Name and Address of the Controller
The Controller, i.e. the person responsible within the meaning of the General Data Protection Regulation, other data protection laws in force in the Member States of the European Union, and other provisions of a data protection nature is:
European Patient Safety Foundation
Domus Medica Europea
Univ.-Prof. Dr. med. Dr. h. c. Hugo Van Aken
24 rue de l’industrie
Name and address of the Data Protection Officer
The data protection officer in charge of data controlling:
Univ.-Prof. Dr. med. Dr. h. c. Hugo Van Aken
Any data subject can contact our data protection officer directly at any time for any data protection concerns.
Data protection statement
Thank you for your interest in our company. Data protection is of particular importance to the management of the European Patient Safety Foundation (EUPSF) Use of the Internet pages of the European Patient Safety Foundation (EUPSF) is generally possible without any specification of personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject. The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and the national data protection regulations applicable to the European Patient Safety Foundation (EUPSF) by means of this data protection statement, 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, the persons concerned will be informed of their rights by means of this data protection statement. The European Patient Safety Foundation (EUPSF) as data controller, has implemented numerous technical and organizational measures to ensure the most complete possible protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can have security gaps so that absolute data privacy cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of the European Patient Safety Foundation (EUPSF) is based on the terms used by the European Directive and Regulation Legislation when adopting the General Data Protection Regulation (GDPR). Our data protection statement should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this data protection statement we use the following terms, among others:
- Personal data
Personal data are all information relating to an identified or identifiable natural person (hereinafter "data subject"). Identifiable is a natural person who 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 or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
- Data subject
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the acquisition, collection, organization, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
- Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
Pseudonymisation is the processing of personal data in such a way that 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 kept separately and is subject to technical and organizational measures which ensure that the personal data are not assigned to an identified or identifiable natural person.
The data controller or controller is the natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his appointment may be laid down in accordance with Union law or the law of the Member States.
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.
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. However, authorities which may receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
- Third parties
A third party is a natural or legal person, authority, institution or other body other than the data subject, the data processor, the data processor and the persons authorized to process the personal data under the direct responsibility of the data processor or the data processor.
Consent shall mean any informed and unequivocal expression of will voluntarily provide by the data subject in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her.
- Personal data
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable under certain circumstances.
- Collection of General Data and Information
The website of the European Patient Safety Foundation (EUPSF) collects a series of general data and information each time a person or automated system accesses the website. This general data and information is stored in the log files of the server. We may record (1) the 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-websites which 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 providers of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using this general data and information, the European Patient Safety Foundation (EUPSF) does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. These anonymously collected data and information are collected by the Science Foundation of the Clinic for Anesthesiology and Intensive Care of the University Münster e.V. with the aim of increasing data protection and data security in our company in order ultimately to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
- Registration on our Website
The data subject has the option of registering on the website of the controller by providing personal data. The personal data transferred to the controller are determined by the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for the data subject's own purposes. The controller may arrange for the data to be transferred to one or more processors, such as a parcel service, who also uses the personal data exclusively for internal use attributable to the controller. Furthermore, the IP address assigned by the Internet Service Provider (ISP) to the data subject, the date and time of registration are stored by registration on the website of the data controller. These data are stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable us to investigate criminal offenses committed. In this respect, the storage of these data is necessary to protect the data controller. These data will not be passed on to third parties unless required to do so by law or for the purpose of criminal prosecution. Registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services which, by their nature, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the database of the data controller. The controller shall at all times, upon request, inform each data subject of the personal data relating to that data subject. Furthermore, the controller shall correct or delete personal data at the request or notice of the data subject, provided that there is no legal obligation to keep such data in safekeeping. A data protection officer named in this data protection statement and all the employees of the controller are available to the data subject as contact persons in this context.
- Subscription to our Newsletter
On the website of the European Patient Safety Foundation (EUPSF), users are given the opportunity to subscribe to our company's newsletter. Which personal data are transmitted to the person responsible for processing when ordering the newsletter is determined by the input mask used for this purpose. The European Patient Safety Foundation (EUPSF) regularly informs its customers and business partners about company offers by means of a newsletter. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter dispatch. For legal reasons, a confirmation email in the double opt-in procedure is sent to the email address entered by the data subject for the first time when requesting the newsletter. This confirmation email serves to check whether the owner of the email address has authorized the receipt of the newsletter as the data subject. When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration assigned by the Internet Service Provider (ISP) as well as the date and time of registration. The collection of these data is necessary in order to trace the (possible) misuse of a person's email address at a later point in time and therefore serves the legal protection of the data controller. The personal data collected when registering for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter may be informed by email if this is necessary for the operation of the newsletter service or for registration, as could be the case in the event of changes to the newsletter offer or changes in the technical conditions. The personal data collected in the context of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking your consent, you will find a corresponding link in every newsletter. It is also possible at any time to unsubscribe directly from the newsletter dispatch on the data controller's website or to inform the data controller in another way.
- Newsletter Tracking
The newsletters of the European Patient Safety Foundation (EUPSF) contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Using the embedded pixel-code, the European Patient Safety Foundation (EUPSF) recognizes if and when an email was opened by an affected person and which links in the email were called up by the affected person. Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimize the dispatch of the newsletter and to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Persons concerned are entitled at any time to revoke the respective separate statement of consent given via the double opt-in procedure. After revocation, these personal data will be deleted by the data controller. The European Patient Safety Foundation (EUPSF) shall automatically deem any unsubscribing from the newsletter as a cancellation.
- Contact Options via the Website
The website of the European Patient Safety Foundation (EUPSF) contains, due to legal regulations, information that permits the rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the data controller via email or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data will not be passed on to third parties.
- Comment Function in the Blog on our Website
The European Patient Safety Foundation (EUPSF) offers users the opportunity to leave individual comments on individual blog posts on a blog located on the controller's website. A blog is a portal on a website, usually open to the public, in which one or more people who are called bloggers or web bloggers can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented by third parties. If a person leaves a comment in the blog published on this website, not only the comments left by the data subject but also details of the time of entering the comment and the user name (pseudonym) chosen by the data subject are stored and published. Furthermore, the IP address assigned to the data subject by the Internet service provider (ISP) is logged. This IP address is stored for security reasons and in the event that the data subject violates the rights of third parties or posts illegal content by submitting a comment. The storage of this personal data is therefore in the personal interest of the data controller, so that he or she can exculpate himself or herself in the event of a violation of the law. The personal data collected will not be disclosed to third parties unless such disclosure is required by law or serves the legal defense of the data controller.
- Subscription to Comments in the Blog on our Website
The information published in the blog of the European Patient Safety Foundation (EUPSF) can be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to the comments that follow his comment on a particular blog post. If a data subject chooses to subscribe to comments, the controller sends an automatic confirmation email to double opt-in to verify that the owner of the specified email address has actually chosen this option. The option to subscribe to comments can be cancelled at any time.
- Rights of Data Subjects
- Right to confirmation
Every data subject shall have the right granted by the European Directive and Regulation Legislation to require the controller to confirm whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right of confirmation, he/she may contact our data protection officer or another employee of the controller at any time.
- Right to information
Any data subject concerned by the processing of personal data shall have the right granted by the European Directive and Regulation Legislation to obtain, at any time and free of charge, information from the controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European Directive and Regulation Legislation has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data to be processed
- the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular 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 of rectification or deletion of personal data concerning him or of a restriction on processing by the controller or of a right of opposition to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data is not collected from the data subject: All available information about 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 on the logic involved and the scope and intended effects of such processing for the data subject
If a data subject wishes to exercise this right to information, he or she may contact our data protection officer or another employee of the data controller at any time.
- Right to corrections
Any data subject affected by the processing of personal data shall have the right granted by the European Directive and Regulation Legislation to request the immediate correction of inaccurate personal data concerning him/her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right of rectification, he/she may contact our data protection officer or another employee of the controller at any time.
- Right to deletion (Right to be forgotten)
Any data subject affected by the processing of personal data shall have the right granted by the European Directive and Regulation Legislation to require the data controller to request that the personal data concerning him/her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
- The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject withdraws his/her consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
- The data subject files an objection to the processing pursuant to Art. 21 Sect. 1 GDPR and there are no overriding legitimate reasons for the processing, or the data subject files an objection to the processing pursuant to Art. 21 Sect. 2 GDPR.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Art. 8 Sect. 1 GDPR.
If the personal data were made public by the European Patient Safety Foundation (EUPSF) and our company is responsible pursuant to Art. 17 Sect. 1 GDPR, the European Patient Safety Foundation (EUPSF) taking into account the available technology and the implementation costs, takes appropriate measures, including technical measures, to inform 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 of copies or replications of this personal data from these other data processors, insofar as the processing is not necessary. The data protection officer of the European Patient Safety Foundation (EUPSF) or another employee will take the necessary steps in individual cases.
- Right to restricted processing
Any data subject affected by the processing of personal data shall have the right granted by the European Directive and Regulation Legislation to require the controller to restrict the processing if one of the following conditions is met:
• The accuracy of the personal data is disputed by the data subject for a period that enables the data controller to verify the accuracy of the personal data.
• The processing is unlawful; the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
• The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
• The data subject has filed an objection against the processing pursuant to Art. 21 Sect. 1 GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by the European Patient Safety Foundation (EUPSF) he can contact our data protection officer or another employee of the data controller at any time. The data protection officer of the European Patient Safety Foundation (EUPSF) or another employee will have the processing restricted.
- Right to data transferability
Any data subject shall have the right granted by the European Directive and Regulation Legislation to receive personal data relating to him/her provided by the data subject to a data controller in a structured, current and machine-readable format. It also has the right to transmit this data to another data controller without obstruction by the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract in accordance with Article 6(1)(b) GDPR and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority entrusted to the controller.
Furthermore, in exercising his/her right to data transferability pursuant to Art. 20 Sect. 1 GDPR, the data subject has the right to obtain that the personal data be transferred directly from one data controller to another data controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not affected by this.
To assert the right to data transferability, the data subject may contact the data protection officer appointed by the European Patient Safety Foundation (EUPSF), or another employee at any time.
- Right to objection
Any data subject affected by the processing of personal data shall have the right granted by the European Directive and Regulation Legislation for reasons arising from their particular situation to object at any time to the processing of personal data concerning them under Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The European Patient Safety Foundation (EUPSF) no longer processes personal data in the event of an objection, unless we can prove compelling reasons worthy of protection for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If the European Patient Safety Foundation (EUPSF) processes personal data for direct marketing purposes, the data subject 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 connected with such direct advertising. If the data subject objects to the European Patient Safety Foundation (EUPSF) processing for direct marketing purposes, the European Patient Safety Foundation (EUPSF) will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data relating to him/her for scientific or historical research purposes or for statistical purposes at the European Patient Safety Foundation (EUPSF) pursuant to Art. 89 (1) GDPR, unless such processing is necessary to fulfil a task in the public interest.
- Automated decisions in individual cases, incl. profiling
Any data subject affected by the processing of personal data shall have the right granted by the European Directive and Regulation Legislation not to be subject to a decision based exclusively on automated processing, including profiling, which has legal consequences against him or significantly affects him in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is admissible under Union or Member State law to which the data controller is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) 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 data controller or (2) is taken with the express consent of the data subject, the European Patient Safety Foundation (EUPSF) shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a data controller, to state his own position and to challenge the decision.
If the data subject wishes to assert rights relating to automated decisions, he/she may contact our data protection officer or any other employee of the controller at any time.
- Right to revoke consent under the Data Protection Law
Any data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Legislation to revoke consent to the processing of personal data at any time.
- Right to confirmation
- Data protection regulations regarding the use and application of Matomo (formerly PIWIK)
The Controller has integrated the Matomo component on this website. Matomo is an open source software tool for web analysis. Web analysis is the acquisition, collection and evaluation of data on the behaviour of visitors to Internet sites. A web analysis tool collects, among other things, data on which website a data subject came to a website (so-called referrer), which subpages of the website were accessed, or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize a website and for cost-benefit analysis of Internet advertising.
The software is operated on the server of the data controller; the data protection-sensitive log files are stored exclusively on this server.
The purpose of the Matomo component is to analyse the flow of visitors to our website. The data controller uses the data and information obtained to evaluate the use of this website in order to compile online reports showing the activities on our website.
Each time one of the individual pages of this website is accessed, the Internet browser on the information technology system of the data subject is prompted by the Matomo component to automatically transmit data to our server for the purpose of online analysis.
During your visit to the pages of this website, we obtain information about personal data, such as the IP address of the data subject, which among other things enables us to trace the origin of visitors and clicks. However, the IP address of the visitor to the website is only stored in an anonymous form. The last two digits of the IP address (the last two octets of the IP address) are deleted prior to analysis and storage.
Furthermore, the data subject has the possibility to object to and prevent the use of data related to this website by the Matomo components.
This can be done in the following ways:
1. The data subject activates the transmission of the so-called "Do Not Track" header on his/her information technology system (e.g. the internet browser) in the request to our website. Further information can be found at https://de.wikipedia.org/wiki/Do_Not_Track_(Software). You will find the corresponding configuration options of the Internet browser under the topics of security and data protection, for example under the keywords "Send Do Not Track request" or "Send Do Not Track information". The functionality of the website is not restricted by this measure.
3. The data subject has the possibility to object to the collection of data related to the use of this website by setting an opt-out cookie. If the person's information technology system is deleted, formatted or reinstalled at a later date, the data subject must reset the opt-out cookie.To do this, the user must uncheck the box in the selection option shown below. However, if the data subject objects to the placement of cookies on this website, this option is not available. The functionality of the website is not restricted by the choice of this option.
- Legal basis of processing
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if 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 data subject do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (Grounds for consideration Art. 47, sentence 2 GDPR).
- Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to conduct our business for the well-being of all our employees and our shareholders.
- Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.
- Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide them
We hereby inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Prior to the provision of personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
- Existence of automated decision making
As a responsible company, we do not rely on any automatic decision-making or profiling.