Data Protection Statement

April, 2022

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.

1. Definitions

Charité – Universitätsmedizin Berlin’s data protection statement uses the terms adopted by the European legislator for the purposes of the GDPR.

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
Charitéplatz 1
10117 Berlin
Deutschland

+49 30 450 50

Website: https://www.charite.de

2.1 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
Charitéplatz 1
10117 Berlin

+49 30 450 580 016

datenschutzbeauftragte(at)charite.de

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. 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.

4.1 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.

4.2 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.

4.3 Requirement to provide data

There is no legal or contractual requirement to provide personal data. If you fail to provide your data, we will be unable to hold (or continue) our conversation with you.

5. 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.

6. Cookies

Charité – Universitätsmedizin Berlin’s web pages use cookies. Cookies are text files which are sent to a computer via a web browser and stored.

Numerous websites and servers use cookies. Many cookies contain a ‘cookie ID’. This is a unique identifier consisting of a string of characters which websites and servers can associate with the browser on which the cookie was stored. This allows websites and servers to distinguish the data subject’s browser from other browsers which store different cookies. It also allows them to recognize and identify a particular browser’s unique cookie ID during the same or subsequent visits.

6.1 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.

The use of cookies enables the data controller to provide a more user-friendly service to users of its website; this would not be possible without the use of cookies.

Cookies can help optimize the information and offers displayed on our website and improve the user experience. As previously mentioned, cookies allow us to recognize returning visitors. The purpose of this is to make it easier for users to navigate our website. For instance, visitors to a website that uses cookies will not need to re-enter log-in information each time they visit the website, because the cookie stored on the user’s computer will provide that information.

Cookies can also be used to analyze how a website is used. For instance, they can provide information on the number of visitors to a website and which parts of it might benefit from improvement. This type of analysis does not link the data collected for the purpose of website analytics with information that allows you to be identified. We will always tell you where and to what extent we use cookies for the purpose of conducting website analytics.

We will ask for your consent even before you are able to visit our website. This ensures that the use of cookies complies with the requirements of Point (a) of Article 6(1) of the GDPR. The use of cookies which are not strictly necessary to ensure the website’s functionality is a legitimate interest under Point (f) of Article 6(1) of the GDPR.

We will use data collected via cookies for as long as this is necessary for the stated purpose.

The data subject may, at any time, choose to refuse cookies from our website by modifying their browser to permanently disable cookies. Cookies already stored on a computer can be deleted at any time, either via the browser or other software programs. All commonly used browsers offer this option. After disabling cookies on their browser, a data subject may no longer be able to access all of the features of our website.

The following table lists the types of cookies used on our website.

Name	Date(s)	Comment	Duration
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	24 hours
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
Google Custom Search Engine	-	Strictly necessary cookies for site navigation; only used once search function has been activated.	Variable and beyond our control

7. Google Custom Search Engine

This website uses 'Google Custom Search' (Google Custom Search Engine 'Google CSE') by Google Inc. (“Google”), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, as its central search engine. This embedded search engine allows full-text searches for official website content of Charité – Universitätsmedizin Berlin. The search function can be accessed via a search box placed in the header of each page.

For easier identification by the user, the search box displays a Google icon.

7.1 Activating the search function

The user activates the search function by first entering a search term into the search box and then confirming it by clicking the enter key or search icon (magnifying glass icon). This opens a results page, which will then load the relevant search results produced by Google. Data will be transmitted to Google as part of this process.

Google states that the information (and personal data) it processes will usually include the following:

Log data (in particular, the IP address)
Site-specific data
Unique application identifiers
Cookies and similar technologies

When you are logged into your Google account, Google can add this processed information to your account – depending on your account settings – and treat it as personal data. See, in particular, https://www.google.de/policies/privacy/partners/.

Google states that:

“We may combine personal information from one service with information, including personal information, from other Google services – for example to make it easier to share things with people you know. Depending on your account settings, your activity on other sites and apps may be associated with your personal information in order to improve Google’s services and the ads delivered by Google.” (https://www.google.com/intl/de/policies/privacy/index.html)

To prevent these data being directly added to your account, you can log out of your Google account or select the appropriate account settings for your account. You can also set your browser to block all cookies – including any cookies used by Google. However, it is worth noting that you may not have access to all of the features of this website if you disable cookies.

For additional information, please consult Google’s Privacy Policy, which you can access here:

https://www.google.com/policies/privacy/

For information on Google’s privacy settings, please go to:

https://privacy.google.com/take-control.html

7.2 Search results page

The plugin used on this website is developed and powered by Google (Google Custom Search Engine, ‘Google CSE’) and is integrated into the website ‘as is’ by the controller as a software module. Once the search results page has been activated, this plugin enables automated communication (data exchange) between the search results page and Google. Use of the Google-powered search function includes the dynamic transmission of data from Google, the service provider, to the search results page.

7.3 Transmission of data to Google

Data will only be transmitted to Google once the user has activated the search box and has started a full-text search, thereby activating the search results page. Use of the search function embedded within the search results page will simultaneously prompt the transmission of user data to Google.

7.4 Legal basis: Use of the Google search function as consent to the transmission of data

Prior to using the full-text search function and thereby activating the search results page, you will be asked to agree to the processing of data by us and Google, and to the transmission of data to Google pursuant to Point (a) of Article 6(1) of the GPDR. These data include the search terms entered and the IP address of the computer used for the search.

If you are simultaneously logged into Google, Google will be able to directly link this information with your user profile. You should log out of your account in order to prevent the accumulation of profile information.

The transfer of data by Google to servers in third-party countries cannot be ruled out. According to Google’s Privacy Shield certification (which can be found by visiting https://www.privacyshield.gov/list and entering ‘Google’ into the search window), Google is committed to complying with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework regarding the collection, use and retention of personal data from European Union member countries and Switzerland. Google, including Google LLC and its wholly-owned US subsidiaries, has certified that it adheres to the Privacy Shield Principles. For further information, please go to https://www.google.de/policies/privacy/frameworks/.

For more detailed information on data processing by Google, please refer to the information provided by Google on data protection compliance.

8. 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.

9. 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.

10. 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

11. Rights of the data subject

11.1 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)

11.2 Additional information on your rights can be found in the following section

11.2.1 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.

11.2.2 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.

11.2.3 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.

11.2.4 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.

11.2.5 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.

11.2.6 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.

11.2.7 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.

11.2.8 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.

11.2.9 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.

11.2.10 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 Berlinshall 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.

11.2.11 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.

12. 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.