The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
American Sleep Clinic
Friedberger Landstr. 406
60389 Frankfurt am Main
Tel .: 49 (0) 69 – 808 807 777
Email: info [at] american-sleep-clinic.de
Website: www.american-sleep-clinic.de, www.schlafmedizin-frankfurt.de
II. Data protection officer
The data protection officer of the person responsible is:
WENZA Germany AG
Responsible Mr. Kent Schwirz
At the old gasworks 5
Email: datenschutz [at] american-sleep-clinic.de
III. General information about data processing
- Scope of processing personal data
We only collect and use our users’ personal data as long as this is necessary to provide a functional website with our content and services. The personal data of our users is collected and used regularly only with the user’s consent. An exception applies in cases in which prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
- Legal basis for the processing of personal data
We obtain the data subject’s consent for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis.
We process personal data, which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
As of processing personal data, it is necessary to fulfill a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c GDPR as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If processing information is necessary to safeguard the legitimate interests of our company or a third party , fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR as the legal basis for processing.
- Data deletion and storage duration
The personal data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data in order to conclude or fulfill a contract.
a) Description and scope of data processing
The following data can be transmitted in this way:
-Entered search terms
-Frequency of page views
-Use of website functions
b) Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.
c) Purpose of data processing
The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimize our offer.
Cookies are used in the following applications:
Our legitimate interest in the processing of personal data is in the accordance of Art. 6 Para. 1 lit. f GDPR.
d) Duration of storage, objection and removal options
V. Contact form and email contact
- Description and scope of data processing
There is a contact form on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and saved. These data are:
-Subject and message
Your consent to the processing of the data is obtained as part of the sending process and reference is made to this data protection declaration.
Alternatively, you can contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be saved.
In this context, the data is not passed on to third parties. The data will only be used to process the conversation.
- Legal basis for data processing
The legal basis for the processing of the data is Art. 6 Para. 1 lit. a GDPR.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 Para. 1 lit. f GDPR. If the email contact is aimed at the conclusion of a contract, then an additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
- Purpose of data processing
The processing of personal data from the input mask serves us only to process the contact. If you contact us by email, this is also the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
- Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those that were sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
- Opposition and removal options
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot continue.
The possibility of objection and elimination can be exercised by sending an email to the following address: datenschutz [at] american-sleep-clinic.de
In this case, all personal data saved in the course of contacting us will be deleted.
VII. Google Analytics
This website uses functions of the web analytics service Google Analytics. The provider is Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA. Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. You can find more information on handling user data at Google Analytics in Google’s data protection declaration: https://support.google.com/analytics/answer/6004245?hl=de.
You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data shown by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=de.
We also offer our users the option of opting out of the analysis process. To do this, you must follow the corresponding link. In this way, another cookie is set on your system, which signals our system not to save the user’s data. If the user deletes the corresponding cookie from his own system in the meantime, he must set the opt-out cookie again.
In order to prevent the acquisition by Universal Analytics across different devices, you have to carry out the opt-out on all used systems. If you click here, the opt-out cookie will be set:
Deactivate Google Analytics
IX. Google Maps
This website uses the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA. To use the Google Maps function, it is necessary to save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this page has no influence on this data transmission. You can find more information on the handling of user data in Google’s data protection declaration: https://www.google.de/intl/de/policies/privacy/.
X. Google Web Fonts
This page uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font will be used by your computer.
XI. Web analysis by Matomo (formerly PIWIK)
- Scope of processing personal data
We use the open source software tool Matomo (formerly PIWIK) on our website to analyze the surfing behavior of our users. The software places a cookie on the user’s computer (for cookies see above). If individual pages of our website are accessed, the following data is stored:
Two bytes of the IP address of the user’s calling system
The requested website
The website from which the user came to the called website (referrer)
The subpages that are accessed from the website accessed
The time spent on the website
The frequency with which the website was accessed
The software runs exclusively on the servers of our website. The personal data of users is only stored there. The data will not be passed on to third parties
2. Basis for the processing of personal data
The legal basis for the processing of users’ personal data is Art. 6 Para. 1 lit. f GDPR.
3. Purpose of data processing
The processing of users’ personal data enables us to analyze the surfing behavior of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. For these purposes, we also have a legitimate interest in processing the data in accordance with Art. 6 Para. 1 lit. f GDPR. By anonymizing the IP address, users’ interests in protecting their personal data are sufficiently taken into account.
4. Duration of storage
The data will be deleted as soon as it is no longer needed for our recording purposes.
5. Opposition and removal options
You can find more information on the privacy settings of the Matomo software under the following link: https://matomo.org/docs/privacy/.
XII. SSL encryption
This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http: //” to “https: //” and by the lock symbol in your browser line. If SSL encryption is activated, the data that you transmit to us cannot be read by third parties.
XIII. Rights of the data subject
If personal data is processed by you, you are the person concerned in the sense of GDPR and you have the following rights vis-à-vis the person responsible:
- Right to information
You can request confirmation from the controller as to whether personal data concerning you will be processed by us.
If such processing is available, you can request the following information from the person responsible:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or the categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not possible, criteria for determining the storage period;
(5) the existence of a right to correction or deletion of your personal data, a right to restriction of processing by the person responsible or a right to object to this processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) all available information about the origin of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data relating to you are transferred to a third country or to an international organization. In this context, you can request information about the appropriate guarantees in accordance with Art. 46 GDPR to be informed in connection with the transmission.
- Right to rectification
You have a right to correction and / or completion towards the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.
- Right to restriction of processing
You can request that the processing of your personal data be restricted under the following conditions:
(1) if you contest the accuracy of your personal data for a period that enables the person responsible to check the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to processing in accordance with Art. 21 Para. 1 GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of your personal data has been restricted, this data – apart from its storage – may only be obtained with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest the Union or a Member State.
If the restriction of processing according to the above You will be informed by the person responsible before the restriction is lifted.
- Right of deletion
a) Obligation to delete
You can request the data controller to delete your personal data immediately, and the data controller is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based in accordance with Art. 6 para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR was based, and there is no other legal basis for the processing.
(3) According to Art. 21 para. 1 GDPR and there is no overriding legitimate reason for the processing, or you file an objection pursuant to Art. Art. 21 para. 2 GDPR to object to processing.
(4) The personal data concerning you have been unlawfully processed.
(5) The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered in accordance with Article 8 (1) GDPR.
b) Information to third parties
If the person responsible has made your personal data public and is acc. Article 17 (1) GDPR obliges them to delete them, taking into account the available technology and the implementation costs, appropriate measures, including technical ones, to inform those responsible for data processing who process the personal data that you as the data subject Person has asked them to delete all links to this personal data or to copy or replicate this personal data.
The right to deletion does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation that requires processing in accordance with the law of the Union or the Member States to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority that is transferred to the controller has been;
(3) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 Para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 Para. 1 GDPR, insofar as the right mentioned under section a) is likely to make the achievement of the objectives of this processing impossible or seriously impair it, or
(5) to assert, exercise or defend legal claims.
- Right to information
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.
You have the right towards the person responsible to be informed about these recipients.
- Right to data portability
You have the right to receive the personal data that you have provided to the person responsible in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that
(1) the processing is based on consent in accordance with Art. 6 para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR is based and
(2) the processing is carried out using automated processes.
In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another, insofar as this is technically feasible. Freedoms and rights of other people may not be affected by this.
The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible.
- Right to object
You have the right, for reasons that arise from your particular situation, at any time against the processing of your personal data, which is based on Art. 6 Para. 1 lit. e or f GDPR occurs to file an objection; this also applies to profiling based on these provisions.
The controller will no longer process your personal data unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is connected to such direct advertising.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option of exercising your right to object in connection with the use of information society services using automated procedures that use technical specifications.
- Right to withdraw the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.
- Automated decision in individual cases including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – which has legal effect on you or similarly significantly affects you. This does not apply when making the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) is permissible on the basis of legal provisions of the Union or of the Member States to which the controller is subject and these legal provisions contain appropriate measures to safeguard your rights and freedoms and your legitimate interests or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data according to Art. 9 Para. 1 GDPR, unless Art. 9 Para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases mentioned in (1) and (3), the person responsible takes appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the person responsible, to express your own position and heard of contesting the decision.
- Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your residence, your place of work or the place of the alleged violation, if you believe that the processing of your personal data is against the GDPR violates. The supervisory authority to which the complaint was submitted will inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.