Privacy statement for the use of the services of Medexo GmbH
Medexo GmbH (hereinafter also referred to as ‘Medexo’) offers the option of ordering second medical opinions online or by post from medical specialists who cooperate with Medexo GmbH. Medexo stands for ‘Medical Experts Online’. The following privacy statement for the use of the services of Medexo GmbH, which supplements the General Terms and Conditions, is intended to provide you with comprehensive information about the collection and processing of your personal data when requesting a second opinion from Medexo or during the preparation of the second opinion requested and the implementation or settlement of the contractual relationship directed to this end.
Data Protection Officer
Frau Daniela Kirf-Busenbender
intersoft consulting services AG
Beim Strohhause 17
1. Fundamental principles of collection and processing of personal data by Medexo:
In order to process your second opinion request and for Medexo GmbH to evaluate/prepare the second opinion requested, comprehensive details about you and your medical condition or your medical history and current symptoms are required. The Specialists cooperating with Medexo have developed a questionnaire based on state-of-the-art science and medical technology, which, together with the documents you make available, serves as the basis for the preparation of the second opinion and must be carefully and comprehensively completed by you and transmitted to Medexo GmbH.
Of necessity, the medical assessment and preparation of the requested second opinion can only take place if you provide the data sought during the request process accurately and in detail, and you forward the additional necessary and requested files and/or or patient documents to Medexo GmbH. In addition it is naturally necessary to transmit or provide access to the details and data essential for evaluation and preparation of a second opinion to the particular Specialist dealing with the specific inquiry. Before transmission of your personal data to Medexo GmbH, you will be expressly alerted to the way your data will be used; your consent to collection and processing of your personal data is a mandatory requirement.
2. Definitions and subject of the data protection
The details in the questionnaire and data requested by Medexo GmbH are personal data, which is afforded special protection, in particular under the Bundesdatenschutzgesetz (BDSG – the German Federal Data Protection Act), the Telemediengesetz (TMG – the German Telemedia Act) and further national and international data protection provisions. In addition, the information is health-related personal data, which, given its status as particularly sensitive and deserving of protection, is afforded an even greater level of data protection. The object of the data protection is personal data. According to section 3 para 1 of the BDSG, this includes individual details about personal or factual circumstances of a particular or an identifiable natural person. This includes, for example, details such as your name, postal address, email address or telephone number, and in some circumstances also usage data such as your IP address. For the purposes of section 3 para. 9 of the BDSG, special types of personal data are, in particular, health-related data, and hence as a rule the details provided by you to Medexo GmbH as part of the second opinion request as the basis for the preparation of the second opinion. Collection is obtaining data about the person concerned. Processing is the storage, alteration, communication, blockage and deletion of personal data.
3. Data minimisation and relevance to purpose in the collection and processing of personal data by Medexo:
Pursuant to the principle of data avoidance and data minimisation demanded by data protection law, Medexo GmbH only collects personal data that is strictly necessary to answer the second opinion request, as well as for assessment/preparation of the second medical opinion and for the execution and settlement of the contractual relationship relating to this. Collection and processing of your personal data occurs only for the purpose for which you have disclosed it to Medexo GmbH – namely to respond to the second opinion request and evaluate/prepare the second medical opinion and for the execution and settlement of the contractual relationship relating to this. In addition, Your personal data is evaluated and used by us solely in anonymised form in order to continuously improve our service and adjust it to the needs of our customers. Medexo GmbH treats your personal data with the strictest regard for confidence, adhering to all relevant statutory provisions. Disclosure of your personal data to third parties will not occur, with the exception of the particular specialists who cooperate with Medexo and are charged with responding to the second opinion request or with the evaluation or preparation of the second opinion, and where appropriate your health fund, if the latter is assuming the costs of the appraisal.
4. To whom and in what manner are the data transmitted?
Your personal data will only be communicated, or access to it provided, to the particular specialists and staff of Medexo GmbH charged with the responsibility of responding to the second opinion request or evaluation or preparation of the second opinion, and, if instructed by the latter or if necessary in order to settle the remuneration for the appraisal, your health fund or health insurance fund. In addition, the communication or provision of access to your health-related data (where appropriate, including the prepared second opinion) will take place, where agreed with you or your health fund or health insurance fund, for the purposes of quality assurance and evaluation of our service by your health fund or health insurance fund. The disclosure of your personal data to additional third parties, with the exception of the recipients named above, will not occur.
Consent to data processing
In order to enable you to participate in our second opinion service, Medexo must collect, store and use the following data about you. This includes data about your health, which is subject to special data protection requirements, is protected by criminal sanctions and is subject to the duty of medical confidentiality:
- Your name, address, date of birth, gender, telephone, email and – where you are paying the cost of the second opinion directly to Medexo – credit cards and account data (depending on the payment method) for the purpose of billing.
- Health-related data, including image captures for the purpose of selecting experts and forwarding of the data to one or more of the experts listed on the www.medexo.com Internet platform, who use this data to to prepare the second opinion.
- Receipt of the expert’s second opinion by Medexo in order to forward the second opinion to a doctor named by you, or to you, and also receipt of the billing information from the assessor for the purposes of payment of his services by Medexo.
- The use of anonymised health-related data for the purposes of quality assurance and evaluation and further development of our second opinion service.
- Disclosure of the health-related data (where applicable including the second medical opinion if agreed upon) to your health fund or health insurance fund – where the latter bears the costs of the second opinion or reimburses them – for the purposes of billing and evaluation of our service.
The use of the data described above is only permitted to Medexo with your explicit consent. This agreement can be revoked with prospective effect at any time.
5. Your rights
Transparency is very important to us. Upon written request we will gladly advise you, as is our statutory obligation, whether or not and which of your personal data is stored by us. Under the requirements of the provisions of the Bundesdatenschutzgesetz, (BDSG, the German Federal Data Protection Act), you can if necessary request the correction, the blocking and deletion of this data where statutory retention periods do not prevent this.
We will also be happy to make available to you our public register of processing operations, which contains the information demanded by section 4g para 2 in combination with section 4 of the BDSG. Please email firstname.lastname@example.org for assistance with this.
If you have questions in relation to the processing of your personal information, you can also contact our Data Protection Officer, who will also be happy to help you with information requests, suggestions or complaints.
6. Changes to privacy statement
We reserve the right to change and expand the privacy statement. The privacy statement is current as at January 2016.
Anonymous data collection and processing:
Where not otherwise described in the following sections, no personal data is collected, processed or used when using our websites. When you enter our website, information such as the type of browser used, the site from which the file was requested, the name of the file, the date, the time of the query and the volume of data transferred, the access status (file transferred, file not found) are transmitted. Your anonymity is preserved during this process. This information is anonymised by us, evaluated statistically and used solely in order to improve the attractiveness, contents and functionalities of our websites.
Use of Google Analytics:
The Internet platform www.medexo.com uses Google Analytics, a web analytics service of Google Inc. (‘Google’). Google Analytics uses so-called ‘cookies’, text files that are stored on your computer and which make it possible to analyse your usage of the website. The information generated by the cookie about your use of this website is generally sent to a Google server in the US and saved there. If IP anonymisation is activated on this website, however, your IP address will previously be abbreviated by Google within member states of the European Union or in other states that are parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the US and abbreviated there. Google will use this information on behalf of the operator of this website in order to evaluate your use of the website, to compile reports about website activities and in order to provider additional services to the website operator connected with the usage of the website and the Internet.
The IP address of your browser transmitted as part of Google Analytics is not linked to other data by Google. You can prevent the storage of cookies by the appropriate setting in your browser software, however please note that in this case you may not be able to make full use of all the functions of this website.
Furthermore, you can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP) for Google and the processing of this data by Google, by loading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de
If no appropriate browser plug-in is available or if you do not wish to install such a plug-in, you can also prevent recording by Google Analytics by clicking on the following link. This sets an opt-out cookie that prevents the future recording of your data when visiting this website: Deactivate Google Analytics
More detailed information on Google’s terms of service and data protection is available at http://www.google.com/analytics/terms/de.html or at https://www.google.de/intl/de/policies/.
We draw your attention to the fact that Google Analytics has been expanded on this website by the code ‘gat._anonymizeIp();’ in order to provide anonymised recording of IP addresses (so-called IP masking).
We additionally place ads with Google AdWords in order to direct attention to our services outside the Display Network. The corresponding ads are displayed after a search query by the user on Google.
We likewise use Google Analytics for the statistical evaluation of data from AdWords. The storage of cookies can be prevented via your browser settings, however. In this case your visit to our website does not feed into the anonymous usage statistics either. Further information is available in the Google website statistics.
Social bookmarks, for example from Facebook, Twitter, YouTube and Google+, are integrated into our website. Social Bookmarks are Internet bookmarks with which users of such services can collect links and news items. They are integrated into our website purely as a link to the corresponding services. After clicking the integrated graphic, you are redirected to the page of the respective provider, i.e. it is not until then that user information is transmitted to the respective provider. Information about how your personal data is handled when using those websites is available in the data protection provisions of the provider.