Registered-user privacy notice

Privacy policy for registered MyPraxis users

Data protection is particularly important to MyPraxis. While the MyPraxis website can generally be used for information purposes without registration or the data subject (referred to below as the “user”) providing additional personal data, access to MyPraxis services, such as booking, rescheduling or cancelling appointments and prescription requests, requires a user agreement to be concluded through registration and creation of a user account (“account”), using the personal data requested by MyPraxis and provided by the user. If the user does not wish to provide the requested information, registration and creation of an account with the associated access to MyPraxis services are not possible.

If a user wishes to use MyPraxis services beyond registration, further processing of personal data, potentially including special-category data such as health data, for example the reason for an appointment, becomes necessary. Where there is no statutory basis for such processing, MyPraxis generally obtains consent, either as controller or as processor for the relevant practice. If the user does not wish to provide information necessary for using the services or any necessary consent to processing, these services will not be available to them.

Personal data, including health data, is always processed in accordance with the General Data Protection Regulation (GDPR) and all other data protection provisions.

This privacy policy is intended to inform the user about the nature, scope and purpose of data processing and their associated rights. The general MyPraxis privacy information also applies to registered users in addition to this policy and is available at:

https://www.mypraxis.de/datenschutz

https://www.mypraxis.de/datenschutz_social_media

These notices must also be observed.

As controller or processor for the relevant practice, MyPraxis takes appropriate technical and organisational measures to ensure the security, protection and confidentiality of personal information and personal data that MyPraxis holds or processes in compliance with applicable data protection rules. However, if the user chooses not to use particular data protection safeguards offered by MyPraxis, such as optional password protection, or disables them, the user does so at their own responsibility and is solely liable for any resulting damage; see section 14(6) of the Terms and Conditions.

1. Definitions within the meaning of the GDPR

This privacy policy uses data protection terms within the meaning of the GDPR, such as “personal data”, “controller” and “processor”, which are explained and defined in detail in section 4 GDPR, as cited in the German source.

2. Controller responsible for data processing

The controllers responsible for processing personal data are:

For personal data provided and processed by the user during registration with MyPraxis or general administration of the user's MyPraxis account, the controller is:

AppErfolg · Tobias Reittinger · Hafnerstraße 4 · 93413 Cham, Germany · Telephone: +49 9971 7680132

For personal data necessarily processed when using the services, including special-category data under Article 9(1) GDPR such as health data, the controller is the relevant practice with which the MyPraxis service was used. In this case, MyPraxis acts solely as processor and follows the responsible practice's instructions.

3. Registration

Registration takes place on the MyPraxis website or app through voluntary provision of the personal data requested by MyPraxis. Without provision and processing of that personal data, the user cannot register or access MyPraxis services.

4. Data collection and third-party data

All data that the user provides and transmits during registration, account management and use of the services is collected exclusively and directly from that user.

If the user is not the patient and uses MyPraxis services for a patient added to the user's account under section 7(2) of the Terms and Conditions, the user confirms, both when establishing the user relationship under the Terms and Conditions for registered MyPraxis users and when adding the patient and their details to the user's account, that the patient for whom the services are or will be used has consented to processing of their personal data, including special-category data under Article 9(1) GDPR such as health data, and agrees to use of the services (declaration of consent and agreement). The user must provide evidence of this to MyPraxis when requested. In such cases the user acts exclusively on behalf of the patient, so all patient data is deemed collected exclusively and directly from that patient.

Where the user acts on behalf of a third party and with their consent, the user takes note of this privacy policy for that third party, so this privacy policy is deemed to have been provided and communicated to the third party concerned within the meaning of section 13 GDPR, as cited in the German source.

The user is aware that using a third party's personal data, including special-category data under Article 9 GDPR, without that person's consent and agreement is unlawful and abusive and infringes third-party rights. The user alone is liable to that third party, MyPraxis and/or the relevant practice for all resulting damage; see section 14(4) of the Terms and Conditions.

5. Processing of personal data / categories of personal data

During registration, only “ordinary” personal data within the meaning of Article 4(1) in conjunction with Article 6 GDPR is processed, which does not fall within special categories under Article 9(1) GDPR.

The specific scope and content of personal data processed depends on the data MyPraxis requests and requires for registration, such as a telephone number, email address or password to be set by the user, and any additional personal data the user voluntarily provides and transmits when using the account and services.

The following “ordinary” personal data may typically be collected and processed during registration and general account management:

Name: first name, any middle name, surname and form of address. Contact details: email address, telephone numbers (mobile and landline), contact address. Location data: GPS/location data, contact address, places visited, practice locations. Personal details: age, date of birth, gender, insurance type. Data identifying the data subject: username, email address, telephone number, password, date of birth, first name and surname. Electronic identifiers: IP address, username, email address and telephone number. Images: profile image and profile icon. Appointment timing: time of appointment request and appointment. Prescription data: time of prescription request, collection time and identifying details of the person collecting it, for example first name, surname and date of birth. Relatives: links to relatives' patient records and storage of their details, including first name, surname, date of birth, contact address and relationship. Other entered data: all other personal data the user can provide when signing in, creating a personal profile and using the services. The ordinary personal data listed above is also processed beyond registration when using MyPraxis services and transmitted to the relevant practice as controller. MyPraxis acts as processor for the practice under Article 28 GDPR on the basis of a separate data processing agreement.

Use of the services may also involve processing special-category data under Article 9(1) GDPR, in particular health data under Article 4(15) GDPR. Here too, MyPraxis acts as processor under Article 28 GDPR for the relevant practice as controller. The following data may be processed:

Data about the reason for intended medical treatment, particularly for appointment bookings: illnesses, clinical condition, health complaints, symptoms, physical or mental impairments, course or status of treatment, form of treatment and medication. Data about current or intended medication, particularly for prescription requests: name of medication taken or to be taken, duration and frequency of intended use, side effects or complaints during use, medication history or treatment plan, and mental and/or physical health. Data permitting inferences about healthcare services: previous or future treatment providers and their services (appointment history), and further free-text notes within the patient record. Appointment status: type of status, such as “In the waiting room” or “In treatment”.

6. Purpose of data processing

MyPraxis processes all personal data, as controller or processor, for the following purposes:

• Registration, creation of a user account and access to MyPraxis services
• Contact with a practice when using the services
• Management of service results in the user's account
• Reminding the user about booked appointments and prescriptions ready for collection
• Optimising and facilitating the treatment relationship between patient and practice through MyPraxis services
• Data security through backups
• Enabling liability claims to be handled and claims against the user to be pursued, for example if the user misuses third-party data

7. Legal bases for data processing

Where MyPraxis processes the user's personal data as controller, processing is lawful on the basis of the following conditions under Article 6 GDPR:

• Processing is necessary to perform the user agreement to which the user is a party, or to take steps before entering into a contract at the user's request, under Article 6(1), first sentence, point (b) GDPR.
• Processing is necessary for the following legitimate interests pursued by MyPraxis as controller, provided the user's interests or fundamental rights and freedoms requiring protection of personal data do not override them, under Article 6(1), first sentence, point (f) GDPR: ensuring communication between user and practice is as effective and quick as possible when using the services.
• Maintaining MyPraxis's high quality standards for its services and their ease of use
• Ensuring the benefits of MyPraxis services for users and practices, particularly in establishing and carrying out a treatment relationship
• Where required by law, processing is based on the user's prior consent under Article 6(1), first sentence, point (a) GDPR.

Where personal data is processed on the basis of legitimate interests, the user has the right to object on grounds arising from their particular situation. To exercise this right, a simple email to info@mypraxis.de is sufficient, indicating that the user is exercising the right to object and explaining their particular situation.

Where the relevant practice is the controller and MyPraxis acts only as processor under Article 28 GDPR, the above explanations of legal bases apply to processing ordinary personal data under Article 4(1) in conjunction with Article 6 GDPR. Processing special-category data under Article 9(1) GDPR, in particular health data under Article 4(15) GDPR, is subject to the following:

By registering with MyPraxis and agreeing to the Terms and Conditions for registered users, the user also consents, in accordance with Article 7 GDPR, to processing their special-category data under Article 9(1) GDPR, in particular health data under Article 4(15) GDPR. The legal basis for processing this user data is therefore their consent under Article 6(1), first sentence, point (a) GDPR.

If the relevant practice uses MyPraxis for patient management and a treatment relationship already exists, the practice itself obtains the user's consent to data processing as part of properly establishing and carrying out the treatment relationship if it has not already been obtained, for example because the user is not registered with MyPraxis or does not use its services. In this case too, processing is based on the user's consent under Article 6(1), first sentence, point (a) GDPR.

If the user uses MyPraxis services for third parties, special-category data under Article 9(1) GDPR, in particular health data under Article 4(15) GDPR, is likewise processed lawfully on the basis of the third party's consent under Article 6(1), first sentence, point (a) GDPR. The user must confirm that consent exists and provide evidence when requested.

8. Embedding external maps and redirecting to external maps

MyPraxis embeds external maps from Google Maps and Apple Maps as an additional account function and allows users to be redirected from their account to external maps; see section 11 of the Terms and Conditions.

Embedding maps or redirecting to them may transmit the user's IP address and location to the map provider.

Use of maps may also set and store cookies on the user's device. For example, use of Google Maps currently sets and stores an NID cookie. According to Google, this cookie is included in requests sent by users' browsers to Google websites and contains a unique ID used to store the user's preferred settings and other information, particularly preferred language, such as German, the number of search results per page, such as 10 or 20, and whether the Google SafeSearch filter should be enabled. The map provider may also use cookies for further purposes, such as advertising; this cannot be ruled out. Similar activity may also be possible when using Apple Maps.

To avoid unwanted transmission of data to map providers and the setting of cookies on the user's device, external maps are initially disabled in the user's account. Data is transmitted and cookies used only when the user knowingly and intentionally enables this service; the same applies when the user actively and intentionally requests redirection to external maps. Before activation or redirection, the user receives express information about the nature and scope of data transmitted to the map provider and the associated processing. Before processing for the first time, MyPraxis obtains the user's consent meeting Article 7 GDPR requirements for future map use and explains the right to withdraw consent under Article 7(3) GDPR.

Cooperation with Google and Apple as external map providers is in each case based on a joint controllership agreement under Article 26 GDPR, available at:

https://www.mypraxis.de/datenschutz_google_maps

https://www.mypraxis.de/datenschutz_apple_maps

The agreements can be accessed using the above links.

Further information about data protection and processing in connection with external maps can be found on the relevant map provider's websites (Google and Apple) and in their published privacy notices and terms of use.

9. Disclosure to third parties / recipients of personal data

Personal data may be disclosed to third parties as part of lawful processing for the stated purposes. Personal data is not transmitted to third parties for purposes other than those for which MyPraxis collected or otherwise processed it as controller or processor.

In addition to MyPraxis itself, the recipients or categories of recipients of personal data when using MyPraxis are:

• Practices using MyPraxis under a contract with which the user makes contact and communicates through MyPraxis services
• External map providers, where the user uses this MyPraxis function and has consented to the relevant processing
• Servers used by MyPraxis for data storage and communication
• Mobile network and telecommunications providers used particularly when the MyPraxis reminder function is enabled
• Any further processors under Article 28 GDPR (subcontractors), subject to the data processing provisions agreed between MyPraxis and the practices

MyPraxis uses the following subcontractors to provide its service:

Name, address and service: AppERFOLG Tobias Reittinger, Hafnerstraße 4, 93413 Cham: programming and technical support for the IT infrastructure. All-Inkl.com – Neue Medien Münnich, Hauptstraße 68, 02742 Friedersdorf: data centre, web hosting and server operation in Germany (server location: Dresden). Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen: data centre, web hosting and server operation in Germany (server locations: Nuremberg and Falkenstein). Kloppe Media, proprietor Michael Kloppe, Ansbacher Str. 85, 91541 Rothenburg: SMS delivery and voice calls (text to voice), receipt of incoming SMS messages and calls (SMS and voice inbound). CM Telecom Germany GmbH, Dr.-Eugen-Schön-Straße 35, 97332 Volkach: SMS delivery and voice calls (text to voice), receipt of incoming SMS messages and calls (SMS and voice inbound). As controller, MyPraxis cooperates with the following external map providers (section 8) on the basis of an agreement on joint cooperation within the meaning of Article 26 GDPR:

Name and address: Google Ireland Limited (Google Maps), Gordon House, Barrow Street, Dublin 4, Ireland. Apple Inc. (Apple Maps), One Apple Park Way, Cupertino, California, USA 95014.

10. Transfer of personal data to a third country or an international organisation

Using Apple as map provider (Apple Maps, referred to below as “Apple”), One Apple Park Way, Cupertino, California, USA 95014, on the basis of a joint controllership agreement under Article 26 GDPR involves transfer of ordinary personal data under Article 4(1) in conjunction with Article 6 GDPR to a third country.

Processing therefore takes place not exclusively in a Member State of the European Union or another contracting state to the Agreement on the European Economic Area, but in a third country. Such a transfer is generally permitted only under Articles 44 et seq. GDPR.

There may currently be no European Commission adequacy decision under Article 45(1) and (3) GDPR for the country in which Apple is established and the personal data is processed. This means the Commission may not yet have positively determined that the third country's level of data protection corresponds to that of the European Union under the GDPR.

The GDPR requires appropriate safeguards for transfers to a third country under Article 46(2) and (3). Such safeguards may not exist for this third country.

This creates potential risks that MyPraxis as controller cannot currently rule out, particularly:

• Apple may disclose personal data transferred to the third country to other third parties beyond the actual purpose of performing the service.
• MyPraxis as controller may be unable, or unable sufficiently, to assert or enforce its GDPR rights against Apple, particularly rights to information.
• There may be an increased likelihood of incorrect data processing because technical and organisational measures protecting personal data do not meet GDPR requirements, or do not fully meet them, in quantitative or qualitative terms.

Before enabling or using maps, or being redirected to them through MyPraxis, the user therefore expressly consents under Article 49(1)(a) GDPR to transmission of personal data to Apple, established outside a Member State of the European Union or another contracting state to the Agreement on the European Economic Area, so that lawful processing is ensured. The user is again expressly informed as described above in section 10. If the user does not wish to give this consent, they cannot use this service (Apple Maps).

The user may withdraw this consent at any time by sending MyPraxis as controller a corresponding declaration in text form. An email to info@mypraxis.de is sufficient. Withdrawal does not affect the lawfulness of processing carried out on the basis of consent before withdrawal. If consent is withdrawn, the maps are disabled; redirection to Apple maps through MyPraxis is then possible only after renewed consent.

11. Duration of data storage and criteria determining it

Personal data is retained for as long as necessary for the purposes for which MyPraxis collected or otherwise processed it as controller. When this is no longer the case, data is deleted unless a statutory retention obligation or another legal ground permits further storage.

Independently of this, personal data, including special-category data under Article 9(1) GDPR, transmitted to a practice by MyPraxis as processor, for example during appointment bookings or prescription requests, remains with that practice. The relevant practice's privacy provisions govern its further processing as controller.

12. Rights of the user as data subject

The user has the right:

• Under Article 7(3) GDPR, to withdraw consent previously given to MyPraxis at any time. Processing based on that consent may then no longer continue in the future. Withdrawal does not affect the lawfulness of processing carried out on the basis of consent before withdrawal.
• Under Article 15 GDPR, to request access to personal data processed by MyPraxis. In particular, the user may request information about processing purposes, categories of personal data, categories of recipients to whom data has been or will be disclosed, the envisaged retention period, rights to rectification, erasure, restriction or objection, the right to lodge a complaint, the source of data if not collected by MyPraxis, and the existence of automated decision-making, including profiling, and, where applicable, meaningful information about its details.
• Under Article 16 GDPR, to request without delay the rectification of inaccurate personal data or completion of personal data stored by MyPraxis.
• Under Article 17 GDPR, to request erasure of personal data stored by MyPraxis unless processing is necessary to exercise freedom of expression and information, comply with a legal obligation, serve reasons of public interest, or establish, exercise or defend legal claims.
• Under Article 18 GDPR, to request restriction of processing where the user contests accuracy, processing is unlawful but the user opposes erasure, MyPraxis no longer needs the data but the user needs it to establish, exercise or defend legal claims, or the user has objected to processing under Article 21 GDPR.
• Under Article 20 GDPR, to receive personal data provided to MyPraxis as controller or processor in a structured, commonly used, machine-readable format, or request its transfer to another controller; and
• Under Article 77 GDPR, to lodge a complaint with a supervisory authority. The user may generally contact the authority of their habitual residence, place of work or the place of the alleged infringement.

13. Processing for other purposes

If MyPraxis intends to process personal data further for a purpose other than that for which it was collected, MyPraxis provides the user, before that further processing, with information about the other purpose and all other relevant information in accordance with this privacy policy, and draws attention to the possibility of objecting.