Privacy Policy
We are pleased that you are using our Hemmo App. As the protection of your personal data is particularly important to us, we will inform you in detail below about the data processing that takes place in connection with the use of our app.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR), the provisions of the German Federal Data Protection Act (BDSG) and the German Act on Data Protection and Privacy in Telecommunications and Telemedia (TTDSG). We have taken technical and organizational measures to ensure that the data protection regulations are observed both by us and by our external service providers.
1. Definitions
The legislator requires that personal data be processed lawfully, fairly and in a manner that is comprehensible to the data subject ("lawfulness, fairness and transparency"). To ensure this, we will first inform you in this section about the individual legal definitions that are also used in this privacy policy:
1.1 Personal data
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2 Health data
"Health data" is personal data that relates to the physical or mental health of a natural person, including the provision of healthcare services, and from which information about their health status is derived.
1.3 Processing
"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration.
alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.4 Restriction of processing
"Restriction of processing" is the marking of stored personal data with the aim of restricting their future processing.
1.5 Profiling
"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
1.6 Pseudonymization
"Pseudonymization" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
1.7 File system
"File system" means any structured collection of personal data that is accessible according to specific criteria, regardless of whether this collection is managed centrally, decentrally or according to functional or geographical aspects.
1.8 Controller
"Controller" means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
1.9 Processor
"Processor" means a natural or legal person, public authority, agency or body that another body that processes personal data on behalf of the controller.
1.10 Recipient
"Recipient" means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
1.11 Third party
"Third party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
1.12 Consent
Consent" of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Lawfulness of the processing
The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for processing may be in particular pursuant to Art. 6 para. 1 sentence 1 letters a) to f) GDPR:
a) The data subject has given their consent to the processing of their personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c) the processing is necessary for compliance with a legal obligation to which the controller is subject;
d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e) 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;
f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data outweigh the interests of the person concerned, especially if the person concerned is a child.
3. Use of our app
In this section, we inform you about what data we process when you use our app.
3.1 Data collection by the app stores
When you download our mobile app, the necessary information is transmitted to the respective app store, in particular your user name, the email address of your account, the time of the download and the individual device code of the end device you are using. We have no influence on this data collection and are not responsible for it.
3.2 Log-Files
When you call up our app on your mobile device, we automatically collect the following data in so-called log files, which are technically necessary for us to offer you our app for use and to be able to guarantee stability and security:
- System data (e.g. browser type, browser version, operating system used, operating system version, device manufacturer, device model)
We are entitled to collect and store this data in accordance with Art. 6 para. 1 sentence 1 letter f) GDPR, as we have a legitimate interest in the security and stability of our app. The log files are generated by your end device for system-related reasons. We have no influence on their storage and deletion.
3.3 Registration & Login
To register, we need the following information about you:
- Your status (doctor or patient)
- First and last name
- Date of birth
- Mail address
- Telephone number (optional)
- User name
- password
- Center selection via center ID
- Photo ID
The legal basis for the collection and storage is Art. 6 para. 1 sentence 1 letter b) GDPR. By using the Hemmo app and accepting the terms of use
a contract of use is concluded between you and us. The data described above is required in order to be able to offer the functions of the app. The data is stored for the duration of the user account.
3.4 Original user data
Users can exchange images, videos and documents with each other as original user data. The images, videos and documents are saved in the device's file system and can be deleted at any time. This data can be downloaded again at any time after deletion. When you start our app for the first time, we will ask you for your express consent to process the aforementioned information.
The legal basis for processing is Art. 6 para. 1 sentence 1 letter a) GDPR in conjunction with § 25 para. 1 TTDSG.
3.5 Tracking
When you use our app, we collect personal and anonymous information about how you use our app. We store this information through the use of cookies or similar technologies. Cookies are small text files that are stored on your end device and contain the relevant information. The next time you access our service, our app accesses this information, for example to retrieve saved settings.
3.5.1 Necessary information
On the one hand, we process information that is necessary to enable certain functions of our app. This includes session cookies in particular. These store a so-called session ID. This allows your device to be recognized when you return. Session cookies are deleted when you log out or close the app.
We are entitled to process this information in accordance with Art. 6 para. 1 sentence 1 letter f) GDPR, as we have a legitimate interest in the functionality and correct display of our app. Pursuant to Section 25 (2) No. 2 TTDSG, processing this information without your prior consent is lawful, as the processing is necessary to provide you with our app with all its functions.
3.6 Verification of the patient
To use the Hemmo app, verification of the patient by the treating center is required when creating an account. This is done through personal contact. The center is obliged to verify the patient's user accounts by presenting photo identification. The legal basis for this processing is Art. 6 para. 1 sentence 1 letter a) GDPR.
3.6.1 Deposit of an emergency contact
Within the Hemmo app, the patient can enter the data of an emergency contact as a user. The legal basis for the processing is Art. 6 para. 1 sentence 1 letter b) GDPR in conjunction with § 25 para. 1 TTDSG.
3.6.2 Information on measuring app usage
We also process information about how you use our app in order to analyze the use of our app and thus improve it. For this purpose, we use the personal data stored locally on the end device to enable offline access.
We collect the following information:
- User names
- Chat messages
- Images saved by the user,
- Videos and
- Documents
The images, videos and documents are saved in the device's file system and can be deleted at any time. This data can be downloaded again at any time after deletion. When you start our app for the first time, we will ask you for your express consent to process the aforementioned information.
The legal basis for processing is Art. 6 para. 1 sentence 1 letter f) GDPR in conjunction with § 25 para. 1 TTDSG.
3.7 Duration of storage
Your data is stored in the app when you use the Hemmo app. For all patient data, the 10-year storage obligation applies in accordance with Section 630 f (3) BGB. All other data not affected by this storage obligation will be anonymized after deletion of the Hemmo account or deleted on request.
3.7.1 Deletion of the user account
If a user deletes their user account, their personal data such as chat histories or information about recipes is automatically anonymized via the event system.
4. General inquiries
If you contact us by post, email, contact form, telephone or fax, we will store and process your request, including all resulting personal data, for the purpose of processing your request. This data is processed on the basis of Art. 6 para. 1 sentence 1 letter b) GDPR, provided that your request is related to the fulfillment of the existing user contract with us. Otherwise, the processing is based on Art. 6 para. 1 sentence 1 letter f) GDPR, as we have a legitimate interest in the effective processing of the inquiries addressed to us. In addition, we may also be authorized pursuant to Art. 6 para. 1 sentence 1 lit. c) GDPR, as we are legally obliged to enable rapid electronic contact and direct communication to or with us.
Your data will be used strictly for the purpose of processing and answering your request and will be deleted after final processing, provided that it is no longer required and there are no legal obligations for us to retain it.
5. Processor
As a matter of course, we do not pass on your data to third parties without your express consent. However, like any modern company, we work together with processors in order to be able to offer you an uninterrupted and best possible service.
When we work with external service providers, we regularly carry out so-called order processing on the basis of Art. 28 GDPR. To this end, we conclude corresponding agreements with our partners to ensure the protection of your data. We only use carefully selected processors to process your data. These processors are bound by our instructions and are regularly monitored by us. We only commission external service providers who have ensured that all data processing operations are carried out in accordance with data protection regulations.
The following types of processors may receive personal data:
- Internet and server service providers whose servers are used for data processing purposes: Hetzner Online GmbH, Industriestr. 25, 91719 Gunzenhausen, Germany. You can find more information on data protection at Hetzner at: https://www.hetzner.com/de/legal/privacy-policy
- Development platforms for app applications that use personal data for push notifications. For this purpose, Apple Push Notifications is used for iOS systems and Google Firebase for Android systems.
6. Children & teenagers
Our services are generally aimed at adults and young people. Persons under the age of 16 may transmit their personal data to us with the consent of their parents or other legal representatives.
7. Obligation to provide and profiling
There is no legal obligation to provide us with personal data. Automated decision-making within the meaning of Art. 22 GDPR does not take place.
8. Your rights
In this section, we inform you about your rights in relation to your personal data.
8.1 Revocation of consent
If the processing of personal data is based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
8.2 Right to confirmation
You have the right to request confirmation from us as to whether we are processing personal data concerning you. You can request confirmation at any time using the contact details above.
8.3 Right to information
If personal data is processed, you can request information about this personal data and the following information at any time:
a) the purposes of processing;
b) the categories of personal data that are processed;
c) 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;
d) where possible, the envisaged period for which the personal data will be stored, or, if
not possible, the criteria used to determine that period;
e) the existence of a right to rectification or erasure of personal data concerning you or
to restriction of processing by the controller or a right to object to such processing;
f) the existence of a right of appeal to a supervisory authority;
g) if the personal data are not collected from the data subject, all available information about the origin of the data;
h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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 for the data subject.
If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. If you make the request electronically, the information must be provided in a commonly used electronic format, unless you specify otherwise. The right to receive a copy in accordance with paragraph 3 must not impair the rights and freedoms of other persons.
8.4 Right to rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
8.5 Right to erasure ("right to be forgotten")
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we are obliged to erase personal data without undue delay where one of the following grounds applies:
a) The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b) The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
c) The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
d) The personal data was processed unlawfully.
e) The deletion of personal data is necessary to fulfill a legal obligation under Union law
or the law of the Member States to which the controller is subject.
f) The personal data was collected in relation to information society services offered in
accordance with Art. 8 para. 1 GDPR.
If the controller has made the personal data public and is obliged to erase it pursuant to paragraph 1, it shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers which are processing the personal data that a data subject has requested the erasure by such controllers of any links to, or copy or replication of, that personal data.
The right to erasure ("right to be forgotten") does not exist insofar as the processing is required:
- to exercise 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 pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in para. 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
for the assertion, exercise or defense of legal claims.
8.6 Right to restriction of processing
You have the right to demand that we restrict the processing of your personal data if one of the following conditions is met:
- 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, or
- the data subject has objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If processing has been restricted in accordance with the above conditions, this personal data - apart from being stored - will only be used with the consent of the data subject or for the establishment, exercise or defense of legal claims.
for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
8.7 Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where one of the following applies
a) the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) or on a contract pursuant to Art. 6(1)(b) GDPR, and
b) the processing is carried out using automated procedures.
When exercising the right to data portability pursuant to para. 1, you have the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible. The exercise of the right to data portability does not affect the right to erasure ("right to be forgotten"). This right does not apply to processing that 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.
8.8 Right of objection
Pursuant to Art. 21 GDPR, you have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1) lit.
e) or f) GDPR; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.
8.9 Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
9. Responsible & Contact
Is responsible under data protection law:
iatro GmbH
Bischofsstraße 30
49074 Osnabrück
If you have any questions about data protection or would like to assert one of your rights, please contact us by post at the above address or by email at info@iatro.de. We will endeavor to process your request as quickly as possible.
10. Changes
Due to the rapid development of the Internet and data protection law, we expressly reserve the right to make changes to this privacy policy.
Status of the privacy policy: 07.11.2023.