Personal data will only be collected by Jesalis Pharma GmbH in a required scope and extent, and exclusively for the purposes set forth below.
I. Email Correspondence
1. Your Consent to Email Correspondence, and Description and Scope of Data Processing
If you contact us via Email your personal data will be processed electronically for the purpose of dealing with your request, or for initiating/performing/refusing business relationships respectively. Data processing for purpose of making first contact with us bases on your voluntarily granted consent under Article 6 (1) sentence 1 lit. a DSGVO [= Data Privacy Basic Regulation] unless no other statutory permission exists:
Upon sending personal data to us, or sending requests through an Email address, which includes personal data, respectively, you grant
to data processing for the purpose referred to above. Your consent can be withdrawn in written form, or in stricter form, at any time; lawfulness of data processing until such withdrawal shall remain unaffected.
Personal data relating to correspondence processed by us under this consent will be deleted after full dealing with your request, unless no other legal cause exists which justifies further processing (e.g. execution of a contract or business transaction basing on Article 6 (1) lit. b DSGVO; statutory retention periods for tax-related or pharmaceutical law-related reasons). In this connection we will not transmit your data to any third party unless we have to do so for pharmaceutical law-related or other legal reasons, e.g. data collection under Article 6 c, d, for example to: supervisory authorities or owners of pharmaceutical marketing authorizations. Decision (assessment of full dealing with your request, or achieving of intended purpose) about deletion bases, in particular, on precise liability criteria, commercial considerations, and statutory retention periods. Besides, we refer to information on rights to delete set forth below./p>
2. Legal Basis for Processing of Personal Data
To the extent we obtain consent of the person affected relating to processing of personal data, Article 6 (1) lit. a EU Data Privacy Basic Regulation (DSGVO) shall serve as legal basis.
When processing personal data required for fulfilment of a contract whose contractor is the affected person, Article 6 (1) lit. b DSGVO shall serve as legal basis. The same applies to processing steps required for dealing with pre-contractual measures.
To the extent processing of personal data is required for compliance with legal obligations by which our company is bound, Article 6 (1) lit. c DSGVO shall serve as legal basis.
In the event vital interests of the person affected, or of another natural person require processing of personal data, Article 6 (1) lit. d DSGVO shall serve as legal basis.
If data processing is required for maintaining justified interests of our company, or any third party, and interests, basic rights and basic freedoms of the person affected do not prevail the interests mentioned first in this paragraph, Article 6 (1) lit. f DSGVO shall serve as legal basis for data processing.
3. Purpose of Data Processing
Processing of personal data shall be made to the extent such is necessary basing on the consent granted by a user, or basing on other legally permitted reasons (please see item 1. above).
4. Deletion of Data and Duration of Storage
II. Provision of Website and Set-up of Log Files
1. Description and Scope of Data Processing
Upon each accessing of our website, our system automatically collects data and information from the accessing computer’s computer system.
The following data may be collected:
- IP address of accessing user,
- information on type of browser and applied version as well as installed preferred language,
- user’s operating system,
- date, time, accessing status (file found / not found etc.) and the request made by user’s browser toward server,
- websites accessed by user on our webpage (URLs).
These data will also be stored in the log files of our system. Storage of these data together with other personal data of a user shall not be made.
2. Legal Basis for Data Processing
Legal basis for temporary storage of data and log files is Article 6 (1) lit. f DSGVO.
3. Purpose of Data Processing
Temporary storage of data described in item 1 above in the system is necessary in order to enable delivery of a website to user‘s computer, and smooth set-up of connections. In order to do so data need to be stored throughout the term of a session.
Storage in log files is being made in order to ensure functionality of a website. Furthermore, data serve optimization of a website and ensure security of our IT systems. There will be no evaluation of data for marketing purposes.
These purposes also serve as our justified interest in data processing according to Article 6 (1) lit. f DSGVO.
4. Duration of Storage
Data will be deleted as soon as they are not needed any longer for achievement of the purpose for collection as described. In the event of collection of data for purpose of provision of a website such is the case if a particular session has been finished. In the event of storage of data in log files such is the case after seven days.
III. Name and Address of Responsible Person
Responsible person in the meaning of the Data Privacy Basic Regulation and other national data protection laws of member states as well as other data protection provisions, is Jesalis Pharma GmbH; contact data can be found here Impressum.
IV. Rights of Persons Affected
To the extent your personal data are being processed, you have the following rights toward the responsible person:
1. Information Right
You are entitled to request the responsible person to confirm whether or not personal data relating to you are being processed by us.
If so, you may require the responsible person to provide information about such personal data as well as about the following items:
- purposes for which personal data are processed;
- categories of personal data which are processed;
- recipients or categories of recipients, respectively, toward which personal data which relate to you are disclosed, or will be disclosed, including possible recipients in third countries;
- scheduled duration of storage of personal data which relate to you, or criteria for determination of duration of storage if no precise information can be given;
- existence of a right to correct or delete personal data which relate to you, or of a right to restrict data processing by responsible person, or a right to object to data processing;
- existence of a right to complain toward supervisory authorities;
- any available information on origin of data if personal data have not been collected from the person affected;
- existence of automated decision-making, including profiling in accordance with Article 22 (1) and (4) DSGVO, and – at least in those cases – meaningful information on logic involved as well as consequences and planned effects of such processing for the person affected.
2. Right to Correct Data
You are entitled to have personal data, which are processed by us, corrected and – depending on the purpose of processing – completed if personal data which relate to you are incorrect or incomplete. The responsible person has to effect such correction immediately.
3. Right to Restrict Data Processing
You may request restriction of data processing of personal data which relate to you on the following conditions:
- if you dispute correctness of personal data which relate to you for a period of time which enables the responsible person to review correctness of your personal data;
- if data processing is unlawful and you refuse deletion of personal data, but instead you request restriction of use of personal data;
- if the responsible person does not need your personal data any more for the purpose of processing, however, you need them for assertion, exercise or defence of legal claims, or
- if you filed an objection to processing in accordance with Article 21 (1) DSGVO and it has not yet been determined whether or not justified reasons of the responsible person prevail your interests.
In the event processing of your personal data has been restricted, these data may only be processed – except for them being stored – with your consent, or for assertion, exercise or defence of legal claims, or for protection of rights of another natural person or legal entity, or for reason of prevailing public interest of the European Union or a member state.
In the event data processing has been restricted on the conditions set forth above you will be notified by responsible person before such restriction is being cancelled.
4. Right to Delete
a) Obligation to Delete
You may require the responsible person to immediately delete your personal data, and the responsible person shall be under an obligation to delete these data immediately, provided one of the following reasons applies:
- Personal data which relate to you are not required anymore for the purposes for which they have been collected or processed in any other way.
- You withdraw your consent on which data processing based in accordance with Article 6 (1) lit. a or Article 9 (2) lit. a DSGVO, and no other legal basis exists for data processing.
- You file a complaint in accordance with Article 21 (1) DSGVO relating to data processing, and no prevailing justified reasons exist in favour of data processing, or you file a complaint relating to data processing in accordance with Article 21 (2) DSGVO.
- Personal data which relate to you have been processed in an unlawful manner.
- Deletion of your personal data is required for fulfilment of legal obligations under European Union laws, or national laws of member states by which the responsible person is bound.
- Your personal data have been collected with respect to services offered by the information society in accordance with Article 8 (1) DSGVO.
b) Information toward Third Parties
In the event the responsible person disclosed personal data which relate to you, and he/she is responsible for deletion under Article 17 (1) DSGVO, the responsible person shall take any appropriate measures, including technical steps, taking into consideration available technologies and costs of implementation, in order to inform any responsible persons in charge of processing personal data that you as the person affected demanded deletion of any links to such personal data or copies or replications of personal data.
There shall be no right to delete data to the extent data processing is necessary for:
- exercise of right of free speech and information;
- fulfilment of legal obligations which require data processing under European laws or laws of member states by which the responsible person is bound, or for discharge of a task which is in the public interest or by way of exercising public power transferred upon the responsible person;
- reasons of public interest relating to the public health sector in accordance with Article 9 (2) lit. h and i as well as Article 9 (3) DSGVO;
- assertion, exercise or defence of legal claims.
5. Right to Be Informed
If you asserted your right to correct, delete or restrict data processing toward the responsible person, the responsible person shall be obligated to inform any recipients towards whom personal data have been disclosed of such correction or deletion of data, or restriction of data processing, unless such proves to be impossible, or would require disproportionate efforts.
You are entitled to be informed about these recipients by the responsible person.
6. Right of Data Portability
You are entitled to receive any personal data which relate to you and which you have made available to the responsible person, in a structured, usual and machine-readable format, and to transmit these data to another responsible person without being impaired by the responsible person toward whom you made these data available, or to have these data transmitted by us, provided:
- dprocessing bases on a consent granted under Article 6 (1) lit. a DSGVO or Article 9 (2) lit. a DSGVO, or on a contract in accordance with Article 6 (1) lit. b DSGVO, and
- processing is being made by automated procedures.
Transmission of data requires that no freedoms of other persons shall be impaired, and transmission is technically feasible. This right of data portability shall not apply to processing of personal data which are required for fulfilment of tasks which are in the public interest, or in the event of exercise of public powers transferred upon the responsible person.
7. Right to Object
You have a right to object to processing of personal data which relate to you at any time for reasons which are vested in your particular situation; this refers to processing of personal data under Article 6 (1) lit. e or f DSGVO; the same applies to profiling carried out under these provisions.
The responsible person shall then refrain from processing your personal data, unless he/she is able to prove existence of compulsory legitimate reasons for data processing which prevail your interests, rights and freedoms, or it claims that processing serves assertion, exercise or defence of legal claims.
If personal data which relate to you are being processed for purpose of direct advertising, you are entitled to object to processing of your personal data; the same applies to profiling to the extent such is associated with direct advertising.
8. Right to Complain Toward Supervisory Authorities
Notwithstanding other administrative or judicial remedies, you are entitled to complain toward supervisory authorities, in particular in the member state of your place of residence, working place or the place of an alleged violation, if you are of the opinion that processing of personal data which relate to you is in violation of the DSGVO. Relevant contact details can be found in the websites of Federal Data Privacy Commissioner and State Data Privacy Commissioners.
The supervisory authority toward whom a complaint was filed shall notify the complainant of the status as well as results of a complaint, including opportunity of judicial remedies in accordance with Article 78 DSGVO.
Competent authority for Jesalis Pharma GmbH is Thuringia State Commissioner for Data Privacy and Freedom of Information.