Data Protection

Thank you for your interest in our company. Data protection is of the utmost importance to Institut für Klinische Krebsforschung IKF GmbH. It is generally possible to use our website without having to provide any personal data. However, if a data subject wishes to access, via our website, some of the specific services offered by our organization, 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 in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to Institut für Klinische Krebsforschung IKF GmbH. 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, Institut für Klinische Krebsforschung IKF GmbH 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 fundamental gaps in the security of data sent over the internet, complete protection cannot be guaranteed. Therefore, data subjects are free to choose alternative means (e.g. the telephone) by which to transfer personal data to us.

1. Definitions

The Institut für Klinische Krebsforschung IKF GmbH data protection statement uses the terms adopted by the European legislator for the purposes of the General Data Protection Regulation (GDPR). To ensure that our data protection statement is readable and easily understood by the general public, we would like to start by providing definitions for the terms used.

This data protection statement includes use of the following terms:

a) personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”); an identifiable 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.

b) data subject
A data subject is any identified or identifiable natural person whose data are processed by the data controller.

c) 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, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in future.

e) 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.

f) 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.

g) controller or data controller
Controller or data controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of such 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.

h) processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) recipient
Recipient means a natural or legal person, public authority, agency or other body, to which 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.

j) third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k) consent
Consent of the data subject means 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.

Name and contact details of the data controller

For the purposes of the General Data Protection Regulation (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:

Institut für Klinische Krebsforschung IKF GmbH
Steinbacher Hohl 2-26
60488 Frankfurt am Main
Germany
Phone: +49 69 – 76 01 44 20

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 Institut für Klinische Krebsforschung IKF GmbH (Data Protection Office)

The A&A Arbeitsschutz GmbH (ds-beauftragter(at)aa-arbeitsschutz.de) will be carrying out the DPO duties on behalf of the Institut für Klinische Krebsforschung IKF GmbH.

Right of appeal to the competent supervisory authority

In the case of violations of data protection law, the person concerned has the right of appeal to the competent supervisory authority, e.g. https://datenschutz.hessen.de.

Collection of general data and information

Institut für Klinische Krebsforschung IKF GmbH collects a range of general data and other information each time a data subject or automated system accesses its website. 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 need to be used in the event of attacks on our IT system.

Institut für Klinische Krebsforschung IKF GmbH does not use these general data and other information to draw conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term operational reliability of our IT systems and website technology, and (4) in the event of a cyber-attack, provide law enforcement authorities with the information needed for the prosecution of criminal offenses. Institut für Klinische Krebsforschung IKF GmbH collects these anonymous data and information for purely statistical purposes, and to improve both data protection and data security within the organization, thereby ensuring that the personal data we process enjoy the highest possible protection. All anonymous data in our server’s log files are stored completely separately from the personal data provided by a data subject.

Registering on our website

The data subject has the option of registering on the data controller’s website; registration involves the provision of personal data.

The precise nature of the personal data transmitted to the data controller will depend on the input mask used for the registration process. The personal data entered by the data subject will be collected and stored by the data controller for internal use, and will be used exclusively for internal purposes. The data controller may arrange transfer to one or more processors (e.g. a parcel service provider); use of the data will be strictly limited to internal purposes that have been authorized by the data controller.

Other information stored following registration on the data controller’s website is the IP address – assigned by the data subject’s internet service provider – as well as the data and time of registration (ISP). Storage of these data is essential to prevent the misuse of our services and, where necessary, to enable the investigation of criminal offenses. As such, the storage of these data is necessary to ensure the controller has protection and rights to redress under the law. We will never transfer these data to third parties, except where we have a legal obligation to do so or where they are needed for the investigation of criminal offenses.

When a data subject voluntarily provides personal data as part of the registration process, the data controller uses this information to provide the data subject with content and services which, by their very nature, can only be offered to registered users. Registered users have the option of editing the data submitted at the point of registration. They may do so at any time. Alternatively, they may also request that these data be deleted from the records held by the data controller.

Data subject wishing to know the nature of the personal data that are held on them by the data controller may request this information at any time, and the data controller will comply with this request. A data subject may request that the data controller rectify or erase personal data held on them. The data controller will comply with this request unless statutory data retention provisions prevent them from doing so. The data subject should direct any such requests to the relevant members of staff listed in the legal notices.

Contact options via the website

In line with statutory provisions, the website of Institut für Klinische Krebsforschung IKF GmbH contains information that enables users to either contact the organization quickly via electronic means and to communicate directly with us. This information includes an email address. When a data subjects contacts the data controller via email or by using a contact form, we will automatically store the personal data transmitted by the data subject. These personal data, voluntarily transmitted to the data controller by the data subject, are stored for the purposes of further processing or to get in contact with the data subject. They will not be transferred to third parties.

Routine erasure and ‘blocking’ of personal data

The data controller will 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 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 has expired, personal data will be made unavailable to users (blocked) as a matter of routine or erased in line with the relevant legal provisions.

Rights of the data subject

a) Right to obtain confirmation
Data subjects shall have the right under European law to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. A data subject wishing to avail themselves of this right may do so at any time, by contacting a member of staff of the data controller.

b) Right of access
Data subjects affected by the processing of personal data shall have the right, under European law, to contact the data controller at any time, and without having to make a payment, in order to obtain information about any personal data being held on them, and to request a copy of any such information. European law also mandates that the data subject shall have the right to

obtain the following information:

the purposes of processing;
the categories of personal data concerned;
the recipient 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 envisaged duration for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject, or the right to object to such processing;
the 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 data subject also has a right to be informed as to 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.

A data subject wishing to avail themselves of this right of access may do so at any time, by contacting a member of staff of the data controller.

c) Right to rectification
Data subjects affected by the processing of personal data shall have the right, under European law, to obtain the prompt rectification of any incorrect data concerning him or her. Furthermore, and taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed – including by means of a supplementary statement.

A data subject wishing to avail themselves of this right to rectification may do so at any time, by contacting a member of staff of the data controller.

d) Right to erasure (‘right to be forgotten’)
Data subjects affected by the processing of personal data shall have the right, under European law, to request from the data controller the prompt erasure of any personal data concerning him or her where 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 in relation to the purposes for which they were collected or otherwise processed;
the data subject withdraws consent on which the processing is based according 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 have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
the personal data have been 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, a data subject wishing to arrange for the erasure of personal data stored by Institut für Klinische Krebsforschung IKF GmbH may do so at any time by contacting a member of staff of the data controller. The member of staff of Institut für Klinische Krebsforschung IKF GmbH will then ensure that this request for erasure is promptly complied with.

Where Institut für Klinische Krebsforschung IKF GmbH has made the personal data public and where, as the data controller, our organization is obliged pursuant to Article 17(1) of the GDPR to erase said personal data, Institut für Klinische Krebsforschung IKF GmbH, taking into account both available technology available and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, except where processing is necessary. In each individual case, the member of staff of Institut für Klinische Krebsforschung IKF GmbH will make the necessary arrangements.

e) Right to restriction of processing

Data subjects affected by the processing of personal data shall have the right, under European law, to request from the controller the restriction of processing of such data 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;

Provided one of the above-mentioned grounds for restriction of processing apply, a data subject wishing to arrange for the erasure of personal data stored by Institut für Klinische Krebsforschung IKF GmbH may do so at any time by contacting a member of staff of the data controller. The member of staff of Institut für Klinische Krebsforschung IKF GmbH will then arrange the restriction of processing.

f) Right to data portability
Data subjects affected by the processing of personal data shall have the right, under European law, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. They 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 his or her right to data portability pursuant to Art 20(1) of the GDPR, the data subject shall also have the right to have the personal data transmitted directly from one controller to another, where this is technically feasible and does not affect the rights and freedoms of others.

A data subject wishing to avail themselves of this right to data portability may do so at any time by contacting a member of staff of Institut für Klinische Krebsforschung IKF GmbH.

g) Right to object
Data subjects affected by the processing of personal data shall have the right, under European law, to object, on grounds relating to his or her particular situation, at any time, to the processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.

In this case, Institut für Klinische Krebsforschung IKF GmbH 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, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the 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 Institut für Klinische Krebsforschung IKF GmbH listed in the Legal Notices. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Any data subjects affected by the processing of personal data shall have the right, under European law, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This does not apply if the decision

is necessary for entering into, or performance of, a contract between the data subject and the data controller;
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 and freedoms and legitimate interests; or
is based on the data subject’s explicit consent.

If the decision

is necessary for entering into, or performance of, a contract between the data subject and the data controller;
is based on the data subject’s explicit consent, Institut für Klinische Krebsforschung IKF GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least 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.

A data subject wishing to avail themselves of his or her rights pertaining to automated individual decision-making, may do so at any time by contacting a member of staff of the data controller.

i) Right to withdraw consent
Any data subject affected by the processing of personal data has the right, under European law, to withdraw consent for the processing of personal data at any time.

A data subject wishing to avail themselves of his or her rights to withdraw consent may do so at any time by contacting a member of staff of the data controller.

Data protection arrangements for applicants and the application process

The data controller shall collect and process the personal data of applicants for the purpose of administering the application process. This processing may include processing by electronic means, particularly in cases where an applicant transmits their application documents to the data controller by electronic means, such as via email or by using an online form. Where the data controller enters into a contract of employment with the applicant, the transmitted data shall be stored for the purpose of administering the employment relationship and in line with the relevant legal provisions. Where the data controller does not enter into a contract of employment with the applicant, the application documents shall be automatically erased two months, at the latest one year, after the decision to decline employment was taken, provided that erasure does not conflict with the legitimate interests of the data controller. In this context, other legitimate interests may include burden of proof obligations relating to proceedings under the General Act on Equal Treatment (AGG).

Legal basis for processing

In our organization, point (a) of Article 6(1) of the GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, such as when completing processing steps necessary for the supply of goods or the delivery of any other service or completion of payment, this processing shall be covered by point (b) of Article 6(1) of the GDPR. The same also applies to processing steps whose completion is necessary prior to entering into a contract, such as when receiving inquiries regarding our products or services. If the processing of personal data is necessary for compliance with a legal obligation to which the organization is subject, such as compliance with tax obligations, this processing shall be covered by point (c) of Article 6(1) of the GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or of another natural person. This situation might apply where a visitor is injured while on our premises, resulting in the need to transmit his or her name, age, health insurance details or other vital information to a physician, hospital or other third party. In this case, processing would be covered by point (d) of Article 6(1) of the GDPR. Finally, processing could also be based on point (f) of Article 6(1) of the GDPR. This provides the legal basis for processing operations not covered by any of the aforementioned points, where this processing is necessary for the purposes of the legitimate interests pursued by the organization or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the data subject. Our permission to undertake these processing operations stems in particular from the specific permission granted for such operations by the European legislator. The legislator was of the opinion that such legitimate interest could be presumed where the data subject is a client or in the service of the controller (Recital 47 Sentence 2 of the GDPR).

Duration for which the personal data will be stored

The criterion used to determine the duration of storage of personal data is the relevant statutory retention period. After the end of the retention period, impacted data will be erased as a matter of routine, except where they are necessary for entering into, or performance of, a contract.

Provision of personal data

Statutory or contractual requirements regarding the provision of personal data; a requirement necessary to enter into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data:

We will inform you as to whether the provision of personal data is in part a statutory requirement (e.g. tax regulations) or whether it is the result of contractual requirements (e.g. Information on contract partner). It may sometimes be necessary for a data subject to provide us with personal data, which we will subsequently need to process. For instance, the data subject has an obligation to provide us with personal data if our organization is to enter into a contract with that person. Failure to provide such data would prevent us from entering into a contract with that person. The person concerned must contact one of our members of staff prior to providing personal data to us. Our member of staff will then (on a case-by-case basis) provide the data subject with the following information: whether the provision of personal data is a statutory or contractual requirement or a requirement necessary to enter into a contract, whether the data subject is obliged to provide personal data as well as informing the data subject, and the possible consequences of failure to provide such data.