Privacy Policy

Personal data (usually referred to just as “data” below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the “GDPR”), “processing” refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I.   Information about us as controllers of your data
II.  The rights of users and data subjects
III. Information about the data processing

I. Information about us as controllers of your data

The party responsible for this website (the “controller”) for purposes of data protection law is:

Kyan Health AG
Dufourstrasse 38
8702 Zollikon

Email: [email protected]

Commercial register: CHE-267.518.768

The EU representative and Co-Controller is:

Kyan Health GmbH, Torstraße 177, 10115 Berlin

You can contact the EU representative at the following email address: [email protected].

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
  • to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
  • to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller’s future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Cookies

a) Session cookies

We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.  

This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.

The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

When you close your browser, these session cookies are deleted.

b) Third-party cookies

If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

c) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Customer account/registration

If you create a customer account with us via our website, we will use the data you entered during registration (e.g. your name, your address, or your email address) exclusively for services leading up to your potential placement of an order or entering some other contractual relationship with us, to fulfill such orders or contracts, and to provide customer care (e.g. to provide you with an overview of your previous orders or to be able to offer you a wish list function). We also store your IP address and the date and time of your registration. This data will not be transferred to third parties.

During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide your customer account. 

If you give your consent to this processing, Art. 6 Para. 1 lit. a) GDPR is the legal basis for this processing.

If the opening of the customer account is also intended to lead to the initiation of a contractual relationship with us or to fulfill an existing contract with us, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.

You may revoke your prior consent to the processing of your personal data at any time under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.

The data previously collected will then be deleted as soon as processing is no longer necessary. However, we must observe any retention periods required under tax and commercial law.

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Contact form

If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.

The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.

Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

Demo booking & information request

You have the choice to obtain informational documents, schedule a presentation of our offer, and other similar actions on our website. If you choose to use this option, we will gather the information from you in order to send you the requested documents or to conduct the scheduled demo with you. This often entails facts like your email address and contact information, and in the event of scheduling a demo, also details about your firm and your phone number.

We process this information so that we can give you the service you’ve asked for, such as sending you the desired information by email or, in the case of scheduling a demo, conducting the demo online on the day we’ve set together. The aforementioned processing is authorized by Art. 6 Paragraph 1 Paragraph 1 Lit. b) DS-GVO (processing in the context of a pre-contractual or quasi-contractual relationship with the data subject).

Meeting & Webinar Participation

If you want to engage directly with us (for example, on our website) in a (digital) event, webinar, or other similar activity that we may be organizing in collaboration with third parties (for example, cooperation partners/partner companies), you may register in advance. In order to participate and get an email confirming your registration, we process the information you supply in the relevant registration form (name, email address, company, etc.). The aforementioned processing is authorized by Art. 6 Paragraph 1 Paragraph 1 Lit. B of the DS-GVO (processing is necessary for the performance of a contract-like relationship with the data subject).

HubSpot

We use Hubspot, a marketing automation software from HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland. HubSpot is a software company based in the USA with a European office in Ireland. Hubspot helps us to analyse the use of our portal. Hubspot uses cookies for this purpose.

Certain usage data is linked to your person (e.g. after entry in a registration form) and stored in our CRM. This enables us to send you information and offers tailored to your interests.

In the process, your personal data may also be forwarded to Hubspot servers in the United States (USA). The appropriate level of protection is established by the fact that HubSpot, Inc. participates in the EU-US Privacy Shield Agreement and is certified for its compliance.

We use Hubspot to provide you with information and offers tailored to your needs. Accordingly, we have a legitimate interest within the meaning of Art. 6(1)(f) of the GDPR in this processing. The legal basis for the processing of your personal data by us in connection with the use of Hubspot is Art. 6 (1) f) of the General Data Protection Regulation.

In connection with the use of Hubspot, we store your personal data for as long as is necessary to provide you with information and offers tailored to your needs. The provision of personal data collected via Hubspot is not required by law or contract or necessary for the conclusion of a contract. If you do not provide us with this data, we will not be able to provide you with information and offers tailored to your needs.

You can find more information on data use by Hubspot in Hubspot’s privacy policy.

You can object to the use of your data at any time, e.g. by sending an email to our email address in this privacy policy. HubSpot is certified under the terms of the EU-U.S. Privacy Shield Framework and is subject to TRUSTe’s Privacy Seal and the U.S.-Swiss Safe Harbor Framework.

More information about HubSpot’s privacy policy. More information from HubSpot regarding EU data protection regulations. More information from HubSpot regarding cookies set in a visitor’s browser. More information about the cookies set on HubSpot websites

LinkedIn

We maintain an online presence on LinkedIn to present our company and our services and to communicate with customers/prospects. LinkedIn is a service of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland, a subsidiary of LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA.

We would like to point out that this might cause user data to be processed outside the European Union, particularly in the United States. This may increase risks for users that, for example, may make subsequent access to the user data more difficult. We also do not have access to this user data. Access is only available to LinkedIn. Read more about it in LinkedIn privacy policy.

LinkedIn Insight Tag

This website uses the Insight tag from LinkedIn. This service is provided by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

We use the LinkedIn Insight tag to obtain information about visitors to our website. Once a website visitor is registered with LinkedIn, we can analyze the key occupational data (e.g., career level, company size, country, location, industry, job title) of our website visitors to help us better target our site to the relevant audience. We can also use LinkedIn Insight tags to measure whether visitors to our websites make a purchase or perform other actions (conversion measurement). Conversion measurement can also be carried out across devices (e.g. from PC to tablet). LinkedIn Insight Tag also features a retargeting function that allows us to display targeted advertising to visitors to our website outside of the website. According to LinkedIn, no identification of the advertising addressee takes place.

LinkedIn itself also collects log files (URL, referrer URL, IP address, device and browser characteristics and time of access). The IP addresses are shortened or (if they are used to reach LinkedIn members across devices) hashed (pseudonymized). The direct identifiers of LinkedIn members are deleted by LinkedIn after seven days. The remaining pseudonymized data will then be deleted within 180 days.

The data collected by LinkedIn cannot be assigned by us as a website operator to specific individuals. LinkedIn will store the personal data collected from website visitors on its servers in the USA and use it for its own promotional activities. For details, please see LinkedIn’s privacy policy.

The use of LinkedIn Insight is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in effective advertising measures, including social media. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR; the consent can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. See LinkedIn Data Processing Agreement and EU Standard Contractual Clauses.

Calendly LLC

We use cookies that are set by Calendly LLC. This service is provided by Calendly LLC 271 17th St NW, Ste 1000, Atlanta, GA 30363, USA.

Calendly LLC is a planning tool that can be embedded directly on the website to make it possible to plan appointments directly on the website. Calendly LLC uses so-called “cookies”, text files that are stored on your computer or smartphone. This service allows the provider to access our calendar to schedule an appointment. For a detailed description and assignment of the cookie group, see the table in point 11.

Calendly LLC also processes your personal data in the USA and is subject to the Standard contractual clauses (SCC). For more information see Calendly LLC’s privacy policy.

Social media links via graphics

We also integrate the following social media sites into our website. The integration takes place via a linked graphic of the respective site. The use of these graphics stored on our own servers prevents the automatic connection to the servers of these networks for their display. Only by clicking on the corresponding graphic will you be forwarded to the service of the respective social network.

Once you click, that network may record information about you and your visit to our site. It cannot be ruled out that such data will be processed in the United States.

Initially, this data includes such things as your IP address, the date and time of your visit, and the page visited. If you are logged into your user account on that network, however, the network operator might assign the information collected about your visit to our site to your personal account. If you interact by clicking Like, Share, etc., this information can be stored your personal user account and possibly posted on the respective network. To prevent this, you need to log out of your social media account before clicking on the graphic. The various social media networks also offer settings that you can configure accordingly.

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter: Google).

The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. See further information with regard to data protection practices in how Google uses information from sites or apps, including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on.

In addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics’ JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate Google Analytics and other Google marketing services into our online offering, for example. The tag manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users’ personal data, please refer to the following information on Google services and their usage guidelines.

Google AdSense

We use Google AdSense on this website. This is an advertising program from Google Inc. In Europe, the company Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland) is responsible for all Google services. Google AdSense allows us to display advertisements on this website that are relevant to our theme.

Google AdSense uses cookies to serve ads that are relevant to users, to improve campaign performance reports, or to prevent a user from seeing the same ads more than once. Google uses a cookie ID to record which ads are shown in which browser, and can thus prevent them from being shown more than once. In addition, Google AdSense can use cookie IDs to record so-called conversions that are related to ad requests. This is the case, for example, when a user sees a Google Ads ad and later calls up the advertiser’s website with the same browser and buys something there. According to Google, Google Ads cookies do not contain any personal information.

Due to the marketing tools used, your browser automatically establishes a direct connection with Google’s server. Through the integration of Google Ads, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that Google will obtain and store your IP address. You can prevent participation in this tracking process in various ways: by adjusting your browser software settings accordingly; in particular, suppressing third-party cookies will result in you not receiving third-party ads; by disabling conversion tracking cookies by setting your browser to block cookies from the domain “www.googleadservices.com” (https://adssettings.google.com), which is a setting that will be deleted, when you delete your cookies; by disabling interest-based ads from the providers that are part of the self-regulatory campaign “About Ads”, via the link https://www.aboutads.info/choices, this setting being deleted when you delete your cookies; by permanently deactivating them in your Firefox, Internetexplorer or Google Chrome browsers at the link https://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.

The legal basis for the processing of your data is a balancing of interests, according to which the processing of your personal data described above is not opposed by any overriding interests on your part (Art. 6 para. 1 p. 1 lit. f DSGVO). Explore more about Google Ads on their official Google Ads website, and read about Google’s privacy policies.

Model Data Protection Statement for Anwaltskanzlei Weiß & Partner

[January 1st, 2023]

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