Privacy policy

of the Brust-Zentrum AG

Version from 22.11.2018

 

In this privacy policy, we, the Brust-Zentrum AG (hereinafter referred to as the Breast Centre, we or us), explain how we collect and otherwise process personal data. This is not an exhaustive description; other data protection declarations or general terms and conditions, forms or similar documents may govern specific matters.

“Personal data” means any information relating to an identified or identifiable individual. This includes first and last name, postal address, e-mail address, telephone and fax number, employer, company, position and function, bank details and other data which allow conclusions to be drawn about an identifiable person. Furthermore, we refer to Art. 4 of the EU General Data Protection Regulation with regard to the term “personal data”).

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this data protection declaration and only share their personal data with us if you are permitted to do so and if this personal data is correct.

Furthermore, we would like to point out that as a company operating in the health sector, we also collect and process personal health data (hereinafter also: “health data”). This is done for the purpose of medical diagnostics, medical care or medical treatment. Health data” is understood to mean personal data relating to the physical or mental health of a natural person, including the provision of health services, and from which information about the state of health emerges.

 

1. data controller/data protection officer/representative
The data controller/agent for the data processing activities we describe here is

Brust-Zentrum AG
Seefeldstrasse 214
8008 Zürich

In individual cases, it may also be another person or company, but we will state this in each case. If you have any data protection concerns, you can send them to us at the following contact address: Brust-Zentrum AG, Seefeldstrasse 214, 8008 Zürich, info@brust-zentrum.ch

 

2. Collection and processing of personal and health data
2.1. Personal data
We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in it, or that we collect from their users when operating our websites, apps and other applications.

Where permitted, we also take certain data from publicly accessible sources (e.g. debt enforcement registers, land registers, commercial registers, the press, the Internet) or receive such data from authorities and other third parties. In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and judicial proceedings, information in connection with your professional functions and activities (so that we can, for example (e.g. so that we can conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we process transactions with you personally), information about you which people close to you (family, advisors, legal representatives, etc.) give us so that we can conclude or process contracts with you or involving you (e.g. references, your address for deliveries, full details of your creditworthiness). References, your address for deliveries, powers of attorney, information on compliance with legal requirements, information from banks, insurances, social insurances, other medical service providers, sales and other contractual partners of ours for the utilisation or provision of services by you (e.g. payments made, purchases made), information from the media and Internet about your person (insofar as this is appropriate in the specific case, e.g. in the context of an application, press releases, etc.). 2.2. personal data from the media and the Internet (where this is appropriate in a specific case, e.g. as part of an advertisement, press review, marketing/sales, etc.), your addresses and, where applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of visit, pages and content accessed, functions used, referring website, location details).

 

2.2. Health data
We process the health data that we receive from our clients, from other medical service providers (e.g. doctors or hospitals) in the course of our activities as a medical service provider as described on our homepage, provided that the client concerned expressly consents. We process such data exclusively for diagnostics and medical treatment and – insofar as this is necessary and permitted – for invoicing. This data is subject to medical confidentiality.

 

3. purposes of data processing and legal basis
3.1. Personal data
We use the personal data we collect primarily to conclude and process our contracts with our clients and business partners, in particular in the context of the operation of our centre and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations. If you work for such a customer or business partner, your personal data may of course also be affected in this capacity.

In addition, we process personal data of you and other persons, to the extent permitted and deemed appropriate, also for the following purposes in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

• Offering and further developing our offers, services and websites, apps and other platforms on which we are present;
• Communicating with third parties and processing their enquiries (e.g. applications, media enquiries);
• Examination and optimisation of procedures for needs analysis for the purpose of direct customer contact as well as collection of personal data from publicly accessible sources for the purpose of customer acquisition;
• Advertising and marketing (including the organisation of events), insofar as you have not objected to the use of your data (if we send you advertising as an existing customer of ours, you can object to this at any time; we will then put you on a blocking list against further advertising mailings);
• Market and opinion research, media monitoring;
• Assertion of legal claims and defence in connection with legal disputes and official proceedings;
• Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
• Ensuring our operations, in particular IT, our websites, apps and other platforms;
• Purchase and sale of business units, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and insofar as to comply with legal and regulatory obligations as well as internal regulations of Brust-Zentrum AG.

Insofar as you have given us consent to process your personal data for specific purposes (for example, when you register to receive newsletters), we process your personal data within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

 

3.2. Health data
We use the health data we collect – insofar as you have consented – for medical purposes, such as medical diagnostics, prevention of breast diseases, treatment of medical disorders, medical therapy, medical follow-up and monitoring, preparation of medical reports and expert opinions, for gynaecological purposes, for the purpose of obstetrics, as well as for the performance of medical procedures in the field of plastic and reconstructive surgery and – insofar as permitted by law – for billing purposes.

 

4. cookies/tracking and other technologies in connection with the use of our website
We typically use “cookies” and similar technologies on our websites to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website. This allows us to recognise you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (“permanent cookies”). However, you can set your browser to reject cookies, save them for one session only or otherwise delete them prematurely. Most browsers are preset to accept cookies. We use persistent cookies to remember user preferences (e.g. language, autologin), to help us better understand how you use our services and content, and to show you offers and advertisements tailored to you (which may also happen on other companies’ websites; however, we do not tell them who you are, if we even know, because they only see that the same user is on their website who was on a particular page with us). Some of the cookies are set by us, and some are set by contractors with whom we work. If you block cookies, certain functionalities (such as language selection, shopping cart, ordering processes) may no longer work.

We also include visible and invisible image elements in our newsletters and other marketing emails in part and to the extent permitted. By retrieving these from our servers, we can determine whether and when you have opened the email so that we can also measure and better understand how you use our offers and tailor them to you. You can block this in your email program; most are pre-set to do this.

By using our websites and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not wish to do so, you must set your browser or email programme accordingly.

We may sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties who may be located abroad on various continents (in the case of Google Analytics, for example, it is Google LLC in the USA, www.google.com), with which we can measure and evaluate the use of the website (on a non-personal basis). Permanent cookies set by the service provider are also used for this purpose. The service provider does not receive any personal data from us (and does not retain any IP addresses), but can track your use of the website, combine this information with data from other websites that you have visited and which are also tracked by the service provider, and use these findings for its own purposes (e.g. controlling advertising). If you have registered with the service provider yourself, the service provider also knows you. The service provider is then responsible for processing your personal data in accordance with its data protection regulations. The service provider only informs us how our respective website is used (no information about you personally).

We may also use or integrate so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Google+, Pinterest or Instagram on our websites. This is visible to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator according to its data protection regulations. We do not receive any information about you from them.

 

5. data transfer and data transmission abroad
Within the scope of our business activities and the purposes set out in section 3.1, we also disclose personal data to third parties, insofar as this is permitted and appears to us to be appropriate, either because they process it for us or because they want to use it for their own purposes. This applies in particular to the following parties:

• Service providers of ours (such as IT providers);
• Dealers, suppliers, subcontractors and other business partners; customers;
• customers;
• domestic and foreign authorities, government agencies or courts;
• Media;
• The public, including visitors to websites and social media;
• Competitors, industry bodies, associations, organisations and other bodies;
• acquirers or parties interested in acquiring business units, companies or other parts of Brust-Zentrum AG;
• other parties to any potential or actual legal proceedings;

all joint recipients.

 

These recipients are partly in Germany, but may also be abroad. In particular, you must expect the transfer of your data to all countries in which the service providers we name are located. If we transfer data to a country without adequate legal data protection, we will ensure this as required by law by using appropriate contracts. Health data will only be transferred with the express consent of the data subject.

 

6. Duration of data retention
We process and store your personal data and health data for as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation and processing to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data and health data are retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data and health data are no longer required for the above-mentioned purposes, they will be deleted or anonymised as a matter of principle and as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply.

 

7. data security
We take appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation, controls.

 

8. rights of the data subject
You have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, as well as to the release of certain personal data for the purpose of transferring it to another body (so-called data portability) within the framework of the data protection law applicable to you and insofar as provided for therein (such as in the case of the GDPR). Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, if we have an overriding interest in doing so (insofar as we are entitled to rely on this) or if we need the data to assert claims. Furthermore, we reserve the right not to disclose health data (for example, for therapeutic and/or medical reasons). If you incur any costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or costs. We will inform you in advance if this is not already contractually agreed.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card where your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address given in section 1.

Every data subject also has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch).

 

9. Changes
We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.