Disclaimer

The information contained in this website is for general information purposes only. The information is provided by PATH Biobank and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of PATH Biobank. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, PATH Biobank takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Data protection declaration

As of May 2018

The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection provisions is:

PATH Foundation
Schäftlarnstr. 62
81371 Munich
Germany
+49 89 78067848
info(at)stiftungpath.org
http://www.path-biobank.org

The data protection officer of the person responsible is:

DataCo Ltd
Joachim Ries
Dachauer Str. 65
80335 Munich
Germany
+49 89 740045840
datenschutz(at)dataguard.de
www.dataguard.de

1. General information on data processing
1. Scope of the processing of personal data

We only process personal data of our users if this is necessary for the provision of a functional website as well as contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained as a matter of fact and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 Par. 1 S. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 Par. 1 S. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 Par. 1 S. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Par. 1 S. 1 d GDPR serves as the legal basis.
If processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 Par. 1 S. 1 f GDPR serves as the legal basis for processing.

3. Data deletion and duration of storage

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

2. Rights of the data subject

If your personal data is processed, you are affected within the meaning of the GDPR and you have the following rights regarding the person responsible:

1. Right to information

You can ask the person responsible to confirm whether your personal data is processed by us.
If such processing has taken place, you can request the following information from the person responsible:

    • the purposes for which the personal data are processed;
    • the categories of personal data processed;
    • the recipients or categories of recipients to whom the personal data concerning you have been disclosed, or are still to be disclosed;
    • the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
    • the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of the processing of your personal data by the person responsible or a right of opposition against such processing;
    • the existence of a right of appeal to a supervisory authority;
    • any available information on the origin of the data if the personal data are not collected from the data subject;
    • the existence of automated decision-making including profiling in accordance with Art. 22 Par. 1 and 4 GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.
This right to information may be limited to the extent that it is likely to make it impossible or seriously impair the realisation of research or statistical purposes and the limitation is necessary for the fulfilment of research or statistical purposes.

2. Right to correction

You have a right of rectification and/or completion towards the person responsible if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.
Your right to correction may be limited to the extent that it is likely to make it impossible or seriously impair the realisation of research or statistical purposes and the limitation is necessary for the fulfilment of research or statistical purposes.

3. Right to limitation of processing

Under the following conditions, you may request that the processing of personal data concerning you is limited:

    • if you dispute the accuracy of personal data concerning you for a period of time that enables the data controller to verify the accuracy of the personal data;
    • if the processing is unlawful and you reject the deletion of your personal data and instead request that the use of the personal data is restricted;
    • the person responsible no longer needs the personal data for the purposes of processing, but you do need them to assert, exercise or defend legal claims, or
    • if you have filed an objection against the processing pursuant to Art. 21 Par. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.
If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
Your right to limitation of processing may be limited to the extent that it is likely to make it impossible or seriously impair the realisation of research or statistical purposes and the restriction is necessary for the fulfilment of research or statistical purposes.

4. Right to deletion

a) Duty to delete

You may request the person responsible to delete the personal data relating to you without delay and the person responsible is obliged to delete this data without delay if one of the following reasons applies:

    • the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
    • you revoke your consent, on which the processing was based pursuant to Art. 6 Par. 1 S. 1 lit. a or Art. 9 Par. 2 lit. a GDPR, and there is no other legal basis for the processing.
    • you file an objection against the processing pursuant to Art. 21 Par. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 Par. 2 GDPR.
    • the personal data concerning you have been processed unlawfully.
    • the deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the person responsible is subject.
    • the personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 Par. 1 GDPR.

b) Information to third parties

If the person responsible has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 Par. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions

The right to deletion does not exist insofar as the processing is necessary

    • to exercise freedom of expression and information;
    • for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the person responsible is subject or for the performance of a task in the public interest or in the exercise of official authority conferred to the person responsible;
    • for reasons of public interest in the field of public health pursuant to Art. 9 Par. 2 lit. h and i and Art. 9 Par. 3 GDPR;
    • for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Par. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
    • to assert, exercise or defend legal claims.
5. Right to notification

If you have exercised your right to have the person responsible to correct, delete or limit the processing, he/she is obliged to inform all recipients, to whom the personal data concerning you have been disclosed, about this correction or deletion of the data or the restriction on processing, unless this proves impossible or involves a disproportionate effort.
You shall have the right to be informed about such recipients by the person responsible.

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person responsible without obstruction by the person responsible to whom you provided the personal data, inasmuch as

    • processing is based on consent pursuant to Art. 6 Par. 1 S. 1 lit. a GDPR or Art. 9 Par. 2 lit. a GDPR or on a contract pursuant to Art. 6 Par. 1 S. 1 lit. b GDPR and
    • processing is carried out using automated methods.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the person responsible..

7. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you on the basis of Art. 6 Par. 1 S. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The person responsible no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the option to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
You also have the right to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Par. 1 GDPR for reasons arising from your particular situation.
Your right of objection may be limited to the extent that it is likely to make it impossible or seriously impair the realisation of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

8. Right to revoke the consent

You have the right to revoke the consent you gave in connection with data protection regulations and processing at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision

    • is necessary for the conclusion or performance of a contract between you and the person responsible,
    • is admissible by law of the Union or of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or
    • is made with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 Par. 1 GDPR, unless Art. 9 Par. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state the own position and to challenge the decision.

10. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside or work or the place suspected of the infringement, if you believe that the processing of personal data concerning you is contrary to the GDPR.
The supervisory authority to which the complaint has been filed shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

3. Provision of the website and creation of log files
1. Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:

    • information about the browser type and version used
    • the user's operating system
    • the IP address of the user
    • date and time of access
    • websites from which the user's system reaches our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 Par. 1 S. 1 lit. f GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
Our legitimate interest in data processing in accordance with Art. 6 Par. 1 S. 1 lit. f GDPR also lies in these purposes.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of opposition and elimination

The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection by the user.

4. Email contact
1. Description and scope of data processing

You can contact us via the email address provided on our website. In this case, the user's personal data transmitted by e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 Par. 1 lit. a GDPR if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 Par. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 Par. 1 lit. b GDPR.

3. Purpose of data processing

If you contact us via e-mail, this serves as the legitimate interest in the processing of your data.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data sent by email, this is the case when the conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Possibility of opposition and elimination

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
All personal data stored in the course of contacting us will be deleted in this case.

This privacy policy was created with the support of DataGuard.