Version September 2019

Privacy policy according to the GDPR

Overview

A. Name and address of data controllerpan,
B. Name and address of data protection officerspan,
C. General information on data processingpan,
D. Use of cookiesspan,
E. Contact form and email contactspan,
F. Web analytics by Google Analyticsspan,
G. Rights of the data subject

A. Name and address of the responsible person

The responsible person within the meaning of the General Data Protection Regulation and other national data protection laws of the member statesas well as other data protection regulations is the:

Clever.Care AG
Dornacherstrasse 10
4053 Basel
Switzerland

Tel.: +41 61 272 20 00
E-Mail: datenschutz@clever.care
Website: www.clever.care

B. Name and address of the data protection officer

The data protection officer of the controller shall be appointed as soon as the controller has more than 10 employees.

C. General information on data processing

I. Scope of the processing of personal data

As a matter of principle, we only process personal data of our users insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users regularly takes place only after the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by legal regulations.

II. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) of the Data Protection Act shall apply. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) serves as the basis. 1 lit. b GDPR as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of 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 (2) of the Data Protection Act shall apply. 1 lit. d GDPR as the legal basis.

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 outweigh the first-mentioned interest, Art. 6 (1) of the Data Protection Act shall apply. 1 lit. f GDPR as the legal basis for the processing.

III. Data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases to apply. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the person responsible is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or performance of a contract.

D. Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

Language settings
Cookie settings

Specifically, the following cookies are used:

Cookie	Type	Duration	Description
Keine Cookies gefunden

We also use cookies on our website that enable an analysis of the user’s surfing behaviour.

The following data can be transmitted in this way:

Frequency of page views
Use of website functions

Im Einzelnen werden die folgenden Cookies verwendet:

Cookie	Type	Duration	Description
Keine Cookies gefunden

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his or her consent to the processing of personal data used in this context is obtained. In this context, a reference to this data protection declaration is also made.

b) Legal basis for the data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.

c) Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

We need cookies for the following applications:

Adoption of language settings
Remembering the consent to the use of cookies

The user data collected through technically necessary cookies are not used to create user profiles.

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 constantly optimise our offer.

These purposes also constitute our legitimate interest in processing the personal data in accordance with Art. 6 Para. 1 lit. f GDPR.

e) Duration of storage, possibility of objection and elimination

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

E.Contact form and e-mail contact

IV. Description and scope of data processing

A contact form is available on our website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored. These data are:

First name of the user (required)
Last name of the user (required)
Institution des Nutzers (erforderlich)
Function of the user in his institution
User email address (required)
Telephone number of the user
Remarks of the user

For the processing of the data, your consent is obtained during the submission process and reference is made to this privacy policy.

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

V. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 (2) if the user has given his consent. 1 lit. a GDPR.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (2). 1 lit. b GDPR.

VI. Purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing 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.

VII. Duration of storage

The data is 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 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.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

VIII. Possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

The revocation of consent and the objection to storage are to be sent to the person responsible by e-mail, stating the first and last name as well as the institution.

F. Web analysis throughGoogle Analytics

IX. Scope of the processing of personal data

We use Google Analytics on our website to analyse the surfing behaviour of our users. The software sets cookies on the user’s computer (for cookies, see above). If individual pages of our website are called up, the following data is stored:

One byte of the IP address of the user’s calling system for IPv4 IP addresses and 10 bytes of the IP address of the user’s calling system for IPv6 IP addresses.
The accessed web page
The website from which the user has reached the accessed website (referrer)
The subpages that are accessed from the accessed webpage
The length of stay on the website
The frequency with which the website is accessed
The language in which the website is accessed
The operating system of the calling system
The browser version of the browser used
The network through which the website is accessed

The software runs on Google’s servers. This results in a transfer of the above-mentioned data to a third party.

The software is set in such a way that the IP addresses are not stored completely, but 2 bytes (IPv4) or 2 bytes (IPv3) respectively. 10 bytes (IPv6) of the IP address are masked (ex: 192.168.31.xxx). In this way, it is no longer possible to assign the shortened IP address to the calling computer.

X. Legal basis for the processing of personal data

The legal basis for the processing of the users’ personal data is Art. 6 para. 1 lit. f GDPR.

XI. Purpose of the data processing

The processing of users’ personal data enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information on the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. These purposes also constitute our legitimate interest in processing the data in accordance with Art. 6 para. 1 lit. f GDPR. The anonymisation of the IP address sufficiently takes into account the users’ interest in the protection of their personal data.

XII. Duration of storage

The data will be deleted as soon as it is no longer required for our recording purposes.

In our case, this is the case after 14 months.

XIII. Possibility of objection and removal

You can find more information on the privacy settings of Google Analytics at the following link: https://policies.google.com/technologies/partner-sites?hl=de. This also describes ways in which you can prevent the collection of data by Google Analytics.

G. Rights of the data subject

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

XIV. Right to information

You may request confirmation from the controller as to whether personal data relating to you is being processed by us.

(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 the personal data concerning you have been or will be disclosed;

(4) the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage duration;

(5) the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted 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 on 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, in accordance with Art. 22 Para. 1 and 4 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 on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you can request to be informed about the appropriate guarantees according to the law. Article 46 of the GDPR in connection with the transfer.

XV. Right of rectification

You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The person responsible shall make the correction without delay.

XVI. Right to restrict processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) if you contest the accuracy of the personal data concerning you 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 them for the establishment, exercise or defence of legal claims; or

(4) if you object to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State or of Switzerland.

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.

XVII. Right to erasure

1.Obligation to delete

1. you may request the controller to erase the personal data concerning you without delay and the controller is obliged to erase such data without 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 revoke your consent on which the processing is based pursuant to Art. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.

(3) They shall lay down in accordance with Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 1 GDPR. Art. 21 para. 2 GDPR to object to the processing.

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union law or the law of the Member States or Switzerland to which the controller is subject.

(6) The personal data concerning you have been processed in relation to information society services offered in accordance with Art. 8 (2) of the Data Protection Act. 1 GDPR collected.

2. Information to third parties

If the controller has made the personal data relating to you public and is required to do so in accordance with the law, the controller is entitled to withdraw the data. Art. 17 para. 1 GDPR to erase it, 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, that personal data.

3. Exceptions

The right to erasure does not exist insofar as the processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing under Union or Member State law or Swiss 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 field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;

(4) for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes in accordance with Article 4. Art. 89 para. 1 GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or

(5) to assert, exercise or defend legal claims.

XVIII. Right to information

If you have exercised the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the controller.

XIX. Right to data portability

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

(1) the processing is based on consent pursuant to Art. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to. Art. 6 para. 1 lit. b GDPR and

(2) the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, where this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability shall 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.

XX. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1) of the Data Protection Act. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of 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, the personal data concerning you 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.

XXI. Right to revoke the declaration of consent under data protection law

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

XXII. 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 shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the controller,

(2) is authorised by legislation of the Union or the Member States or Switzerland to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) is done with your express consent.

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

With regard to the cases referred to in (1) and (3), the controller shall take reasonable measures to safeguard the 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 controller, to express his or her point of view and to contest the decision.

XXIII. Right to complain 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 of your residence or Switzerland, your place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you 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 Article 78 GDPR.

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Clever.Care AG
Dornacherstrasse 19
CH-4053 Basel