(+34) 971 90 52 02 info@tom-mallorca.com

Privacy Protection

In the following, we will inform you about the type, scope and purpose of the processing of personal data by our company in accordance with the legal requirements of data protection law (in particular in accordance with BDSG n.F. and the European General Data Protection Regulation ‘GDPR’). This data protection declaration also applies to our websites and social media profiles. With regard to the

definition of terms such as “personal data” or “processing”, we refer to Art. 4 GDPR.

 

Name and contact details of the person responsible

Our responsible person (hereinafter “responsible person”) within the meaning of Art. 4 no. 7 GDPR is:

 

Mallorca Special Surgery SL

Cami dels Reis 308, bloque A 3era planta

E-07010 Palma

Managing Director PD Dr. med. Patric Garcia

Doctor register number: 070710257

Tax number: B16559809

Email address: info@tom-mallorca.com

 

Types of data, purposes of processing and categories of data subjects

 

In the following we will inform you about the type, scope and purpose of the collection, processing and use of personal data.

 

  1. Types of data we process

Usage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact details (telephone number, e-mail, fax, etc.),

 

  1. Purposes of processing according to Art. 13 Parra. 1 c) GDPR

Fulfillment of statutory retention requirements, optimization and statistical evaluation of our services,

improve user experience, design the website in a user-friendly manner, customer service and customer care, process contact requests.

 

  1. Categories of data subjects according to Art. 13 Para. 1 e) GDPR

Visitors / users of the website, customers, interested parties.

The data subjects are collectively referred to as “users”.

 

Legal basis for processing personal data

In the following we will inform you about the legal basis for the processing of personal data:

  1. If we have obtained your consent for the processing of personal data, the legal basis is Art. 6 Para. 1 S. 1 lit. a) GDPR.
  2. If processing is necessary to fulfill a contract or to carry out pre-contractual measures, which are carried out at your request, the legal basis is Art. 6 Para. 1 S. 1 lit. b) GDPR.
  3. If processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory retention requirements), the legal basis is Art. 6 Para. 1 S. 1 lit. c) GDPR.
  4. If processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is Art. 6 Para. 1 S. 1 lit.d) GDPR.
  5. If processing is necessary to safeguard our interests or the legitimate interests of a third party and if your interests or fundamental rights and freedoms do not outweigh your interests, Article 6 (1) sentence 1 lit.f) GDPR is the legal basis.

 

Transfer of personal data to third parties and processors

As a matter of principle, we will not pass on any data to third parties without your consent. If this is the case, then the transfer takes place on the basis of the aforementioned legal bases, e.g. when transferring data to online payment providers for the fulfillment of a contract or due to a court order or due to a legal obligation to surrender the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights. We also use contract processors (external service providers e.g. for web hosting our websites and databases) to process your data. If data is passed on to the processors as part of an agreement for order processing, this always takes place in accordance with Art. 28 GDPR. We carefully select our processors, check them regularly and have given us the right to issue instructions with regard to the data. In addition, the processors must have taken suitable technical and organizational measures and comply with the data protection regulations according to BDSG new version and GDPR

 

Data transfer to third countries

 

The adoption of the European General Data Protection Regulation (GDPR) created a uniform basis for data protection in Europe. Your data will therefore mainly be processed by companies for which the GDPR applies. Should the processing by third party services take place outside the European Union or the European Economic Area, then these must meet the special requirements of Art. 44 ff. GDPR. This means that processing takes place on the basis of special guarantees, such as the establishment of a

data protection level that is officially recognized by the EU Commission or compliance with officially recognized special contractual obligations, the so-called “standard contractual clauses”. In the case of US companies, submission to the so-called “Privacy Shield”, the data protection agreement between the EU and the USA, fulfills these requirements.

 

Deletion of data and storage duration

Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as the purpose for storage no longer applies, unless further storage is necessary for evidential purposes or if there are statutory retention requirements. This includes, for example, commercial law retention obligations for business letters in accordance with Section 257 (1) HGB (6 years) and tax retention obligations in accordance with Section 147 (1) AO of documents (10 years). When the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfillment of a contract.

 

Existence of automated decision-making

We do not use automatic decision-making or profiling.

 

Provision of our website and creation of log files

  1. If you only use our website for information purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you want to view our website, we collect the following data:
  • IP address;
  • Internet service provider of the user;
  • the date and time of the request;
  • browser type;
  • language and browser version;
  • content of the call;
  • time zone;
  • Access status / HTTP status code;
  • amount of data;
  • Websites from which the request came;
  • Operating system.

 

A storage of this data together with other personal data does not take place.

 

  1. These data serve the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as their optimization and statistical evaluation.
  2. The legal basis for this is our legitimate interest in data processing in accordance with Article 6, Paragraph 1, Sentence 1, Letter f) of the GDPR.
  3. For security reasons, we store this data in server log files for a storage period of 90 days. After this period these are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations

 

Cookies

  1. We use so-called cookies when you visit our website. Cookies are small text files that your internet browser stores and saves on your computer. When you visit our website again, these cookies provide information in order to automatically recognize you. The information obtained in this way is used to optimize our website technically and economically and to enable you to access our website more easily and securely. When you visit our website, we will inform you about the use of cookies for the aforementioned purposes by means of a reference to our data protection declaration and how you can object to them or prevent their storage (“opt-out”). Our website uses session cookies, persistent cookies and cookies from third-party providers: • Session cookies: We use so-called cookies to recognize multiple use of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information in order to automatically recognize you. The information obtained in this way is used to optimize our offers and to give you easier access to our site. When you close the browser or log out, the session cookies are deleted. • Persistent cookies: These are automatically deleted after a specified period, which can differ depending on the cookie. You can delete cookies at any time in the security settings of your browser. • Third-party cookies: You can configure your browser settings according to your wishes. B. Reject the acceptance of third-party cookies or all cookies. However, we would like to point out at this point that you may then not be able to use all the functions of this website. Read more about these cookies in the respective data protection declarations for the third party providers.
  2. The legal basis for this processing is Art. 6 Para. 1 S. lit.b) GDPR, if the cookies are set to initiate contracts, e.g. for orders, and otherwise we have a legitimate interest in the effective functionality of the website, so that in the case of Art . 6 para. 1 sentence 1 lit.f) GDPR is the legal basis
  3. Objection and “opt-out”: You can generally prevent cookies from being saved on your hard drive by selecting “do not accept cookies” in your browser settings. However, this can limit the functionality of our offers. You can opt out of the use of third-party cookies for advertising purposes via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de / Preference Management /) contradict.

 

Contact via contact form / email / fax / post

  1. When you contact us via the contact form, fax, post or email, your details will be processed for the purpose of handling the contact request.
  2. If you have given your consent, the legal basis for the processing of the data is Article 6 Paragraph 1 Sentence 1 Letter a) GDPR. The legal basis for the processing of the data that is transmitted in the course of a contact request or email, letter or fax is Art. 6 Para. 1 S. 1 lit.f) GDPR. The person responsible has a legitimate interest in the processing and storage of the data in order to be able to answer inquiries from users, to preserve evidence for reasons of liability and, if necessary, to be able to meet his statutory retention requirements for business letters. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 Para. 1 S. 1 lit. b) GDPR.
  3. We can save your details and contact requests in our customer relationship management system (“CRM system”) or a comparable system.
  4. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been finally clarified. We store inquiries from users who have an account or contract with us for up to two years after the end of the contract. In the case of statutory archiving obligations, the deletion takes place after their expiry: End of commercial law (6 years) and tax law (10 years) retention obligation.
  5. You have the option at any time to revoke your consent to the processing of personal data in accordance with Art. 6 Para. 1 S. 1 lit. If you contact us by email, you can object to the storage of personal data at any time

 

Contact by phone

  1. When you contact us by phone, your telephone number will be processed to process and process the contact request and temporarily stored or displayed in the RAM / cache of the telephone device / display. The storage takes place for reasons of liability and security in order to be able to provide proof of the call and for economic reasons in order to enable a callback. In the case of unauthorized advertising calls, we block the phone numbers.
  2. The legal basis for processing the telephone number is Article 6 Paragraph 1 Sentence 1 Letter f) GDPR. If the aim of the contact is to conclude a contract, the additional legal basis for processing is Art. 6 Para. 1 lit. b) GDPR.
  3. The device cache saves the calls for 30 days and overwrites or deletes old data successively. When the device is disposed of, all data is deleted and the memory may be destroyed. Blocked telephone numbers are checked annually for the necessity of blocking.
  4. You can prevent the phone number from being displayed by calling with the phone number suppressed.

 

Google AdWords with conversion tracking

  1. We use the “AdWords with Conversion Tracking” service (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA) to draw attention to third-party websites by means of advertisements on our website. When you click on one of our Google ads, a cookie is saved in your browser, which is valid for about 30 days. If you then visit our website, we and Google can use the cookie to evaluate whether you have visited our website and which of our pages you have visited. Google creates statistics about this. We are not aware of the full scope of the data processing. The data is also transferred to the USA and analyzed there. If you are logged in with a Google account, the data can be assigned to your account by AdWords. If you do not want this, you must log out before visiting our website. This conversion tracking is used for the analysis, optimization and economic operation of our advertising and website.
  2. The legal basis for processing your data is our legitimate interest in the analysis, optimization and economic operation of our advertising and website in accordance with Art. 6 Para. 1 S. 1 lit.f) GDPR. Google is certified according to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.
  3. You can object to or prevent the installation of cookies by Google in various ways: • You can prevent cookies in your browser by setting “do not accept cookies”, which also includes cookies from third-party providers; • You can go directly to Google via the link https://adssettings.google.com deactivate the conversion tracking, whereby this setting only lasts until you delete your cookies. • You can use the personalized advertisements of the third-party providers who participate in the advertising self-regulation initiative “About Ads” Deactivate the link https://optout.aboutads.info for US sites or for EU sites at http://www.youronlinechoices.com/de/praferenzmanagement/, whereby this setting only lasts until you have saved all your cookies • You can permanently deactivate cookies using a browser plug-in for Chrome, Firefox or Internet Explorer under the link https://support.google.com/ads/answer/7395996. This deactivation may mean that you can no longer use all the functions of our website to their full extent.
  4. Further information can be found in Google’s data protection declaration at https://policies.google.com/privacy?hl=de&gl=de and https://services.google.com/sitestats/de.html

 

Google Analytics
We have the website analysis tool “Google Analytics” (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, EU branch: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland) integrated into our website.

  1. When you visit our website, Google places a cookie on your computer in order to be able to analyze your use of our website. The data obtained will be transferred to the USA and stored there. If personal data should be transferred to the USA, Google’s certification in accordance with the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework) guarantees that European data protection law is complied with.
  2. We have activated the IP anonymization “anonymizeIP”, which means that the IP addresses are only processed further in abbreviated form. On this website, your IP address will therefore be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the person responsible with other services relating to website activity and internet usage. We have also activated the cross-device analysis of website visitors, which is carried out via a so-called user ID. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. The use of Google Analytics serves the purpose of analyzing, optimizing and improving our website.
  3. The legal basis for this is our legitimate interest in data processing in accordance with Article 6, Paragraph 1, Sentence 1, Letter f) of the GDPR.
  4. The data sent by us and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 12 months. The deletion of data whose retention period has expired takes place automatically once a month.
  5. You can find more information about data usage by Google Analytics here: https://www.google.com/analytics/terms/de.html (Terms of Use of Analytics), https://support.google.com/analytics/answer/6004245? hl = de (information on data protection with Analytics) and Google’s data protection declaration https://policies.google.com/privacy.
  6. Objection and “opt-out”: You can generally prevent cookies from being saved on your hard drive by selecting “do not accept cookies” in your browser settings. However, this can limit the functionality of our offers. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website and from processing this data by downloading and installing the browser plug-in available under the following link: http: / /tools.google.com/dlpage/gaoptout?hl=de
  7. As an alternative to the browser plug-in above, you can prevent Google Analytics from collecting data by clicking [__ here, please__ insert the Analytics opt-out link on your website]. The click will set an “opt-out” cookie that will prevent your data from being recorded when you visit this website in the future. This cookie is only valid for our website and your current browser and only lasts until you delete your cookies. In that case you would have to set the cookie again.
  8. You can deactivate the cross-device user analysis in your Google account under “My data> Personal data”.

 

Google ReCAPTCHA

  1. We have the anti-spam function “reCAPTCHA” from “Google” (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, EU branch: Google Dublin, Google Ireland Ltd., Gordon House, Barrow) on our website Street, Dublin 4, Ireland). By using “reCAPTCHA” in our forms, we can determine whether the entry was made by a machine (robot) or a human. When using the service, your IP address and any other data required for this can be transmitted to Google servers in the USA.
  2. The purpose of processing this data is to avoid spam and misuse as well as our economic interest in optimizing our website.
  3. The legal basis for this is our legitimate interest in data processing in accordance with Article 6, Paragraph 1, Sentence 1, Letter f) of the GDPR.
  4. Google is certified under the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework). This ensures that European data protection law is complied with.
  5. You can find more information about Google ReCAPTCHA at https://www.google.com/recaptcha/ and in Google’s privacy policy at: https://policies.google.com/privacy

 

Google Maps

  1. We have maps from “Google Maps” on our website (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, EU branch: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland) integrated. This enables us to display the location of addresses and directions directly on our website in interactive maps and enable you to use this tool.
  2. When you visit our website, where Google Maps is integrated, a connection to the Google servers in the USA is established. Your IP and location can be transmitted to Google. In addition, Google receives the information that you have accessed the corresponding page. This is also done without a Google user account. If you are logged into your Google account, Google can assign the above data to your account. If you do not want this, you have to log out of your Google account. Google creates user profiles from such data and uses this data for the purpose of advertising, market research or optimizing its websites.
  3. The legal basis for this is our legitimate interest in data processing in accordance with Article 6, Paragraph 1, Sentence 1, Letter f) of the GDPR.
  4. You have the right to object to the creation of user profiles by Google. Therefore, please contact Google directly using the data protection declaration below. You can make an opt-out objection with regard to the advertising cookies here in your Google account: https://adssettings.google.com/authenticated.
  5. In the terms of use of Google Maps at https://www.google.com/intl/de_de/help/terms_maps.html and in the privacy policy for advertising from Google at https://policies.google.com/technologies/ads Further information on the use of Google cookies and their advertising technologies, storage duration, anonymization, location data, functionality and your rights. General data protection declaration from Google: https://policies.google.com/privacy.
  6. Google is certified according to the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework) and is therefore obliged to comply with European data protection law

 

Rights of the data subject

  1. Objection or revocation of the processing of your data   

If the processing is based on your consent in accordance with Art. 6 Para. 1 S. 1 lit. a), Art. 7 GDPR, you have the right to revoke your consent at any time. This does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. If we base the processing of your personal data on the balancing of interests in accordance with Art. 6 Para. 1 S. 1 lit.f) GDPR, you can object to the Insert processing. This is the case, in particular, if the processing is not required to fulfill a contract with you, which we describe in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either stop or adjust the data processing or show you our compelling legitimate reasons on the basis of which we will continue processing. You can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can exercise your right of objection free of charge. You can inform us about your objection to advertising using the following contact details: TOM Mallorca Cami dels Reis 308 07010 Palma Managing Director PD Dr. med. Patric Garcia N ° Col .: 070710257 Email address: info@tom-mallorca.com

  1. Right to information 

You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have the right to information about your personal data stored by us in accordance with Art. 15 GDPR. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data, unless it was collected directly from you.

  1. Right to rectification 

You have the right to correct incorrect data or to complete correct data in accordance with Art. 16 GDPR

  1. Right to cancellation

You have the right to delete your data stored by us in accordance with Art. 17 GDPR, unless this is contrary to legal or contractual retention periods or other legal obligations or rights to further storage.

  1. Right to Restriction

You have the right to request a restriction in the processing of your personal data if one of the requirements in Art. 18 Para. 1 lit. a) to d) GDPR is met:• If you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to check the accuracy of the personal data; • the processing is unlawful and you refuse to delete the personal data and instead restrict the use of the personal data • the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or • if you have objected to processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

  1. Right to data portability

You have the right to data portability in accordance with Art. 20 GDPR, which means that you can receive the personal data we have stored about you in a structured, common and machine-readable format or you can request that it be transmitted to another person responsible.

  1. Right to complain

You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority in particular in the member state of your place of residence, your place of work or the place of the alleged violation

 

Data security

 

In order to protect all personal data transmitted to us and to ensure that we and our external service providers comply with data protection regulations, we have taken suitable technical and organizational security measures. Therefore, among other things, all data between your browser and our server is encrypted and transmitted via a secure SSL connection.