This Privacy Policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter “data”) within our online offering and the websites, functions, and content associated with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the “online offering”). With regard to the terminology used, such as “processing” or “controller,” we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Controller

Torsten Fugmann
Weinheimer Str. 12
40229 Düsseldorf

Phone: +49 211- 22 9 55 37
Fax: +49 211- 22 9 55 38

Email: info@thz-fugmann.de

Tax number

133/5190/1884

Supervisory authority

Health Department Düsseldorf (Gesundheitsamt Düsseldorf)

Licensing authority

vdek, IKK, Knappschaft

Locations

Therapiezentrum Fugmann
Therapy center in Düsseldorf – Eller
Weinheimer Str. 12
40229 Düsseldorf
0211 / 229 55 37

Therapiezentrum Fugmann
Therapy center in Düsseldorf – Lierenfeld
Reisholzer Strasse 50
40231 Düsseldorf
0211 / 566 70 338

THZ Fugmann GmbH
Therapy center at the water tower (Therapiezentrum am Wasserturm)
Rheinstrasse 12
40668 Meerbusch-Lank
02150 / 756 09 22

THZ Fugmann GmbH
Therapy center in Meerbusch – Strümp
Gerhart-Hauptmann-Strasse 1
40680 Meerbusch-Strümp
02159 / 929 90 88

Information about the person

Torsten Fugmann
State-recognized occupational therapist
Professional license issued by the Health Department of the City of Düren in the Federal Republic of Germany

Legal basis

Law on the Profession of Occupational Therapist (Ergotherapeutengesetz – ErgThG)
Source: http://www.gesetze-im-internet.de/bearbthg/BJNR012460976.html

Member of the German Association of Occupational Therapists (BED e.V.).

Practice authorization pursuant to § 124 SGB V – supervisory authority:
Health Department Düsseldorf – for locations in Düsseldorf
Health Department Neuss – for locations in Meerbusch

Data Protection Officer

You can reach our Data Protection Officer at the following address:

THZ Fugmann – Torsten Fugmann
Data Protection Officer Ms. Tanja Schubert-Otto
Weinheimer Str. 12
40229 Düsseldorf

Email: verwaltung@thz-fugmann.de
Phone: 0151 12105107

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).
• Usage data (e.g., websites visited, interest in content, access times).
• Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offering (hereinafter collectively referred to as “users”).

Purpose of processing

• Providing the online offering, its functions, and content.
• Responding to contact inquiries and communicating with users.
• Security measures.
• Reach measurement / marketing.

Terminology used

“Personal data” means any information relating to an identified or identifiable natural person (“data subject”); a natural person is considered identifiable if they 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and practically covers any handling of data.

“Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Relevant legal bases

In accordance with Article 13 GDPR, we inform you of the legal bases for our processing. If the legal basis is not specified in this Privacy Policy, the following applies: The legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR; the legal basis for processing to perform our services, carry out contractual measures, and respond to inquiries is Article 6(1)(b) GDPR; the legal basis for processing to fulfill legal obligations is Article 6(1)(c) GDPR; and the legal basis for processing to protect our legitimate interests is Article 6(1)(f) GDPR. Where processing is necessary to protect vital interests of the data subject or another natural person, Article 6(1)(d) GDPR serves as the legal basis.

Cooperation with processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them, or otherwise grant them access to the data, this occurs only on the basis of a legal permission (e.g., where a transfer to third parties such as payment service providers is necessary for contract performance pursuant to Article 6(1)(b) GDPR), your consent, a legal obligation, or our legitimate interests (e.g., when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “data processing agreement,” this is done on the basis of Article 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or this occurs in the context of using third-party services, disclosure, or transfer of data to third parties, this happens only if it is necessary to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to statutory or contractual permissions, we process or have data processed in a third country only if the special requirements of Articles 44 et seq. GDPR are met. This means, for example, processing takes place on the basis of specific safeguards such as an officially recognized adequacy decision or the observance of officially recognized contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

• You have the right to request confirmation as to whether data concerning you is being processed, and to access that data as well as further information and a copy of the data in accordance with Article 15 GDPR.
• You have the right, in accordance with Article 16 GDPR, to request the completion of data concerning you or the rectification of inaccurate data concerning you.
• You have the right, in accordance with Article 17 GDPR, to request that data concerning you be erased without undue delay, or alternatively, in accordance with Article 18 GDPR, to request restriction of processing.
• You have the right to receive the data concerning you that you provided to us in accordance with Article 20 GDPR and to request its transmission to other controllers.
• You also have the right under Article 77 GDPR to lodge a complaint with the competent supervisory authority.

Right to withdraw consent

You have the right to withdraw consent you have given pursuant to Article 7(3) GDPR with effect for the future.

Right to object

You may object at any time to the future processing of data concerning you in accordance with Article 21 GDPR. In particular, you may object to processing for direct marketing purposes.

Cookies and objection to direct advertising

“Cookies” are small files stored on users’ computers. Various details can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offering. Temporary cookies (“session cookies” or “transient cookies”) are deleted after a user leaves an online offering and closes their browser. Such a cookie may store, for example, the contents of a shopping cart or a login status. “Permanent” or “persistent” cookies remain stored even after the browser is closed. For example, login status can be stored if users return after several days. Interests of users that are used for reach measurement or marketing purposes may also be stored in such cookies. “Third-party cookies” are cookies offered by providers other than the controller operating the online offering (otherwise, if they are only the controller’s cookies, they are referred to as “first-party cookies”).

We may use temporary and persistent cookies and provide information about this in this Privacy Policy.

If users do not want cookies stored on their computer, they are asked to deactivate the corresponding option in their browser settings. Stored cookies can be deleted in the browser settings. Excluding cookies may lead to functional restrictions of this online offering.

A general objection to the use of cookies for online marketing purposes can be declared for a large number of services—especially in the case of tracking—via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. In addition, the storage of cookies can be prevented by switching them off in the browser settings. Please note that in this case, not all functions of this online offering may be available.

Deletion of data

The data processed by us is deleted or restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated otherwise in this Privacy Policy, data stored by us is deleted once it is no longer necessary for its purpose and no statutory retention obligations prevent deletion. If data is not deleted because it is required for other lawful purposes, its processing is restricted. This means the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

Under statutory requirements in Germany, retention is in particular 6 years pursuant to § 257(1) HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting records, etc.) and 10 years pursuant to § 147(1) AO (books, records, management reports, accounting records, commercial and business letters, documents relevant for taxation, etc.).

Under statutory requirements in Austria, retention is in particular 7 years pursuant to § 132(1) BAO (accounting documents, receipts/invoices, accounts, business papers, statement of income and expenses, etc.), 22 years in connection with real estate, and 10 years for documents in connection with electronically supplied services, telecommunications, broadcasting, and television services supplied to non-business customers in EU member states and for which the Mini One Stop Shop (MOSS) is used.

Business-related processing

We additionally process

• Contract data (e.g., subject matter of the contract, term, customer category)
• Payment data (e.g., bank details, payment history)

of our customers, interested parties, and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising, and market research.

Provision of contractual services

We process inventory data (e.g., names and addresses as well as contact details of users) and contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Article 6(1)(b) GDPR. Entries marked as mandatory in online forms are required for concluding the contract.

In the context of using our online services, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests and users’ interest in protection against misuse and other unauthorized use. As a rule, this data is not passed on to third parties unless it is necessary for asserting our claims or there is a statutory obligation pursuant to Article 6(1)(c) GDPR.

We process usage data (e.g., visited pages of our online offering, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order, for example, to display product notices to the user based on services previously used.

Data is deleted after the expiry of statutory warranty and comparable obligations; the necessity of retaining the data is reviewed every three years; where statutory archiving obligations apply, deletion takes place after their expiry. Details in any customer account remain until the account is deleted.

Registration function

Users can optionally create a user account. During registration, users are informed of the required mandatory information. Data entered during registration is used for the purpose of using the offering. Users may be informed by email about offering- or registration-relevant information, such as changes to the scope of the offering or technical circumstances. If users terminate their account, their data relating to the user account will be deleted, subject to retention being necessary for commercial or tax law reasons pursuant to Article 6(1)(c) GDPR. Users are responsible for securing their data before termination becomes effective. We are entitled to irretrievably delete all data stored during the contract term.

In the context of using our registration and login functions and using the user account, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests and users’ interest in protection against misuse and other unauthorized use. As a rule, this data is not passed on to third parties unless it is necessary for asserting our claims or there is a statutory obligation pursuant to Article 6(1)(c) GDPR. IP addresses are anonymized or deleted no later than 7 days.

Contact

When contacting us (e.g., via contact form, email, telephone, or social media), the user’s information is processed to handle the contact request and its processing pursuant to Article 6(1)(b) GDPR. Users’ information may be stored in a customer relationship management system (“CRM system”) or comparable request organization.

We delete inquiries if they are no longer required. We review necessity every two years; statutory archiving obligations also apply.

Newsletter

With the following information, we inform you about the content of our newsletter, the registration, shipping, and statistical evaluation procedures, as well as your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.

Newsletter content: We send newsletters, emails, and other electronic notifications with promotional information (hereinafter “newsletter”) only with the recipient’s consent or a statutory permission. If the content is specifically described when registering, this is decisive for the user’s consent. Otherwise, our newsletters contain information about our services and us.

Double opt-in and logging: Registration takes place using the double opt-in procedure. After registration, you receive an email asking you to confirm your registration. This confirmation is necessary to prevent anyone from registering with someone else’s email address. Newsletter registrations are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.

Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for personal addressing in the newsletter.

Germany: The newsletter is sent and its performance measured on the basis of the recipients’ consent pursuant to Article 6(1)(a), Article 7 GDPR in conjunction with § 7(2) no. 3 UWG, or on the basis of the statutory permission pursuant to § 7(3) UWG.

Logging of the registration procedure is based on our legitimate interests pursuant to Article 6(1)(f) GDPR. Our interest is the use of a user-friendly and secure newsletter system that serves our business interests, meets users’ expectations, and also allows us to prove consents.

Termination/withdrawal: You can cancel receipt of our newsletter at any time, i.e., withdraw your consent. You will find an unsubscribe link at the end of each newsletter. We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them for newsletter dispatch purposes in order to be able to prove previously given consent. Processing of this data is limited to the purpose of possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed.

Newsletter – performance measurement

The newsletters contain a so-called “web beacon,” i.e., a pixel-sized file that is retrieved from our server when the newsletter is opened, or from the server of a shipping service provider if we use one. In the context of this retrieval, technical information (e.g., browser/system information), your IP address, and the time of retrieval are collected.

This information is used for technical improvement of services based on technical data or for analysis of target groups and their reading behavior based on retrieval locations (determinable using the IP address) or access times. Statistical surveys include determining whether newsletters are opened, when they are opened, and which links are clicked. Although these details can be assigned to individual recipients for technical reasons, it is neither our intention nor that of the shipping service provider (if used) to observe individual users. The evaluations serve to recognize reading habits and to adapt our content or send different content according to interests.

Google Analytics

We use Google Analytics, a web analytics service provided by Google LLC (“Google”), on the basis of our legitimate interests (i.e., interest in analysis, optimization, and the economic operation of our online offering within the meaning of Article 6(1)(f) GDPR). Google uses cookies. Information generated by the cookie about users’ use of the online offering is generally transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield framework and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offering, compile reports on activities within the online offering, and provide us with further services related to the use of the online offering and internet use. Pseudonymous usage profiles may be created from the processed data.

We use Google Analytics only with IP anonymization enabled. This means that users’ IP addresses are shortened by Google within EU member states or other contracting states of the EEA agreement. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.

The IP address transmitted by the user’s browser is not merged with other data held by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offering and the processing of this data by Google by downloading and installing the browser plugin available at: http://tools.google.com/dlpage/gaoptout?hl=de.

Alternatively, you can prevent Google Analytics from collecting data about you on this website by clicking the corresponding opt-out link on the website (opt-out cookie). Your browser must allow cookies for this. If you regularly delete cookies, you need to click the opt-out link again each time you visit this website.

Further information on Google’s data use, settings, and objection options can be found on Google’s websites: https://www.google.com/intl/de/policies/privacy/partners, http://www.google.com/policies/technologies/ads, http://www.google.de/settings/ads.

Click here to edit the cookie settings on our website.

Use of Facebook social plugins

We use social plugins (“plugins”) of the social network facebook.com operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), on the basis of our legitimate interests (Article 6(1)(f) GDPR). The plugins may display interaction elements or content (e.g., videos, graphics, or text posts) and are recognizable by one of the Facebook logos (white “f” on a blue tile, the words “Like” / “Gefällt mir,” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin.” The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield framework and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

If a user accesses a function of this online offering that contains such a plugin, the user’s device establishes a direct connection to Facebook’s servers. The plugin content is transmitted directly by Facebook to the user’s device and integrated into the online offering. Usage profiles may be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and inform users according to our level of knowledge.

By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged into Facebook, Facebook can assign the visit to the user’s Facebook account. If users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from their device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to learn and store the user’s IP address. According to Facebook, only an anonymized IP address is stored in Germany.

Purpose and scope of data collection and the further processing and use of data by Facebook, as well as users’ rights and settings options for protecting their privacy, can be found in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about them via this online offering and link it to their Facebook member data, they must log out of Facebook before using our online offering and delete their cookies. Further settings and objections regarding the use of data for advertising purposes are possible within Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Settings are platform-independent, i.e., they apply to all devices such as desktop computers or mobile devices.

Online presences in social media

We maintain online presences within social networks and platforms in order to communicate with customers, interested parties, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and data processing policies of the respective operators apply.

Unless otherwise stated within this Privacy Policy, we process users’ data if they communicate with us within social networks and platforms, e.g., by posting contributions on our online presences or sending us messages.

Integration of third-party services and content

Within our online offering, we use content or service offerings from third-party providers on the basis of our legitimate interests (Article 6(1)(f) GDPR) in order to integrate their content and services, such as videos or fonts (collectively referred to as “content”).

This always presupposes that the third-party providers of this content perceive users’ IP addresses, since without the IP address they could not send the content to the users’ browsers. The IP address is therefore required for displaying this content. We endeavor to use only content whose providers use the IP address solely to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to evaluate information such as visitor traffic on the pages of this website. Pseudonymous information may also be stored in cookies on users’ devices and may include technical information about the browser and operating system, referring websites, visit time, and other information about the use of our online offering, and may be combined with such information from other sources.

Vimeo

We integrate videos from the platform “Vimeo” of the provider Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy Policy: https://vimeo.com/privacy.

YouTube

We integrate videos from the platform “YouTube” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Google Maps

We integrate maps of the service “Google Maps” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Google Fonts

We integrate fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Google reCAPTCHA

We integrate the function for recognizing bots, e.g., for entries in online forms (“reCAPTCHA”), of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Twitter

Within our online offering, functions and content of the Twitter service may be integrated, provided by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. This may include content such as images, videos, text, and buttons that allow users to express their liking regarding content, subscribe to authors, or subscribe to our posts. If users are members of Twitter, Twitter may associate access to the above content and functions with users’ profiles there. Privacy Policy: https://twitter.com/de/privacy. Twitter is certified under the Privacy Shield framework and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Opt-out: https://twitter.com/personalization.

Instagram

Within our online offering, functions and content of the Instagram service may be integrated, provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA. This may include content such as images, videos, text, and buttons that allow users to express their liking regarding content, subscribe to authors, or subscribe to our posts. If users are members of Instagram, Instagram may associate access to the above content and functions with users’ profiles there. Privacy Policy: http://instagram.com/about/legal/privacy/.

Created with Datenschutz-Generator.de by attorney Dr. Thomas Schwenke