DATA PROTECTION

Information about data protection at Use-Lab

Data protection is important for us!

Below you will find various privacy policies that may be relevant to your contact with Use-Lab.

Privacy policy

We welcome you to our website and thank you for your interest. The protection of your personal data is important to us. For this reason, we conduct our activities in accordance with the applicable legal provisions on the protection of personal data and data security. We would like to inform you below which data of your visit will be used for which purposes.

Responsible party for processing according to GDPR

The responsible party within the meaning of the General Data Protection Regulation and other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

Use-Lab GmbH
Am Campus 2
48565 Steinfurt
Germany

info@use-lab.com
+49 (0) 2551 / 7092-0
https://use-lab.com/

Data Protection Officer

Nils Möllers
Keyed GmbH
Siemensstraße 12
48341 Altenberge, Westfalen
Germany

info@keyed.de
+49 (0) 2505 – 639797
https://keyed.de

What is personal data?

The term personal data is defined in the Federal Data Protection Act and in the EU-GDPR. Accordingly, this is individual information about personal or factual circumstances of a specific or identifiable natural person. This includes, for example, your civil name, your address, your telephone number or your date of birth. Learn more about what exactly data protection is here.

Scope of anonymous data collection and data processing

Unless otherwise stated in the following sections, no personal data is collected, processed or used when using our websites. However, we do learn certain technical information through the use of analysis and tracking tools based on the data transmitted by your browser (for example, browser type/version, operating system used, websites visited on our site incl. length of stay, previously visited website). We evaluate this information for statistical purposes only.

Relevant legal basis for the processing of personal data

  1. Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
  2. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
  3. Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
  4. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) GDPR serves as the legal basis.
  5. If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.

Use of cookies

The website of the Use-Lab GmbH uses cookies. Cookies are data that are stored by the Internet browser on the user’s computer system. The cookies can be transmitted to a page when it is called up and thus enable the user to be identified. Cookies help to simplify the use of Internet pages for users.

It is possible to object to the setting of cookies at any time by changing the setting in the Internet browser accordingly. Cookies that have been set can be deleted. It should be noted that if cookies are deactivated, it may not be possible to use all the functions of our website to their full extent. The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users. When calling up our website, users are informed by an info banner about the use of cookies for analysis purposes and referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings. The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) (f) GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) (a) GDPR if the user has given his consent in this regard. If and to what extent cookies are used on our website, please refer to our cookie banner and our notes in this privacy policy.

Complianz

Description and purpose

Our website uses Complianz’s Consent technology to obtain your consent to the storage of certain cookies on your terminal device or to the use of certain technologies and to document this in accordance with data protection law. The provider of this technology is Complianz B.V., Kalmarweg 14-5, 9723 JG Groningen, The Netherlands (hereinafter “Complianz”). Complianz is hosted on our servers, so no connection is made to the servers of Complianz’s provider. Complianz stores a cookie in your browser in order to be able to assign the consents given to you or their revocation.

Legal basis

The legal basis for the processing of your personal data is Art. 6 (1) (c) GDPR.

Recipient

The recipient of your personal data is Complianz B.V., Kalmarweg 14-5, 9723 JG Groningen, the Netherlands.

Transfer to third countries

There is no transfer of your personal data to a third country. However, we are aware of our responsibility and regularly review the framework and legal changes. In the event of a transfer to a third country taking place, we will adapt this information as soon as possible.

Duration of data storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In addition, the data will be deleted if you assert your right to deletion within the meaning of Art. 17 (1) GDPR.

Contractual and legal obligation

Furthermore, those personal data must be provided that we are legally obligated to collect. The legal obligation is determined by Union law or the law of the Member States to which the controller is subject. The legal obligation arises in the present case from: § 25 (1) p.1 TTDSG. Failure to provide the data would mean that this legal obligation cannot be fulfilled.

Further data protection information

Further information on the processing of your personal data can be found here: https://complianz.io/legal/privacy-statement/

Google Fonts (local hosting)

Description and purpose

We use Google Fonts (Google LLC. 1600 Amphitheatre Parkway Mountain View, CA 94043, USA) for the uniform display of fonts. Google Fonts is hosted locally by us.

Legal basis

The legal basis for the processing of your personal data is Art. 6 (1) (f) GDPR. The legitimate interest lies in the optimal presentation of our website.

Recipient

The recipient of your personal data is the website operator.

Transfer to third countries

There is no transfer of your personal data to a third country. However, we are aware of our responsibility and regularly review the framework conditions and legal changes. In the event of a transfer to a third country taking place, we will adapt this information as quickly as possible.

Duration of data storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In addition, the data will be deleted if you assert your right to deletion within the meaning of Art. 17 (1) GDPR.

Objection

In accordance with Art. 21 (1) GDPR, you have the right to object to the processing of your personal data at any time. If you exercise your right, processing for this purpose will no longer take place. Further information on this can be found above in our privacy policy under “Rights of data subjects”.

Contractual and legal obligation

There is no contractual or legal obligation for the provision of the data.

Further data protection information

Further information on the processing of your personal data can be found here: https://policies.google.com/privacy?hl=de.

Wordfence

Description and purpose

We have integrated Wordfence on this website. The provider is Defiant Inc, Defiant, Inc, 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter “Wordfence”). Wordfence is used to protect our website from unwanted access or malicious cyberattacks. For this purpose, our website establishes a permanent connection to Wordfence’s servers so that Wordfence can compare its databases with the accesses made to our website and block them if necessary. Wordfence thus collects personal data in the form of web calls (accesses) and localization data.

Legal basis

The legal basis for the processing of your personal data is Art. 6 (1) (f) GDPR. The legitimate interest lies in the most effective protection of the website against cyberattacks.

Recipient

The recipient of your personal data is Defiant Inc, Defiant, Inc, 800 5th Ave Ste 4100, Seattle, WA 98104, USA.

Transfer to third countries

The personal data will be transferred to the USA. The transfer is subject to appropriate safeguards pursuant to Art. 46 GDPR. We have concluded standard contractual clauses with the data importer for this purpose. In addition, we are aware of our responsibility and, where necessary, take further measures to protect the rights and freedoms of natural persons to ensure the protection of personal data.

Duration of data storage

Data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In addition, the data will be deleted if you exercise your right to erasure as defined in Art. 17 (1) GDPR.

Objection

In accordance with Art. 21 (1) GDPR, you have the right to object to the processing of your personal data at any time. If you exercise your right, processing for this purpose will no longer take place. Further information on this can be found above in our privacy policy under “Rights of data subjects”.

Contractual and legal obligation

There is no contractual or legal obligation for the provision of the data.

Further data protection information

Further information on the processing of your personal data can be found here: https://www.wordfence.com/help/general-data-protection-regulation/.

e-Recht24 Safe Sharing Tool

Description and purpose

The content on this website can be shared in social networks such as Facebook, Twitter & Co. in a privacy-compliant manner. This site uses the eRecht24 Safe Sharing Tool for this purpose. This tool establishes direct contact between the networks and users only when the user actively clicks on one of these buttons. The click on the button constitutes consent within the meaning of Art. 6 (1) (a) GDPR and § 25 (1) TTDSG. An automatic transfer of user data to the operators of these platforms does not take place through this tool. If the user is logged into one of the social networks, an information window appears when using the social media elements of Facebook, Twitter & Co. in which the user can confirm the text before sending it. Our users can share the content of this page in social networks in a privacy-compliant manner without complete surfing profiles being created by the operators of the networks.

Legal basis

The legal basis for the processing of your personal data is Art. 6 (1) (f) GDPR. The service is used to obtain the legally required consents for the use of certain technologies.

Recipient

The recipient of your personal data is eRecht24 GmbH & Co. KG, Lietzenburger Str. 94, 10719 Berlin.

Transmission to third countries

There is no transfer of your personal data to a third country. However, we are aware of our responsibility and regularly review the framework conditions and legal changes. In the event of a transfer to a third country taking place, we will adapt this information as quickly as possible.

Duration of data storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In addition, the data will be deleted if you assert your right to deletion within the meaning of Art. 17 (1) GDPR.

Contractual and legal obligation

Furthermore, those personal data must be provided that we are legally obligated to collect. The legal obligation is determined by Union law or the law of the Member States to which the controller is subject. In the present case, the legal obligation results from Art. 6 (1) (a) GDPR. Failure to provide the data would mean that this legal obligation cannot be fulfilled.

Further data protection information

Further information on the processing of your personal data can be found here: https://www.e-recht24.de/datenschutzerklaerung.html.

Creation of log files

Each time the website is accessed, Use-Lab GmbH collects data and information by an automated system. These are stored in the log files of the server. The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.The following data may be collected:

(1) Information about the browser type and version used.
(2) The user’s operating system
(3) The user’s Internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user’s system accesses our website (referrer)
(7) Websites that are accessed by the user’s system via our website

Duration of storage of personal data

Personal data is stored for the duration of the respective statutory retention period. After expiry of this period, the data is routinely deleted, unless it is necessary for the initiation or performance of a contract.

Options for contacting us

On the Internet pages of a contact form is available, which can be used for electronic contact. Alternatively, it is possible to contact us via the e-mail address provided. If the data subject contacts the controller via one of these channels, the personal data transmitted by the data subject will be stored automatically. The storage is solely for the purpose of processing or contacting the data subject. The data is not passed on to third parties. The legal basis for the processing of the data is Art. 6 (1) (a) GDPR if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) (f) GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only as long as this is necessary to achieve the purpose of storage. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. As soon as the storage purpose ceases to apply or a storage period prescribed by the aforementioned regulations expires, the personal data will be routinely blocked or deleted.

Rights of the data subject

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller:

Right to information pursuant to Art. 15 GDPR

You may request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing is taking place, you may request information from the controller about the following:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data which are processed;
  3. the recipients or categories of recipients to whom your personal data have been or will be disclosed;
  4. the planned duration of the storage of your personal data or, if specific information on this is not possible, criteria for determining the storage period;
  5. the existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the controller or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. any available information about the origin of the data, if the personal data are not collected from the data subject;
  8. the existence of automated decision-making, including profiling pursuant to Art. 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether your personal data is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

Right to rectification pursuant to Art. 16 GDPR

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

Right to erasure pursuant to Art. 17 GDPR

(1) You may request the controller to erase your personal data without undue delay, and the controller is obliged to erase this data without undue delay, 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 withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
  3. You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the You object to the processing pursuant to Art. 21 (2) GDPR.
  4. The personal data concerning you has been processed unlawfully.
  5. The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  6. The personal data concerning you has been collected in relation to information society services offered pursuant to Art. 8 (1) of the GDPR.

(2) If the controller has made your personal data public and is obliged to erase it pursuant to Art. 17 (1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

(3) The right to erasure does not apply to the extent that the processing is necessary

  1. for the exercise of the right to freedom of expression and information;
  2. for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
  5. for the assertion, exercise or defense of legal claims.

Right to restriction of processing according to Art. 18 GDPR

Under the following conditions, you may request the restriction of the processing of your personal data:

  1. if you dispute the accuracy of your personal data for a period enabling the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
  3. the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defense of legal claims; or
  4. if you have objected to the processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.

If the processing of your personal data has been restricted, such data may – apart from being stored – only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Right to information according to Art. 19 GDPR

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right vis-à-vis the controller to be informed about these recipients.

Right to data portability according to Art. 20 GDPR

You have the right to receive your personal data that you have provided to the controller in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance by the controller to whom the personal data was provided, provided that

  1. the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and
  2. the processing is carried out with the help of automated procedures. In exercising this right, you also have the right to have your personal data transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Right to object according to Art. 21 GDPR

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data carried out on the basis of Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. The controller will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to processing of your personal data for such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.

Right to revoke the declaration of consent under data protection law pursuant to Art. 7 (3) GDPR

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Right to complain to a supervisory authority pursuant to Art. 77 GDPR

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, workplace or the place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 77 GDPR.

Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and the controller,
  2. is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
  3. is made with your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 (1) of the GDPR, unless Art. 9 (2) (a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases mentioned in a. and c., the Controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include, at a minimum, the right to obtain the intervention of a person on the part of the Controller, to express his or her point of view and to contest the decision.

Integration of other third-party services and content

Description and purpose

It may happen that third-party content, such as videos, fonts or graphics from other websites, is integrated within this online offer. This always requires that the providers of this content (hereinafter referred to as “third-party providers”) are aware of the IP address of the user. This is because without the IP address they would not be able to send the content to the browser of the respective user. The IP address is thus necessary for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. However, we have no influence if the third-party providers store the IP address, e.g. for statistical purposes. Insofar as this is known to us, we inform the users about it. We would like to provide and improve our online offer through these integrations.

Legal basis

The legal basis for the integration of other third-party services and content is Art. 6 (1) (f) GDPR. Our overriding legitimate interest lies in the intention of an appropriate presentation of our online presence and user-friendly and economically efficient services on our part. For further information, please refer to the respective data protection information of the providers.

Contractual or legal obligation for the provision of personal data

The provision of personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are also not obliged to provide the personal data. However, failure to provide it would possibly result in you not being able to use this function or not being able to use it to its full extent.

Data transfer to third countries

The responsible party may transfer personal data to a third country. In principle, the controller can ensure that an adequate level of protection is brought about for the processing operations by means of various suitable safeguards. It is possible to transfer data transfers on the basis of an adequacy decision, internal data protection rules, approved codes of conduct, standard data protection clauses or an approved certification mechanism pursuant to Art. 46 (2) (a)-(f) GDPR.

If the controller makes a transfer to a third country on the legal basis of Art. 49 (1) (a) GDPR, you will be informed at this point about the possible risks of a data transfer to a third country.

There is a risk that the third country receiving your personal data may not provide an equivalent level of protection compared to the protection of personal data in the European Union. This may be the case, for example, if the EU Commission has not issued an adequacy decision for the respective third country or if certain agreements between the European Union and the respective third country are declared invalid. Specifically, in some third countries there are risks regarding the effective protection of EU fundamental rights through the use of surveillance laws (for example, the USA). In such a case, it is the responsibility of the controller and the recipient to assess whether the rights of data subjects in the third country enjoy an equivalent level of protection as in the Union and can also be effectively enforced.

However, the General Data Protection Regulation should not undermine the level of protection afforded to natural persons throughout the Union when personal data are transferred from the Union to controllers, processors or other recipients in third countries or to international organizations, including when personal data are further transferred from a third country or from an international organization to controllers or processors in the same or another third country or to the same or another international organization.

Other functions of the website

Applications (training & job offers)

By submitting an application to us, applicants consent to the processing of their data for the purposes of the application process in accordance with the nature and scope set out in this Privacy Policy. The legal basis for the processing of applicant data is Art. 88 GDPR, § 26 BDSG-new and Art. 9 (2) (b) GDPR. Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are voluntarily disclosed within the scope of the application procedure, their processing is additionally carried out in accordance with Art. 9 (2) (b) GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants as part of the application process, their processing is additionally carried out in accordance with Art. 9 (2) (a) GDPR (e.g. health data, if this is necessary for the exercise of the profession). If provided, applicants can submit their applications to us using an online form on our website. The data is transmitted to us in encrypted form in accordance with the state of the art. Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. We cannot therefore accept any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend rather using an online form or sending by post. This is because instead of applying via the online form and e-mail, applicants still have the option of sending us their application by post. In the event of a successful application, the data provided by the applicants may be further processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicants’ data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time. Deletion takes place after the expiry of a period of six months so that we can answer any follow-up questions about the application and meet our obligations to provide evidence under the General Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax law requirements.

Security

We have taken extensive technical and operational precautions to protect your data from accidental or intentional manipulation, loss, destruction or access by unauthorized persons. Our security procedures are regularly reviewed and adapted to technological progress. In addition, we continuously ensure data protection by constantly auditing and optimizing our data protection organization.

Conclusion

Use-Lab GmbH reserves all rights to make changes and updates to this privacy statement. This privacy policy was created by Keyed GmbH.

Data Protection Notice for Clients and Interested Parties.
In accordance with Art. 13, 14 and 21 General Data Protection Regulation (GDPR)

The following information provides an overview of how we process your data and your right with regards to this data.

1.Who is responsible for processing my data and whom can I contact with questions?

The responsible party within the meaning of the General Data Protection Regulation and other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

Use-Lab GmbH
Am Campus 2
48565 Steinfurt
Germany

info@use-lab.com
+49 (0) 2551 / 7092-0
https://use-lab.com/

Data Protection Officer

Nils Möllers
Keyed GmbH
Siemensstraße 12
48341 Altenberge
Germany

info@keyed.de
+49 (0) 2505 – 639797
https://keyed.de

2.What data and sources do we use?

We process personal data that we have received from you in context of our business relationship. To the extent necessary to provide our services, we also process personal data that we have legitimately received from third parties with your permission or received to preserve our justified interests.

Relevant personal data includes details like your name, address and other contact data. In addition, this data may include order data, data gathered while fulfilling our contractual obligations, advertising and sales data, documentation data (in particular consultation minutes), register data, data about your use of our digital media (in particular, times at which you have visited our website or opened our newsletter, which pages you’ve viewed on our website, etc.) as well as other comparable data. When necessary, we also work with personal data from publicly available sources (in particular, records of debtors, land registers, commercial and association registers, the press, media) to which we have gained access in a lawful manner and which we are allowed to process.

3.To what end and on what legal basis are we processing your personal data?

We process personal data in accordance with the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG):

a) Based on your consent (Art. 6 para. 1 lit. a) GDPR)

If you have given us your consent to process personal data for specific purposes (in particular the forwarding of data and the evaluation of data for marketing purposes), the legality of this processing is based on your consent. A given consent can be revoked at any time. This also applies to the revocation of declarations of consent that were issued to us prior to the validity of the DSGVO, i.e. before 25 May 2018. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.

b) To fulfil contractual obligations (Art. 6 para. 1 lit. b) DSGVO)

The processing of personal data is carried out to execute our contracts with you and the execution of your orders, as well as all necessary activities in connection with this and also pre-contractual measures. The purposes of the data processing are primarily based on the specific content of the contract.

c) Within the framework of legitimate interests (Art. 6 para. 1 lit. f) GDPR)

As far as necessary, we process your data beyond the actual fulfilment of the contract in order to protect the legitimate interests of us or third parties. These are in particular:

  • Examination and optimisation of procedures for the analysis of requirements and direct customer contact;
  • advertising or market and opinion research, unless you have objected to the use of your data in this regard;
  • assertion of legal claims and defence in the event of legal disputes;
  • guaranteeing IT security;
  • Measures for business management and further development of services and products.

4.Who receives your data?

Your personal data will be given to those who require it in order for us to fulfill our contractual and legal obligations. External processors (Art. 28 DSGVO) whom we have engaged may also receive your Data for the purposes given. These include, among others, IT service providers, logistics, printing services, telecommunications, collection, advice and consulting and sales and marketing and address research. We may only disclose information about you if we are legally required to do so, if you have given your consent, or if we are authorized to.

Under these requirements, recipients of personal data might be, for example:

  • Relevant authorities (in particular notaries and courts)
  • Other recipients of data might be any units for which you have given your consent to the transfer of data.

5.For how long will your data be stored?

We process and store your personal data as long as it is necessary for the performance of our contractual obligations, which includes the initiation and completion of a contract. We are also obligated to uphold various statutory retention and documentation requirements; these time limits are up to ten years in duration. Finally, how long we store your data depends on statutes of limitation, which are generally three years, but in some cases may be up to thirty years.

Use-Lab GmbH must take into account the retention periods of the Medical Devices Ordinance, as the clients are subject to this ordinance. In detail, manufacturers are subject to at least the following retention periods:

“Manufacturers shall keep at the disposal of the competent authorities the technical documentation, the EU declaration of conformity and, where appropriate, a copy of relevant certificates issued in accordance with Article 56, including any amendments and supplements, for at least ten years after the last product covered by the EU declaration of conformity has been placed on the market. In the case of implantable products, this period shall be at least 15 years from the date on which the last product was placed on the market”, Article 10 para. 8 MDR (Medical Device Directive).

6.Is data transferred to a third country or to an international organization?

Data will only be transferred to countries outside the EU or the EEA (so-called third countries) if this is required for the execution of your orders, prescribed by law, or if you have given us your consent.

7.What are your data protection rights?

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights in relation to the person responsible:

  1. Right to information (Art. 15 GDPR)
  2. Right of rectification (Art. 16 GDPR)
  3. Right of cancellation (Art. 17 GDPR)
  4. Right to restrict processing (Art. 18 GDPR)
  5. Right to data transferability (Art. 20 GDPR)
  6. Right to object (Art. 21 GDPR)

Right of appeal to 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 in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of your personal data is in breach of the DPA. With regard to the right of information and the right of deletion, the restrictions pursuant to Sections 34 and 35 BDSG apply.

The supervisory authority with which the complaint was lodged will inform the complainant of the status and the results of the complaint, including the possibility of a legal remedy in accordance with Article 78 GDPR. You may also contact the competent data protection supervisory authority (right of appeal under Article 77 GDPR in conjunction with Article 19 BDSG):

State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia

Kavaleriestr. 2-4
40213 Düsseldorf

Phone:   +49 211 38424-0
Fax:   +49 211 38424-10

8.What data are you obligated to provide us with?

Within the scope of our business relationship, you only need to provide personal data which is necessary for the initiation and execution of a business relationship and the performance of the associated contractual obligations or which we are legally obligated to collect. As a rule, we will not be able to enter into any contract or execute the order without these data or we may no longer be able to carry out an existing contract and would have to terminate it.

9.Is automated decision-making used out or is profiling carried out?

We do not employ fully automated decision making (in accordance with Art. 22 GDPR) as basis for entering into business relationships or for maintaining these. Your data will not be used to create any profile.

Data Protection Notice for Participants

Simply put…

On May 25, 2018 the General Data Protection Regulation (GDPR) came into effect, creating a new legal framework for data protection in Germany and the European Union. Because we are an EU-based company, we are bound to follow GDPR, even when we are operating outside of the European Union.

Data protection is a matter of trust and your trust matters to us, thus, protecting your privacy is very important to us. We want to let you know how we at Use-Lab handle your personal data, so that you feel secure working with us today and any time you might participate in one of our studies in the future.

What information do we collect and why?

We collect the information you share with us, for example, by phone or via a contact form.

To discuss participation

We have to speak with you and ask questions to find out if you are interested in participating in a particular study and if you meet the requirements for participation in that study.

In most cases, we will contact you by phone, but we may also contact you by e-mail. This means we will need your phone number and your e-mail address. When we get in touch with you, we will ask questions specific to the study we are recruiting for. In this context we may collect further personal data, like your age, gender, handedness, information about any possible vision or hearing impairments, as well as information about your job and your experience with particular medical products and associated health information.

This information is important for us during the screening process for a given study, because all of these factors can influence how a person interacts with a medical device.

Examples: A scalpel for lefthanded users can only be tested by persons who are lefthanded, so we have to ask you what your dominant hand is. Or consider a walker: This device is primarily for persons who require support when walking. Thus, we have to ask you about any difficulties you might have walking.

Appointments, transportation and overnight stays

Sometimes we have projects for which participants must travel a significant time or even stay a few days. In these cases, we can support you to make travel arrangements by taxi, train, plane and, of course, support you to book hotel stays. So that we can arrange for your travel, we have to share some personal data with the respective transportation agency (e.g., taxi company or airline) and hotel so that they can identify you, for example, by name.

Who is responsible for processing your data?

Responsible organization

Use-Lab GmbH
Represented by the managing director Torsten Gruchmann
Am Campus 2
48565 Steinfurt

Tel: +49 2551 7092-0
Fax: +49 2551 7092-29
E-Mail: info@use-lab.com

We have an ext. data protection officer. His contact information is:

Nils Möllers
Keyed GmbH
Tel: +49 2505 63 9797
Fax: +49 2505 63 9777
E-Mail: info@keyed.de

What is the legal basis?

We only process your personal data for the purposes described in this notice (participation or potential participation in a usability study).

We process personal data in accordance with the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG):

  1. Based on your consent (Art. 6 para. 1 lit. a) GDPR)
  2. To fulfil contractual obligations (Art. 6 para. 1 lit. b) DSGVO)
  3. Within the framework of legitimate interests (Art. 6 para. 1 lit. f) GDPR)

Who receives your data?

We will not share your personal data with our client (medical product manufacturer) without anonymizing it. If, for example, a manufacturer needs to prove that fifteen lefthanded persons participated in a study, we will document this in the report but without any additional data with which you could be identified.

Otherwise, your personal data will only be given to those who require it in order for us to fulfill our contractual and legal obligations. External processors (Art. 28 DSGVO) whom we have engaged may also receive your Data for the purposes given. These include, for example, IT service providers.

We may only disclose information about you if we are legally required to do so, if you have given your consent, or if we are authorized to.

How long will we store your data?

We will only store your data as long as it is necessary for the purposes described above or as long as legal statutes require us to.

Use-Lab GmbH must take into account the retention periods of the Medical Devices Ordinance, as the clients are subject to this ordinance. In detail, manufacturers are subject to at least the following retention periods:

“Manufacturers shall keep at the disposal of the competent authorities the technical documentation, the EU declaration of conformity and, where appropriate, a copy of relevant certificates issued in accordance with Article 56, including any amendments and supplements, for at least ten years after the last product covered by the EU declaration of conformity has been placed on the market. In the case of implantable products, this period shall be at least 15 years from the date on which the last product was placed on the market”, Article 10 para. 8 MDR (Medical Device Directive).

What are your data protection rights?

You have the following rights:

  1. Right to access (Art. 15 GDPR)
  2. Right to rectification (Art. 16 GDPR)
  3. Right to erasure (Art. 17 GDPR)
  4. Right to restrict processing (Art. 18 GDPR)
  5. Right to data portability (Art. 20 GDPR)
  6. Right to object (Art. 21 GDPR)

*The full description of the rights of data subjects can be found at: https://www.use-lab.com/en/data-protection

For better understandability, we have included more detailed explanations of the rights to erasure and to object:

Erasure

Your personal data may be erased, as long as no statutes of limitation or other legal reasons stand in the way and the data are no longer required for the reason associated with them being stored in the first place.

Right to object

Furthermore, you may always rescind your consent for us to use your personal data to contact you about participating in new studies or request that we block your data set altogether.

We take protecting your data very seriously, so feel free to get in touch with us if you have any questions. In this case, please contact our data protection officer.

You may also contact the data privacy regulatory authority (right to lodge a complaint in accordance with Art. 77 GDPR i. V. m. § 19 BDSG).

Right of appeal to 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 in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of your personal data is in breach of the DPA. With regard to the right of information and the right of deletion, the restrictions pursuant to Sections 34 and 35 BDSG apply.

The supervisory authority with which the complaint was lodged will inform the complainant of the status and the results of the complaint, including the possibility of a legal remedy in accordance with Article 78 GDPR. They may also contact the competent data protection supervisory authority (right of appeal under Article 77 GDPR in conjunction with Article 19 BDSG):

State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia
Cavalry tr. 2-4
40213 Düsseldorf

Telefon: +49 211 38424-0
Fax: +49 211 38424-10
E-Mail: poststelle@ldi.nrw.de