Mobile: + 49-171-851 78 31

c) Right to rectification

Every person affected by the processing of personal data has the right granted by the European directives and regulations to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - also by means of a supplementary declaration.

If a data subject wishes to exercise this right to rectification, he or she can contact our data protection officer or another employee of the controller at any time.

d) Right to erasure (right to be forgotten)

Every person affected by the processing of personal data has the right granted by the European directives and regulations to demand that the person responsible delete the personal data concerning them immediately, provided that one of the following reasons applies and if the processing does not is required:

• The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
• The data subject revokes their consent on which the processing was based in accordance with Art. 6 Paragraph 1 Letter a GDPR or Art. 9 Paragraph 2 Letter a GDPR, and there is no other legal basis for the processing.
• The data subject objects to the processing in accordance with Art. 21 Paragraph 1 GDPR, and there are no overriding legitimate reasons for the processing, or the data subject objects in accordance with Art. 21 Paragraph 2 GDPR Objection to the processing.
• The personal data was processed unlawfully.
• The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject.
• The personal data was collected in relation to the services offered by the information society in accordance with Art. 8 Para. 1 GDPR.

If one of the above-mentioned reasons applies and a person concerned wishes to have personal data stored at S&P GmbH deleted, they can contact the S&P data protection officer at any time. The data protection officer of S&P or another employee will arrange for the deletion request to be fulfilled immediately.

If the personal data has been made public by S&P and our company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Para. 1 GDPR, S&P takes appropriate measures, taking into account the available technology and the implementation costs of a technical nature, in order to notify other data processors who process the published personal data that the data subject has requested the deletion of all links to this personal data or from these other data processors Has requested copies or replications of this personal data, insofar as the processing is not necessary. The data protection officer of S&P or another employee will arrange the necessary in individual cases.

e) Right to restriction of processing

Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand that the controller restrict the processing if one of the following conditions is met:

• The correctness of the personal data is contested by the data subject, for a period of time that enables the person responsible to check the correctness of the personal data.
• The processing is unlawful, the person concerned refuses to delete the personal data and instead requests that the use of personal data be restricted.
• The person responsible no longer needs the personal data for the purposes of processing, but the person concerned needs them to assert, exercise or defend legal claims.
• The data subject has objected to processing in accordance with. Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the person concerned.
• If one of the above conditions is met and a person concerned would like to request the restriction of personal data stored at S&P, they can contact the S&P data protection officer at any time. S & P's data protection officer or another employee will arrange for the processing to be restricted.

f) Right to data portability

• Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to transfer the personal data concerning them, which the person concerned has provided to a responsible person, in a structured, common and machine-readable format receive. It also has the right to transfer this data to another person responsible without hindrance from the person responsible to whom the personal data was made available, provided that the processing is based on consent pursuant to Art. 6 Para. 1 Letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract according to Art. 6 para. 1 letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is specified in is in the public interest or takes place in the exercise of public authority which has been transferred to the person responsible.
• Furthermore, when exercising their right to data transferability in accordance with Art. 20 (1) GDPR, the data subject has the right to have the personal data transferred directly from one person responsible to another person - e.g. also by S&P - to the extent that this is technically feasible and provided that this does not affect the rights and freedoms of other people.
• To assert the right to data portability, the person concerned can contact the S&P data protection officer or another employee at any time.

g) Right to object

Every person affected by the processing of personal data has the right granted by the European directive and regulation giver, for reasons that arise from their particular situation, to object at any time to the processing of personal data relating to them based on Art. 6 Para . 1 letter e or f DS-GVO takes place, to object. This also applies to profiling based on these provisions.

In the event of an objection, SPP will no longer process the personal data, unless S&P can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal rights -proverbs.

If S&P processes personal data in order to operate direct mail, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is related to such direct advertising. If the person concerned objects to S&P processing for direct marketing purposes, S&P will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons that arise from their particular situation, to object to the processing of personal data concerning them that is carried out at S&P for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS- GMOs, to object, unless such processing is necessary to fulfill a task in the public interest.

To exercise the right to object, the data subject can contact the S&P data protection officer directly. In connection with the use of information society services, irrespective of Directive 2002/58 / EC, the person concerned is also free to exercise their right of objection by means of automated procedures in which technical specifications are used.

h) Automated decisions in individual cases including profiling

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subjected to a decision based solely on automated processing - including profiling - which has legal effects or similar effects Manner, if the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the person responsible, or (2) is permissible on the basis of Union or Member State legislation to which the person responsible is subject and these legal provisions contain appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) takes place with the express consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the person responsible, or (2) it is made with the express consent of the data subject, S&P takes appropriate measures to safeguard the rights and freedoms and the legitimate To protect the interests of the data subject, including at least the right to obtain intervention by a person on the part of the person responsible, to express one's own point of view and to contest the decision.

If the person concerned wishes to assert rights with regard to automated decisions, they can contact our data protection officer or another employee of the person responsible for processing at any time.

i) Right to withdraw consent under data protection law

Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to revoke their consent to the processing of personal data at any time.

If the person concerned wishes to assert their right to revoke their consent, they can contact our data protection officer or another employee of the person responsible for processing at any time.

7. LEGAL BASIS OF PROCESSING

Art. 6 I lit. a GDPR serves our company S&P as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, so the processing is based on Art. 6 I lit. b GDPR.

The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our consulting products or consulting services. If our company is subject to a legal obligation that requires the processing of personal data, for example to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR.

In rare cases, the processing of personal data may be necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO.

Ultimately, processing operations could be based on Art. 6 I lit. f GDPR.

Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis, if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not prevail. We are particularly permitted to process such processes because they have been specifically mentioned by the European legislator. In this respect, the legislature took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 GDPR).

8. LEGITIMATE INTERESTS IN PROCESSING PURSUED BY THE CONTROLLER OR A THIRD PARTY

If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business activities for the benefit of all our employees and our shareholders.

9. DURATION FOR WHICH THE PERSONAL DATA WILL BE STORED

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the relevant data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.

10. LEGAL OR CONTRACTUAL PROVISIONS FOR THE PROVISION OF PERSONAL DATA; REQUIREMENT FOR CONCLUSION OF A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE

We explain to you that the provision of personal data is in part required by law (e.g. tax regulations) or may result from contractual regulations (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data that we subsequently have to process. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them.

Failure to provide personal data would mean that the contract could not be concluded with the person concerned.

Before the person concerned provides personal data, the person concerned must contact our data protection officer. Our data protection officer informs the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.

11. EXISTENCE OF AUTOMATED DECISION MAKING

As a responsible company, we do not use automatic decision-making or profiling.

S&P GmbH

Order according to Art. 28 DS-GVO between our company (client) and Hetzner Online GmbH (contractor)

For reasons of sustainable security of data from our website, we have already established a processing contract (AV contract) in accordance with Article 28 DS-GVO with the company Hetzner Online GmbH, Gunzenhausen (www.hetzner.com), signed already March 3rd, 2018.

Further and also for reasons of sustainable security of data from our website, we have established a processing contract (AV contract) in accordance with Article 28 DS-GVO with the company Google, per May 25th, 2018.

S&P GmbH, May 25th, 2018