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- Data Protection Statement
- 1. Definitions
- 2. Name and contact details of the data protection officer
- 3. General data and information collected on visitors to the Charité website
- 4. Registering for events
- 5. Subscribing to our press release notification service and newsletter
- 6. Means of contact
- 7. Data protection arrangements for applicants and the application process
- 8. Internal information on the coronavirus pandemic
- 9. Cookies
- 10. Use of Matomo
- 11. Information on Social Media (Facebook, Twitter, Instagram)
- 12. Links to other websites
- 13. Data processors and third parties
- 14. Routine erasure and ‘blocking’ of personal data
- 15. Rights of the data subject
- 16. Amendments to our data protection statement
Data Protection Statement
Thank you for your interest in our company. Data protection is of the utmost importance to Charité – Universitätsmedizin Berlin. It is generally possible to use our website without having to provide any personal data. However, if a data subject wishes to use our website to access specific services offered by our company, the processing of personal data may become necessary. If it is necessary to process personal data, and there is no legal basis for such processing, we will generally obtain the data subject’s consent.
The processing of personal data, such as a data subject's name, address, email address or telephone number, shall always be performed in accordance with the General Data Protection Regulation (“GDPR”) and in compliance with the country-specific data protection regulations applicable to Charité – Universitätsmedizin Berlin. The aim of our organization’s data protection statement is to inform the general public of the nature, scope and purpose of the personal data we collect, use and process. This data protection statement also informs data subjects of the rights to which they are entitled.
As the data controller, Charité – Universitätsmedizin Berlin has implemented numerous technical and organizational measures to ensure that personal data processed via this website enjoy the most comprehensive protection possible. However, due to some of the security vulnerabilities inherent in data transfer via the internet, complete protection cannot be guaranteed. For this reason, data subjects are free to choose alternative means (e.g. via telephone) by which to transfer their personal data.
2. Name and contact details of the data protection officer
For the purposes of the GDPR, other data protection laws applicable to Member States of the European Union and other provisions relating to the subject of data protection, the controller is:
Charité – Universitätsmedizin Berlin
+49 30 450 50
Data Protection Officer
For any questions on the processing of your personal data or on your rights under data protection law, please contact:
Datenschutz der Charité – Universitätsmedizin Berlin
+49 30 450 580 016
You can contact us via the contact details provided in Section 2 of this Data Protection Statement.
3. General data and information collected on visitors to the Charité website
Charité – Universitätsmedizin Berlin’s website collects a range of general data and other information each time it is accessed by a data subject. The general data and information thus collected are stored in our server’s log files. Data collected may include (1) the type and version of the browser used, (2) the accessing system's operating system, (3) the website from which the accessing system reaches our website (referrers), (4) the subsites accessed by an accessing system, (5) the date and time at which our website is accessed, (6) the IP address, (7) the accessing system’s internet service provider, and (8) any other data and information that may be needed in the event of attacks on our IT system.
3.1 Processing purpose and legal basis
Charité – Universitätsmedizin Berlin will not use these general data or this information to draw conclusions about the data subject. Rather, this information is needed to (1) deliver the contents of our website correctly, (2) optimize the content of our website, and (3) ensure the long-term operational reliability of our IT systems and website technology. Charité – Universitätsmedizin Berlin therefore collects these data and this information for statistical purposes, and to improve both data protection and data security within the organization. The aim is to ensure that the personal data we process enjoy the highest possible protection. The personal data in our server’s log files are stored completely separately from the personal data provided by the data subject.
Point f of Article 6(1) of the GDPR shall serve as the legal basis for the temporary retention of this personal information and log files in the pursuit of the legitimate interests of Charité. For additional information on how the existence of a legitimate interest is assessed, please contact datenschutzbeauftragte(at)charite.de.
3.2 Duration for which data will be stored
Any data collected will be erased once they are no longer needed for their original purpose. In the case of data collected as part of the process of providing access to the website, erasure will occur as soon as the specific session has come to an end.
In the case of data saved in log files, erasure will occur after a maximum of one month. Anonymized data may be stored for longer. In this case, the user’s IP address will either be erased or modified to ensure that it can no longer be linked back to the accessing user.
If the data are needed for the purpose of prosecuting a criminal offense, they will be erased once this process has been completed, and in compliance with any legally mandated storage periods.
3.3 Requirement to provide data
There is no legal or contractual requirement to provide these data. However, both the collection of website access data and the storage of data in log files are essential to the normal functioning of the website.
There may be disadvantages to not providing personal data. For instance, failure to provide these data may result in your not being able to access or use our services (e.g. you may be unable to access the website). However, failure to provide these data shall not, unless otherwise stated, result in adverse legal consequences.
4. Registering for events
4.1 Processing purpose and legal basis
Any personal data entered by the data subject in addition to the IP address and time of registration for the event shall be collected and stored by the controller exclusively for internal purposes and to organize and hold the event. Point (b) of Article 6(1) of the GDPR shall serve as the legal basis for this processing, which is necessary for the performance of a contract.
5. Subscribing to our press release notification service and newsletter
On the website of Charité – Universitätsmedizin Berlin, users have the option of subscribing to Charité – Universitätsmedizin Berlin’s press release notification service and newsletter. The precise nature of the personal data transmitted to the data controller at the point of subscribing to the press release notification service and newsletter will depend on the input mask used at the time of subscription. Other data collected at this time will include the user’s IP address and the time of registration.
Charité – Universitätsmedizin Berlin regularly produces press releases and a newsletter. These are used to disseminate the latest news from across the organization and provide information on specific topics selected when ordering the newsletter. A data subject can only receive our press releases and/or newsletter if (1) the data subject has a valid email address and (2) the data subject has registered for the organization's press release subscription service and/or newsletter. For legal reasons, and in line with our double opt-in email sign-up process, a confirmation email will be sent to the email address entered when a data subject first subscribes to our press release notification service and/or newsletter. The purpose of this confirmation email is to verify that, as the data subject, the owner of the email address has agreed to receive press releases or newsletter.
5.1 Processing purpose and legal basis
All personal data collected during registration for our press release and/or newsletter subscription service will be used exclusively for the purpose of sending out our press releases and newsletter. We may also use these data to provide information to subscribers of our press release notification service via email, provided this is necessary for the ongoing operation of this service or its registration process, such as in the event of changes to the press release subscription service or the technology involved. Press release notifications and newsletters sent by Charité – Universitätsmedizin Berlin contain tracking pixels. Tracking pixels are tiny images embedded in html emails which allow log files to be created and analyzed. Statistical analysis can help establish how successful or unsuccessful an online marketing campaign has been. By using embedded tracking pixels, Charité – Universitätsmedizin Berlin can establish if and when an email has been opened and which links contained within the emails have been used.
Personal data collected via the tracking pixels contained in press release notifications and newsletters are stored and analyzed by the data controller, both to optimize the press release and newsletter subscription service and to adapt the content of future press release notifications and newsletters to better match the interests of the data subject. Personal data collected as part of the press release and/or newsletter subscription service will not be disclosed to third parties. Following your consent, Point (a) of Article 6(1) of the GDPR shall serve as the legal basis for the processing of data collected while providing our press release and/or newsletters.
5.2 Duration of storage and cancellation of registration
The processing of your data shall continue until your subscription to our press release notification service or our newsletter is canceled. All emails contain a link which can be used to cancel the subscription. Subscribers can also visit the data controller's website to cancel their subscription to the press release and newsletter subscription service. Alternatively, subscribers may choose to use a different method to inform the data controller of their decision to cancel their subscription (datenschutzbeauftragte(at)charite.de).
6. Means of contact
In line with statutory requirements, the website of Charité – Universitätsmedizin Berlin contains information which enables users to contact the organization quickly via electronic means and communicate directly with us. This information includes a generic email address. Where a data subject contacts the data controller via email or by using a contact form, any personal data transmitted by the data subject shall be stored automatically.
6.1 Processing purpose and legal basis
Once voluntarily transmitted to the data controller by the data subject, these data are stored for the purposes of further processing or to get in contact with the data subject. Point (f) of Article 6(1) of the GDPR shall serve as the legal basis for the processing of data transmitted via email or contact form, which is necessary for the purpose of getting into contact via email or by using a contact form. Where the aim of this contact is to enter into a contract or perform an existing contract, the legal basis for processing shall be Point (b) of Article 6(1) of the GDPR. There shall be no disclosure to third parties of any of these personal data.
6.2 Duration for which data will be stored
When we no longer need your data for the purpose of processing your request, we shall erase your personal data. Unless we are under a legal obligation to retain these for longer, this will usually be the case once the conversation with you has come to an end.
7. Data protection arrangements for applicants and the application process
The data controller shall both collect and process the personal data of applicants (contact information, resumé/CV, qualifications, cover letter) for the purpose of administering the application process. For detailed information on applying via email or letter, please see: https://www.charite.de/service/datenschutz/bewerbungsverfahren/.
If you are applying for a professorship, the relevant data processing-related information can be found on Charité’s professorship applications portal: https://www.charite.de/service/datenschutz/bewerbungsverfahren/.
8. Internal information on the coronavirus pandemic
Charité members of staff should visit the following website for up-to-date information during the current pandemic: https://corona.charite.de. Once on this page, you will be able to use your Charité staff account details to register. You will be automatically logged into the intranet. Your employment relationship with Charité shall serve as the basis for the processing of any data collected in order to grant access to this web page and the intranet. In doing so, Charité fulfills its duty of care as your employer. You will of course continue to be able to access the intranet in the usual way.
If you would prefer to withhold your data, you will unfortunately be unable to log in. You will also be unable to access the website. This is because your personal data are essential for the purpose of logging in.
9.1 We use the following types of cookies:
Cookies may be needed to ensure the full functionality of our website. For instance, cookies can tell us when you have logged into our website.
We will use data collected via cookies for as long as this is necessary for the stated purpose.
The following table lists the types of cookies used on our website.
Server-side session ID (PHPSESSID)
Strictly necessary cookies for website display
Only valid until the end of the browser session
Accessibility, contrast settings
Activation of high-contrast version of the website
TYPO3 Frontend Login (fe_typo_user)
Logging into a password-protected area
Only valid until the end of the browser session
TYPO3 Backend Login (be_typo_user)
Logging into TYPO3 backend for website editor privileges
Only valid until the end of the browser session
10. Use of Matomo
We use Matomo to analyze the behavior and visiting patterns of visitors to our website. The main data collected and stored during visits to individual web pages within our site include the following:
- Your IP address
- Basic user information (e.g. country of origin, type of device, operating system, browser, screen resolution)
- Number of pages accessed
- Unique visits (returning visitors over a specific period of time)
- Time on website
- Bounce rate (visitors to a website who only visit a single page)
- Time of access
- Most frequently visited pages
- Entry and exit pages
- Referrers (direct access, search engine, website)
- Search terms used
Once your IP address has been recorded, it will be anonymized. This ensures that your IP address cannot be linked back to you. All other personal data will be processed through aggregation into reports.
By using the following Matomo statistics, we track returning visitors as if they were new visitors:
- Visits by visit count (engagement statistic)
- Visits by days since last visit (engagement statistic)
- Visits to conversion (goal performance statistic)
- Days to conversion (goal performance statistic)
We shall erase your data as soon as these are no longer needed to deliver and improve the contents and functionality of our website. Usually, this will happen immediately after your IP address has been anonymized. As for all other data, these will be compiled after a maximum of 14 days, following which they can no longer be linked back to an individual, or they will be erased after 30 days.
There is no legal or contractual requirement to provide personal data. However, providing these data is necessary in order to visit our website. If you are not happy for your browsing data to be stored and analyzed, you may refuse your consent by a simple click of the mouse (below), or by turning on your browser’s ‘Do Not Track’ option. If you are using the ‘Do Not Track’ setting, our system will recognize this automatically. You will not need to actively decline consent.
If you actively decline consent, an opt-out cookie will be installed on your browser; this prevents Matomo from collecting browsing data. Please note that, by deleting cookies, you will also delete our opt-out cookie; this may need to be reactivated. If your cookie settings prevent these data from being collected, you may not have access to the full functionality of the Charité website. Failure to provide these data shall not result in adverse legal consequences for you.
If you activate the opt-out option by clicking the check box, Matomo will place a cookie on your system (_pk_ignore). Alternatively, you may use your browser’s ‘Do Not Track’ option.
11. Information on Social Media (Facebook, Twitter, Instagram)
11.1 General information
11.1.1 Social media links on the Charité website
A visit to our website will not initially result in the disclosure of your personal data to social media platform operators. You will only find passive links to Facebook, Instagram and Twitter on our website: we feature neither deactivated social media buttons nor active plug-ins. For this reason, personal data will only be transmitted to the social media platform operators once you actively click on one of these links and are redirected to the relevant social media site.
Point (a) of Article 6(1) shall serve as the legal basis for the processing of browsing data obtained when you access our website via a link. This processing is based on your consent, which you provided when activating said link. Please note that the data processing conducted by Facebook, Twitter and Instagram may include the processing of user data outside the European Union. This may result in users being exposed to additional risks, as it may make the enforcement of users’ rights more difficult. For details, please consult the data protection statements issued by Facebook, Twitter and Instagram. Please note that all US-based service providers certified under the Privacy Shield commit to compliance with EU data protection requirements.
11.1.2 Charité’s social media websites
You can find us on Facebook, Twitter and Instagram. We use plugins which contain services provided by third parties not connected to Charité. The social media accounts of Charité – Universitätsmedizin Berlin help us to provide you with more multimedia-based information. They also enable us to communicate with you and exchange ideas on a range of important issues. Along with the providers of these social networking services, we use our social media sites to collect and process personal information on our users. The aim of this data protection statement is to inform you of the nature of the personal data we collect via our social media sites, and the way in which we use these data.
Regarding our social media accounts, we share responsibility with the providers of the relevant social media platforms for the collection of your data, their processing on our social media pages and their transmission (refer to Article 26 of the GDPR). Point (f) of Article 6(1) of the GDPR shall serve as the legal basis for this processing, which is necessary for the pursuit of our legitimate interests of engaging in public relations activities, providing you with health-related information and entering into direct communication with you. For any additional processing carried out in relation to these social media sites, the platform provider shall act as the sole controller under the GDPR.
In regard to our site, which we provide via the social media provider's platform, the provider grants us access to the following categories of data:
- The social media platform provider grants us access to web analytics data which provide information on the use of our social media sites. The web analytics data visible to us do not permit us to analyze the behavior of individual users. We can only view aggregated data (including data on numbers of visits, likes, followers, country of origin, age group, gender) which provide information on our audience and the manner in which visitors use our social media site. Individual user data which were used to produce these web analytics data are not transmitted to us.
- We can adjust our social media site’s settings to target our site or individual items published on the site to a specific audience. Adjusting general parameters (e.g. age group, language, region, interests) enables us to target our content at specific groups. The data provided to us by the social media platform providers do not enable us to contact or identify individual persons.
- If you contact us directly via the social media provider or interact with us in any other way that involves knowingly transmitting personal data (e.g. by establishing a direct link with our social media site), we shall store and process these personal data in line with the purposes for which you transmitted them.
- We will only process these data for the purpose of providing targeted notifications regarding content on our social media site and in order to better understand and optimize the way in which our social media site is used.
- We will store usernames and comments which have been blocked or deleted following a breach of our netiquette rules. These are stored solely for the purpose of serving as evidence in potential legal disputes arising within the permitted time period.
Please consult the information below regarding other purposes of processing and the categories of data concerned. This is provided separately for each of the social media platforms used.
Our website contains a link to the Facebook social networking site provided by Meta Platforms Inc., 1601 S. California Ave. Palo Alto, CA 94304, USA, and operated within the EU by Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland (jointly referred to as “Facebook”). Clicking on this link will take you to the Facebook website. This action notifies Facebook of your IP address and the fact that the user of this IP address has accessed the page you visited. Provided you are logged into your Facebook account, Facebook will be able to link this visit to your Facebook account. If you interact with the plugins, e.g. by clicking the ‘Like’ button or posting a comment, your browser will transmit the relevant information directly to Facebook, where it will be stored.
You will find us on Facebook under Charité - Universitätsmedizin Berlin. Our username is @ChariteUniversitaetsmedizinBerlin. In this context, please note that Charité – Universitätsmedizin Berlin has accepted Facebook’s Page Insights Controller Addendum.
If you visit our fan page, Facebook will collect, store and process your personal data in line with Facebook’s Data Policy. The Facebook Data Policy is available here: https://www.facebook.com/policy.php/
While we also carry out some data processing, this processing shall not exceed the scope and limited data sets described above (see section 12.1.2).
The processing of your personal data will be performed not only by Meta Platforms Ireland Limited but also by Meta Platforms Inc. in the United States of America. The USA is a third country that does not have an EC adequacy decision, meaning it does not provide an adequate level of protection for personal data. Through its use of standard contractual clauses, Facebook Inc. guarantees compliance with EU data protection provisions even where data processing occurs in the USA.
For the standard contractual clauses, please see https://www.facebook.com/policy.php/
Once you have clicked on the Twitter link, you will be taken to our Twitter feed, a service provided by Twitter Inc. 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The link can be identified by the Twitter logo. Our Twitter account (@ChariteBerlin) is used for media and public relations purposes and covers all issues pertaining to Charité - Universitätsmedizin Berlin.
We have no influence over the nature or scope of the data processed by Twitter, the way in which these data are processed or used, or the disclosure of these data to third parties. Nor do we have any effective means of regulating this.
By using Twitter, you will have your personal data collected, transmitted, stored, disclosed and used by Twitter Inc. and, regardless of your place of residence, it will be transferred to the United States, Ireland and any other country in which Twitter Inc. conducts business, where it will be stored and used.
As part of these activities, Twitter will process data which you have provided voluntarily when uploading or synchronizing them, such as your name and username, email address, telephone number and the contacts in your address book.
However, Twitter will also analyze the content you share in order to determine the topics you are interested in. Twitter will also store and process confidential messages sent by you to other users, and can determine your location based on GPS data, information on wireless networks or your IP address. This is done with the aim of sending you advertising material and other contents.
Twitter Inc. may use web analytics tools such as Twitter Analytics or Google Analytics to analyze your data. Charité has no influence over the use of such tools by Twitter Inc. and has not been informed of any potential use of such tools. Should Twitter Inc. use such tools in relation to Charité’s account, this use was not commissioned or approved or in any other way supported by Charité. Data generated as a result of this analysis will not be made available to us. Via the Charité account, we only have access to certain types of non-personal information on Twitter activity, such as the number of profile or link clicks generated by a specific tweet. Please note that Charité has no way of preventing or deactivating the use of such tools on our Twitter account.
Last but not least, Twitter will receive information on site usage (such as when you look at content), even if you haven’t created an account. This is known as ‘log data’ and can include your IP address, browser type, operating system, information on the website you previously visited and the pages you accessed, your location, your cell/mobile phone provider, the end device you are using (including device ID and application ID), the search terms you used and cookie-related information.
It is possible to limit the processing of your data by adjusting the ‘General’ account settings of your Twitter account and by consulting the tab ‘Privacy and safety’. On your mobile devices (smartphones, tablets), you furthermore have the option of using your device settings to limit the degree to which Twitter can access your contact and calendar data, photos, location data etc. The extent to which this is possible will depend on the operating system used.
While we also carry out some data processing, this processing shall not exceed the scope and limited data sets described above (see section 12.1.2).
The processing of your personal data will be performed not only by Twitter Ireland but also by Twitter Inc. in the United States of America. The USA is a third country that does not have an EC adequacy decision, meaning it does not provide an adequate level of protection for personal data. Through its use of standard contractual clauses, Twitter Inc. guarantees compliance with EU data protection provisions even where data processing occurs in the USA.
For the standard contractual clauses, please see https://twitter.com/en/privacy.
We use the Facelift social media management tool, provided by Facelift brand building technologies GmbH, Gerhofstr. 19, 20354 Hamburg, to manage our social media activities more efficiently. The Facelift Data Protection Declaration is available here: https://www.facelift-bbt.com/de/imprint
The primary purpose of Facelift is to make it easier for us to manage our social media accounts. Using the comments function on one of our social media pages to ask a question that matches a list of questions recorded on Facelift will result in the user’s username and the text entered being transferred to the Facelift management tool, where we will be able to view it. Both the username and the text entered by the user will be deleted as soon as the question has been answered. The legal basis for processing is provided by Point (f) of Article 6(1) of the GDPR. We use Facelift as we have a legitimate interest in increasing the efficiency of managing the contents on our Twitter profile while saving both time and costs involved in managing communication with visitors to our profile (reading and responding to comments). It is therefore also in the interest of our visitors that Charité should be made aware of their contents quickly and be in a position to acknowledge and/or respond to content should this be warranted. This allows us to gain a better understanding of user-generated comments and makes it easier for us to communicate with visitors to our social media accounts. This processing of personal data qualifies as necessary for the purpose of the legitimate interests of the controller pursuant to Point (f) of Article 6(1).
Our Instagram account is operated by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The relevant link used on our website can be identified by the Instagram camera icon. You will find us under the username @chariteberlin.
Your browser will only establish a direct connection to Facebook’s servers once you click on this link. When you visit our Instagram account, Facebook will receive notification that your browser has accessed the relevant page from our overall web presence, even if you do not have an Instagram profile or are not currently logged into Instagram. This information (including your IP address) will be transmitted directly from your browser to Facebook servers in Ireland and the United States, where it will be stored.
A visit to our Instagram profile will result in Facebook, as the provider of the service, storing and processing your personal data in line with Facebook’s Data Policy. The Instagram Data Policy is available here. https://www.facebook.com/help/instagram/155833707900388
While we also carry out some data processing, this processing shall not exceed the scope and limited data sets described above (see section 12.1.2).
The processing of your personal data will be performed not only by Meta Platforms Ireland Limited but also byMeta Platforms Inc. in the United States of America. The USA is a third country that does not have an EC adequacy decision, meaning it does not provide an adequate level of protection for personal data. Through its use of standard contractual clauses, Facebook Inc. guarantees compliance with EU data protection provisions even where data processing occurs in the USA. For the standard contractual clauses, please see https://www.facebook.com/policy.php/.
All of Charité’s social media sites use Talkwalker for the purpose of brand monitoring and to optimize our social media performance. Brand monitoring comprises the monitoring, collection and analysis of brand-related mentions, perceptions and statements about Charité across the full range of social media sites. The primary aim is to monitor the reputation and acceptance of the Charité brand by the general public and among consumers, and also analyze it in terms of specific target demographics. This social media analytics service is provided by Talkwalker Sàrl, 12-16 Avenue Monterey, L-2163 Luxembourg. Talkwalker uses a range of methods which enable it to analyze how you use any and all of your social media platforms. This includes cookies. This social media analytics service includes, above all, the comprehensive analysis of any information and opinions pertaining to Charité posted on social media platforms – as well as their disclosure to us. It also offers a search engine option which enables us to conduct brand monitoring, trend research and comparisons with our competitors, and to track Charité’s campaigns. The processing of your personal data constitutes a legitimate interest under Point (f) of Article 6(1) of the GDPR. We have a legitimate interest in constantly being updated on what is being published or said about Charité, and to have this information available in order to be able to respond to problems, including safety-related issues or ‘fake news’. Once a particular purpose ceases to exist and Talkwalker is no longer used, we shall erase any data collected in relation to this purpose.
12. Links to other websites
Our website contains links to other websites. This is intended to make our website more user-friendly and enables us to provide relevant information. All external links are marked using a standard symbol, e.g. "Link". External links may link to external websites or videos. Clicking on a video link on our website will take you to an external website (e.g. Vimeo). Any such videos will play exclusively on the external website. Any processing of your personal data will take place on this external site.
External websites are operated independently of our web presence. If we provide links to the websites of other organizations, the processing of personal data by these organizations shall not be covered by this data protection statement. Linked pages will have their own data protection guidelines or statements. We would advise you to check these carefully when visiting a linked website. If you visit linked websites which are neither owned by us nor under our control, we shall not be liable for the content or use of such websites, or for the data protection provisions implemented by these websites.
13. Data processors and third parties
Where we transmit your personal data to service providers and other third parties, this will be done in compliance with all relevant data protection laws.
We can disclose your personal data to service providers which have been contracted by us and oblige them to perform their services on our behalf. This applies, in particular, to the processing of your personal data which is performed as part of website maintenance. We shall be observing the strict provisions of all relevant national and European data protection legislation. We are using the services of an IT service provider to operate this website. This service provider is subject to our instructions and obliged to adhere to strict contractual terms which limit the processing of personal data. According to these terms, processing shall only be permitted where this is necessary to deliver the services which are being performed on our behalf or to comply with legal requirements. We shall specify in advance the rights and responsibilities which our service providers should have in relation to personal data.
The data controller and the service providers contracted by him/her shall transmit your personal data to law enforcement authorities or other government agencies:
- where they are required to do so by law
- where they are required to do so by court order
- if they believe that this disclosure is necessary or appropriate in order to prevent physical harm or financial loss, or if the disclosure forms part of an investigation of suspected or actual fraudulent or illegal activities.
In the event that the controller or the controller’s assets are sold, transferred or in any other way restructured in whole or in part, we shall furthermore reserve the right to transmit any of the data we hold on you. Should the sale or transfer happen in the middle of an ongoing recruitment process, the controller shall make reasonable efforts to ensure that the transferee will use the personal data provided in a manner that is commensurate with the terms of our data protection statement. Once a sale or transfer of this kind has been completed, you will be able to direct any queries regarding the processing of these data to the entity or office which receive the personal data transmitted by the data controller.
14. Routine erasure and ‘blocking’ of personal data
The data controller shall only process and store the data subject’s personal data for the period necessary to achieve the purpose for which the data are being stored, or if this is mandated by the European or another legislator and set down in laws or regulations to which the data controller is subject.
Where the purpose for which the data are stored no longer applies, or the retention period mandated by European law or the law of another relevant legislator has expired, personal data shall be blocked or erased in line with the relevant legal provisions.
Details of the processing/retention periods for each processing step have been provided separately and can be found in the relevant sections.
15. Rights of the data subject
15.1 Data subject's rights regarding personal data
If any of your personal data are subject to processing, this makes you a data subject under the GDPR, meaning you are entitled to assert your ‘rights of the data subject’. You have the following rights vis-à-vis the controller (us) regarding the processing of your personal data:
- Right to withdraw consent for personal data processing (Article 7(3) of the GDPR)
- Right to access (Article 15 GDPR)
- Right to rectification (Article 16 GDPR)
- Right to erasure (‘right to be forgotten’) (Article 17 GDPR)
- Right to restriction of processing (Article 18 GDPR)
- Right to data portability (Article 20 GDPR)
- Right to object (Article 21 GDPR)
- Right to lodge a complaint with a supervisory authority (Point (d) of Article 13(2) GDPR)
15.2 Additional information on your rights can be found in the following section
15.2.1 Right to withdraw consent for personal data processing
Where the processing of your personal data is based on your consent, you have the right to withdraw your consent for any future processing at any time. This withdrawal of consent shall not affect the lawfulness of any processing which was performed based on this consent before its withdrawal. The withdrawal of consent process is described in the relevant sections of this data protection statement and in the consent statement itself. Alternatively, you may withdraw your consent by sending an email to datenschutzbeauftragte(at)charite.de.
15.2.2 Right to obtain confirmation
You have the right to request confirmation from the data controller as to whether or not any of your personal data are being processed.
15.2.3 Right of access
You have the right to obtain from the data controller at any time, and without having to make a payment, information about any personal data being held on you, and to be furnished with a copy of any such information. European law also mandates that you have the right to access to the following information:
- the purposes of processing
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
- where possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
- the existence of a right to request from the controller rectification or erasure of personal data concerning you, or the restriction of processing of such personal data by the controller, or the right to object to such processing
- the existence of a right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject, any available information as to their source
- the existence of automated decision-making, including profiling as per Article 22(1) and (4) of the GDPR and – at least in those cases – meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing on the data subject
Whether personal data have been transmitted to a third country or to an international organization - where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
This right to access can be restricted insofar as it is likely to render impossible or seriously impair the achievement of research or statistical purposes and such restrictions are necessary for the fulfillment of these research or statistical purposes.
15.2.4 Right to rectification
You have the right to request the prompt rectification of inaccurate personal data concerning you. Furthermore, and taking into account the purposes of the processing, you have the right to have incomplete personal data completed – including by means of a supplementary statement.
15.2.5 Right to erasure (‘right to be forgotten’)
You have the right to request from the data controller the prompt erasure of any personal data on you, provided one of the following reasons apply, and provided there is no need for the processing of these data:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed
- The data subject withdraws the consent on which the processing was based pursuant to Point (a) of Article 6(1) of the GDPR, or Point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR
- The personal data have been unlawfully processed
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
- The personal data were collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR
Provided one of the above-mentioned grounds for erasure apply and you wish to arrange for the erasure of personal data stored by Charité – Universitätsmedizin Berlin, you may do so at any time by contacting a member of staff of the data controller. The member of staff of Charité – Universitätsmedizin Berlin will then ensure that this request for erasure is promptly complied with.
The right to erasure shall not apply where processing is necessary:
- For exercising the right to freedom of expression and information
- For compliance with a legal obligation which requires processing by 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
- For reasons of public interest in the area of public health in accordance with Points (h) and (i) of Article 9(2) and Article 9(3) of the GDPR
- For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR insofar as the right referred to in paragraph (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing
- For the establishment, exercise or defense of legal claims.
15.2.6 Right to restriction of processing
You have the right to request from the controller the restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims
- The data subject has objected to the processing pursuant to Article 21(1) of the GDPR, and verification as to whether the legitimate grounds of the controller override those of the data subject remains outstanding
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of legal claims, or for the protections of rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing was obtained pursuant to the above, you shall be informed by the controller before the restriction of processing is lifted.
This right to restriction of processing can be limited insofar as it is likely to render impossible or seriously impair the achievement of research or statistical purposes, and such restrictions are necessary for the fulfillment of these research or statistical purposes.
15.2.7 Right to notification
If you have invoked your right to obtain from the controller the rectification or erasure of personal data or restriction of processing, the controller shall have an obligation to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
You also have the right to request that the controller notify you of those recipients.
15.2.8 Right to data portability
You have the right to receive personal data which you, as the data subject, provided to the controller, in a structured, commonly used and machine-readable format. You shall also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been made available, provided the processing is based on consent pursuant to Point (a) of Article 6(1) of the GDPR or Point (a) of Article 9(2) of the GDPR, or on a contract pursuant to Point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In exercising their right to data portability pursuant to Art 20(1) of the GDPR, the data subject shall also have the right to have their personal data transmitted directly from one controller to another, provided this is technically feasible and does not affect the rights and freedoms of others.
The right to data portability shall not apply to the 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.
15.2.9 Right to object
You shall have the right, on grounds relating to your particular situation, to object, at any time, to the processing of your personal data which is based on Points (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.
In the case of an objection being lodged, Charité – Universitätsmedizin Berlin shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which overrides the interests, rights and freedoms of the data subject, or if processing is for the establishment, exercise or defense of legal claims.
Furthermore, where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, you shall have the right, on grounds relating to your particular situation, to object to the processing of your personal data, unless this processing is necessary for the performance of a task carried out for reasons of public interest.
A data subject wishing to avail themselves of their right to object may do so at any time by contacting the member of staff of Charité – Universitätsmedizin Berlin who is listed in the Legal Notices. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may also exercise your right to object by automated means using technical specifications.
Your right to object can be restricted insofar as it is likely to render impossible or seriously impair the achievement of research or statistical purposes and such restrictions are necessary for the fulfillment of these research or statistical purposes.
15.2.10 Automated individual decision-making, including profiling
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning your person or similarly affects you in a significant way, provided the decision:
- is not necessary for the entering into or performance of a contract between yourself and the controller, or
- is authorized by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject’s rights, freedoms and legitimate interests, or
- is based on your explicit consent.
However, these decisions must not be based on specific categories of personal data as referred to in Article 9(1) of the GDPR, unless Point (a) or (g) of Article 9(2) of the GDPR applies and suitable measures have been implemented to safeguard your rights, freedoms and legitimate interests.
If the decision
- is necessary for the entering into or performance of a contract between yourself and the controller, or
- is based on the data subject's explicit consent,
Charité – Universitätsmedizin Berlin shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests. This shall include, at a minimum, the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
15.2.11 Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedies, you have the right to lodge a complaint with a supervisory authority. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
16. Amendments to our data protection statement
Our data protection statement may be amended from time to time in order to reflect potential changes to our data protection procedures. We shall publish any significant amendments to our data protection statement in clearly visible form on this website. The latest amendment date shall be displayed at the beginning of the statement.