Privacy policy

PRIVACY POLICY EUROPE

Welcome to myoncare, the digital health portal for efficient and needs-oriented patient care.

For us at Oncare GmbH (hereinafter referred to as “Oncare” or “we”, “us”, “our”), the protection of your privacy and any personal data relating to you while using the myoncare Portal is of major relevance and importance. We are aware of the responsibilities to provide and save your personal data in the myoncare Portal. Therefore, our technology systems used for myoncare Services are set up according to the highest standards and the lawful processing of personal data is core to our business ethics.

We process your personal data in accordance with the applicable legal provisions for the protection of personal data, in particular the EU General Data Protection Regulation (“EU GDPR”) and the country-specific laws applicable to us. This Privacy Notice tells you why and how Oncare processes your personal data which we collect from you or which you provide to us, when you decide to use myoncare Portal. In particular, you will find a description of the personal data, which we collect and process as well as the purpose and on which basis we are processing the personal data and the rights to which you are entitled.

Please read this Privacy Notice carefully to ensure that you understand each provision. After reading the Privacy Notice, you will have the option to consent to the Privacy Notice and the processing of your personal data as described in this Privacy Note. If you give consent, the Privacy Notice will be part of the contract between you and Oncare.

DEFINITIONS

“App User” means any user of the myoncare App (your patient).

“Blockchain” in the myoncare system is an additional database that stores data from all the installations.

“Careplan Provider” means any Health Care Professional or other third-party (e.g., medical device manufacturer, pharmaceutical company) offering Careplans to Portal Users through the myoncare Store or through any other data transfer method (e.g., email).

“Careplan User” means any Health Care Professional (Portal User), using a Careplan for treatment of their Registered Patients.

“Health Care Provider” means you or any other doctor, clinic, health care institution or other health care professional acting on its own or on behalf of you or any other doctor, clinic or health care institutions (intended user).

“myoncare App” means the myoncare mobile app intended for the use by patients who want to use the services provided by Oncare.

“myoncare Store” means the platform run by Oncare that provides digital care concepts (Careplans) to be used for the treatment of your registered patients through the myoncare Portal.

“myoncare Portal” means the myoncare web-portal intended for professional use by Portal Users and functioning as interface between such Portal Users and patients as App Users.

“myoncare Tools” means both, myoncare App and myoncare Portal, together.

“myoncare Services” means the services, functionalities and other offerings which are or may be offered to Portal Users via the myoncare Portal and/or to App Users via the myoncare App, as applicable.

“Oncare“ means ONCARE GmbH, Germany.

“Portal User” means you or any other Health Care Provider using the web-based myoncare Portal.

“Patient Privacy Notice” means the privacy statement that describes the collection, use and retention of the personal (health) information of patients using myoncare App.

“Privacy Notice” means this statement made to you as user of the myoncare Portal that describes how we collect, use and retain your personal information, and provides you with information on your comprehensive rights.

“Standard Terms” means the Standard Terms and Conditions for using the myoncare Portal.

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RESPONSIBLE ENTITY

Oncare GmbH, a company registered with the Munich Local Court with the Register number 219909 with its offices located at Herrenwiesstr. 12, 82031 Gruenwald, Germany, offers and operates the interactive web portal myoncare Portal (for Health Care Professionals) and the mobile application myoncare App (for patients) giving access to myoncare Services. This Privacy Notice applies to all personal data processing by Oncare related to the use of myoncare Portal. For the use of myoncare App by patients, you can find a separate Patient Privacy Notice here.

WHAT IS PERSONAL DATA

“Personal data” is all information that makes it possible to identify a natural person. In particular, this includes your name, date of birth, address, telephone number, e-mail address and IP address. “Health data” is personal data that relates to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.

Data is considered “anonymous” if no personal reference to the person/user can be made. In contrast, “pseudonymized” data is data from which personal reference or personal identifiable information is replaced by one or more artificial identifiers, or pseudonyms, but which can, in general, be re-identified by the identifier key.

WHICH PERSONAL DATA WILL BE PROCESSED WHILE USING MYONCARE APP

We may process the following data categories about you while using the myoncare App:

• Operational Data: Personal data provided to us when you register and log in to our myoncare Portal, contact us regarding any problems with the Portal or otherwise interact with us with the purpose of using the Portal (“Operational Data”);

• Treatment Data: You will enter personal data of your patients, such as name, age, height, weight, indication, disease symptoms and further information in connection with the treatment of your patients (e.g. in a Careplan) in myoncare Portal (“Treatment Data”). Treatment Data are personal data of your patients which are collected or processed, when you interact with your patient via myoncare Portal;

• Store Business Data: Personal data which will be processed by us when you are using the myoncare Store either as author of Careplans or as buyer of Careplans. The use of the myoncare Store will require the processing of your name and contact information as well as your payment details (payment details only in case Careplan is subject to a fee) (“Store Business Data”).

• Activity Data: Personal data which will be processed by us when any App User connects myoncare App to a Health App (e.g. AppleHealth, GoogleFit). Activity Data of your connected patients is available to you within the myoncare Portal.

• Product Safety Data: Personal data which will be processed to fulfill our legal obligations as manufacturer of the myoncare App as medical device. In addition, your personal data as reporter of incidents may be processed to fulfill legal safety or vigilance purposes of medical device or pharmaceutical companies. (“Product Safety Data”).

• Reimbursement Data: Personal Data which are required for the reimbursement process (“Reimbursement Data”).

BLOCKCHAIN TECHNOLOGY

Blockchain technology (“Blockchain“) is an optional offered service, it is not mandatory. It is on you, the Health Care Provider, to decide to use the Blockchain solution. The Blockchain is supported by Hyperledger Fabric.  Hyperledger Fabric is an open source software for enterprise-grade blockchain deployments. It offers a scalable and secure platform that supports blockchain projects.

Blockchain in the myoncare system is an additional database that stores data from all the installations. All the data is stored in Germany. It is a Private Blockchain (“Private Blockchain“), it allows the entry of only selected verified participants, and it is possible to override, edit, or delete entries as required.

In general, the Blockchain is made up of digitally recorded data in a chain of packages called ‘blocks’ that store records of transactions. The manner in which these blocks are linked is chronological. The first block created is called a genesis block and each block added afterwards will have a cryptographic hash that refers to the previous block, allowing to trace transactions and changes to information going back to the Genesis block. All transactions within the blocks are validated and agreed upon by a consensus mechanism, ensuring that each transaction is true and correct.

Each block contains the list of transactions, its timestamp, its own hash, and the previous block’s hash. A hash is a function used to convert digital data to a fixed-sized alphanumeric string. If an unauthorzed person tries to update the data from a single block, the hash of the block would also change and the linking to this block would be lost. At this moment, the copy blockchain won’t be in sync with the other copies. When all nodes try to sync their copies they would realize that this one copy is different and then the network marks this node as illegitimate. This process makes it quite difficult for unauthorzed persons to tamper with the records in the blockchain.

Our Blockchain is a Private Blockchain. A Private Blockchain is decentralized. It is a distributed ledger that operates as a closed database.  Unlike Public Blockchains, which are “permissionless,” Private Blockchains are “permissioned,” because approval is required to become a user. In contrast to Public Blockchains that are open for everyone, Private Blockchains require some form of authorization. This allows to take advantage of the security and immutability of blockchain technology while also complying with privacy regulations, most notably the General Data Protection Regulation (GDPR). Private Blockchain records can be edited, overridden or deleted; deleted means in this context to erase the reference to the UUID (Universally Unique Identifier) in the customer´s database. The result is that the hash is anonymized in the Blockchain database, with the consequence that this process is compliant with the General Data Protection Regulation and it guarantees the rights of a data subject (Right to erasure ‘right to be forgotten’, Art. 17 GDPR).

Types of data that are stored and processed on the Blockchain:

-Patient UUID

-Site/Institution UUID

-Asset UUID

-Hash of Caretask & Asset Data.

(UUID: Universally Unique Identifier).

The data stored in the Blockchain is pseudo-anonymous.

Our Blockchain intends to provide services that help prove the integrity of the data related to the privacy policy, patient profile, assets, and the assigned caretasks and medications. To communicate with the blockchain, the user needs to enroll a set of public-private keys. The enrollment process generates certificates that are stored in a separate database for Health Care Providers and on the phone for the patients. A backup of the patient’s keys is encrypted and stored in the Health Care Provider database which can be accessed only by the patient.

For the privacy policy consent verification, whenever the Health Care Provider intends to communicate with the patient, the system checks if the patient has valid consent to the privacy policy of the health care institution. The blockchain is used to guarantee the integrity and accountability of the record that stores that the patient has accepted the privacy policy.

When the Health Care Provider uploads the new version of the privacy policy, the hash of the file is stored in the blockchain, and after the patient consents to the privacy policy, this interaction is stored on the blockchain. For each communication with the patient, the blockchain returns a flag if the patient’s consent is still valid for the recent privacy policy by comparing the hash.

Similarly, for the patient sync feature, the integrity of the patient profile is assured by the blockchain. The Health Care Provider knows if the patient profile is out of sync with the profile on the phone by comparing the hash of the patient profile on the blockchain. This enables the Health Care Provider to have the most recent patient profile information.

myoncare Portal:

If the Health Care Provider decides to use the Blockchain solution, ONCARE will add an extra service called adapter service that will be used to communicate with the Blockchain. The Blockchain instance is hosted by ONCARE.

myoncare App:

The patients can connect to the same Blockchain instance, and it is done with the help of the phone manager service. This service is also hosted by ONCARE.

Justification of Processing: The processing of data by Oncare for the Health Care Provider is based on Art. 28 GDPR (data processing agreement).

PROCESSING OF OPERATIONAL DATA

In case you are a contact person to run the Portal at your site/practice (e.g. IT administrator, appointed Health Care Professional), you might provide us with certain personal data in case you are contacting us to understand or discuss the functions and usage of the Portal or in case of a service request.

In the event of a service request, the following personal data may also be viewed by authorized Oncare employees:

• The personal data that you have provided to register and/or log in to our Portal (e.g. name, date of birth, profile picture, contact details)

Authorized Oncare employees who have access to your database for the purpose of processing a service request are contractually required to keep all personal information strictly confidential.

For the processing of Operational Data, Oncare acts as data controller responsible for the legitimate processing of your personal data.

Types of Data: E-mail-address, date of birth, registration date, your IP address, pseudo keys generated by the Portal .

The app uses Google Maps API to use geographical information. When using Google Maps, Google also collects, processes and uses data about the use of the map functions. For more information about the scope, legal basis and purpose of data processing by Google as well as the storage period, please refer to Google’s privacy policy.

Purposes of processing of Operational Data: We use the Operational Data to maintain the functionalities of myoncare Portal and to get in direct contact with you if required or initiated by you (e.g. in case of change of Standard Terms, necessary support, technical problems etc.). In addition, personal data (e-mail-address) is needed and processed for the 2-factor-identification in each case of your log-in to myoncare Portal.

Justification of Processing: The processing of Operational Data is justified based on Article 6 Paragraph 1 lit. b EU GDPR to fulfill the contract you conclude with Oncare for the purpose of the use of myoncare Portal.

PROCESSING OF TREATMENT DATA

During the use of myoncare Portal, you will enter personal (health) data of your patients to myoncare Portal (e.g. provision of individual Careplan, reminder for intake of medicines etc.). In addition, you and your patients will be able to upload patient related documents and files to myoncare Portal and share the files with each other. Additionally, location functions can be generated and implemented.

• the addition of a location;
• uploading the logo of the location;
• to add the details of the location;
• to upload a privacy policy; and
• it is possible to create further consent requirements for the patient, for which the patient must give consent to connect to the site.

An uploaded privacy policy is displayed to any patient who connects to the site. All consent statements must be defined in the uploaded privacy policy. Once a privacy policy has been uploaded, it can only be replaced with a new version, but not deleted.

The files will be stored in a cloud database hosted in Germany. You can allow sharing such files with other Portal Users of your own institution for medical reasons. Other Portal Users will not be able to access these files.

You (not Oncare) will be responsible for a legitimate processing of the personal data.

We process such personal data, including the patients’ health data, under an agreement with you and in accordance with your instructions. For the purposes of using myoncare Services with patients’ health data, you will, therefore, be the responsible data controller. Please process your patients’ data only, if you have obtained the required data consent of such patients. Oncare will act as data processor in compliance with the separate data processing contract we have concluded with you based on Art. 28 EU GDPR. 

PROCESSING OF STORE BUSINESS DATA

– Only applicable if you are using myoncare Store either as Careplan Provider or as Careplan User –

myoncare Store is integrated in myoncare Portal and offers the exchange of Careplans and after registering to the myoncare Portal, you will be able to connect to myoncare Store with your log-in information of myoncare Portal. You will be able to use myoncare Store for own Careplans as Careplan Provider or for purchasing a Careplan as Careplan User.

Data of Careplan Provider:

Types of Data: Name, contact details, bank account information

Processing of Store Business Data: If you want to offer an own Careplan to other Portal Users, you will have to provide your name and contact details with the Careplan. These details will be visible to other Careplan Providers and Careplan Users using myoncare Store, in case you decide to “publish”. If you decide for “internal use”, your personal data related to your Careplan will only be visible to Careplan Providers and Careplan Users of your own institution.

In case of a purchase of your Careplan by a Careplan User, your personal data (name and contact details) will be processed to agree on a Careplan licence agreement between you and the Careplan User.  If your Careplan is offered for a fee, you will also need to provide your bank account details, as the Careplan Users will have to be able to pay the fee for your Careplan. In addition, we as Oncare will process the information on the use of the Careplan, the fee schedule and your personal data related to the Careplan to track the commission fee.

In the case of the tracking of commission fee, Oncare will act as data controller. For all other cases (data exchange between Careplan Provider and Careplan User, licence agreement, payment etc.), Oncare acts as data processor for the Careplan Provider in compliance with the separate data processing contract we have concluded with you based on Art. 28 EU GDPR. 

Justification of processing of Store Business Data: Legal basis for the processing of personal data of Careplan Provider by Oncare as data controller is Art. 6, lit. c EU GDPR with respect to the commission fee.

Data of Careplan User:

The Careplan User data processed by using the myoncare Store will be used for entering into a license agreement with the Careplan Provider and, if Careplan offered for a fee, for processing and control of the payment process between the Careplan Provider and the Careplan User.

Types of Data: Name, contact details, bank account information.

Processing of Store Business Data: When purchasing a Careplan in myoncare Store (either for free or based on a purchase price offered by the Careplan Provider), the Careplan User will have to enter his/her personal data and contact details with the aim to conclude a licence agreement with the Careplan Provider. In addition, payment details will be processed (if there is a usage fee) to the Careplan Provider.

Justification of processing of Store Business Data: Legal basis for the processing of personal data is the separate data processing contract we have concluded with the Careplan Provider based on Art. 28 EU GDPR.

PROCESSING OF ACTIVITY DATA

– Only applicable if your connected App Users agree to and activate the data transfer –

myoncare Tools offer the possibility to App Users to connect the myoncare App to certain health apps (e.g. AppleHealth, GoogleFit) (“Health App”), if those are used by the App User and if the connection is desired by the App User. If the connection is established, Activity Data collected by the Health App is transferred to you with the purpose of providing additional, contextual information about the App Users activity to you. Please note that Activity Data are not validated by myoncare Tools and shall not be used for diagnostic purposes or as basis for medical decision making.

The processing of Activity Data to you falls within the own data responsibility of your patients.

Types of data: The type and extent of data transferred depend on the decision of the App User. Data can include, inter alia,  weight, height, taken steps, burned calories, hours of sleep, heart rate and blood pressure.

Purposes of processing of Activity Data: Activity Data of the App User is transferred to you with the purpose of providing additional, contextual information about the App Users’ activity to you. Please note that Activity Data are not validated by myoncare Tools and shall not be used for diagnostic purposes or as basis for medical decision making.

Justification of Processing of Activity Data: Data Controller is the patient him-/herself who grants you access to his/her Activity Data just for review of the shared information. Therefore, no further justification is needed.

PROCESSING OF PRODUCT SAFETY DATA

– Only applicable if you are using the medical device variant of myoncare Tools –

myoncare Portal and myoncare App are classified and marketed as medical device according to the European medical device regulations. As manufacturer of the myoncare Tools, we have to fulfill certain legal obligations (e.g. surveillance of functionality of the Tools, evaluation of incident reports which might be connected to the use of the Tools, tracking of users etc.). In addition, you might collect personal data in myoncare Tools regarding specific medical devices or pharmaceuticals used in the treatment of your patients. The manufacturers of such medical devices or pharmaceuticals also have legal obligations regarding the surveillance of the market (e.g. collection and assessment of side effect reports).

Oncare is data controller for Product Safety Data.

Types of Data: Case reports, personal data provided in an incident report and results of evaluation, reporter details.

Processing of Product Safety Data: We will store and assess any personal data related to our legal obligations as manufacturer of a medical device and transfer such personal data (if possible after pseudonymization) to competent authorities, notified bodies or other data controllers with supervisory responsibilities. In addition, we will store and transfer personal data related to medical devices and/or pharmaceuticals, if we receive any notices by you as reporter of such information, by your patient or any third person (e.g. our distributors or importers of the myoncare Tools in your country) that has to be reported to the manufacturer of the product to enable the manufacturer to fulfill its legal product safety obligations.

Justification of processing of Product Safety Data: Legal basis for the processing of personal data to fulfill legal obligations as medical device or pharmaceutical manufacturer is Art. 6, lit. c, Art. 9 Paragraph 2 lit. i EU GDPR in accordance with the post-market surveillance obligations provided by the German Medical Device Act and Medical Device Directive (from 26 May 2021 on regulated in Chapter VII of the new Medical Device Regulation (EU) 2017/745) and/or German Pharmaceutical Act.

PROCESSING OF REIMBURSEMENT DATA

– Only applicable if you are using myoncare Tools for reimbursement –

myoncare Portal will assist you to start your standard reimbursement processes for the health services provided to your patients via myoncare App. To enable the reimbursement process, myoncare Portal will support the collection of your patient’s personal (health) data from myoncare Portal to facilitate the standard reimbursement processes you might want to transfer to the patient’s cost payer (either your Association of Statutory Health Insurances and/or the patient’s health insurer). You will be the data controller for Reimbursement Data and responsible for the compliance with data protection regulations for your patients’ data processed in the reimbursement process. Oncare is acting as data processor based on the data processing agreement with you.

Types of Data: Patient’s name, diagnosis, indications, treatment, period of treatment, other data required for reimbursement administration.

Processing of Reimbursement Data: You as responsible data controller will transfer the patient’s Treatment Data required to receive reimbursement to the cost payer (either your Association of Statutory Health Insurances and/or the patient’s health insurer) and the cost payer will process the Reimbursement Data to provide reimbursement to you.

Justification of processing of Reimbursement Data: The Reimbursement Data are processed on the basis of Sec. 295 and Sec. 301 German Social Code V. The processing of data by Oncare for you is, in addition, based on Art. 28 EU GDPR (data processing agreement).

WHAT TECHNOLOGY IS USED BY MYONCARE PORTAL AND MYONCARE APP?

myoncare Portal works as web based tool for which you need a working internet connection and any current version of the internet browser Chrome, Firefox or Safari.

SECURE TRANSFER OF PERSONAL DATA

We implement the appropriate technical and organizational security measures to ensure the optimal protection of the personal data stored by us against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. The security levels are continuously reviewed in collaboration with security experts and adapted to new security standards.

The data exchange to and from the Portal and App is encrypted. We use TLS and SSL as encryption protocols for secure data transmission. In addition, data exchange is end-to-end encrypted and takes place using pseudo-keys.

DATA TRANSFERS / DISCLOSURE TO THIRD PARTIES

We will only transmit your personal data to third parties within the scope of given statutory provisions or based on your consent. In all other cases, information will not be transferred to third parties unless we are obliged to do so owing to mandatory legal regulations (disclosure to external bodies, including the supervisory authorities or law enforcement authorities).

All transfer of personal data is encrypted during transfer.

The information how we handle the personal (health) data of your patients acting with myoncare App is summarized in a separate Privacy Notice for the myoncare Patient App. You can find this Patient Privacy Notice here. Please also read this Patient Privacy Notice carefully. For some processing of patient data, you will be the data controller and responsible for the compliance with data protection (e.g. transfer of treatment data to the patient).

GENERAL INFORMATION ON CONSENT TO DATA PROCESSING

Your consent also constitutes permission to data processing under data privacy law. Before granting your consent, we will inform you about the purpose of the data processing and your right of objection.

If the consent also relates to the processing of special categories of personal data, myoncare Portal will explicitly notify you in the consent process. Processing of special categories of personal data according to Art. 9 Paragraph 1 EU GDPR may only take place where necessary on the grounds of legal regulations and there is no reason to assume that your legitimate interests should prevail to the exclusion of processing such personal data or you have given consent to the processing of this personal data according to Art. 9 Paragraph 2 EU GDPR.

For the data processing for which your consent is required (as explained in this Privacy Notice), the consent will be requested during registration process. After successful registration, the consents can be managed in the account settings of myoncare Portal. In addition, Oncare will ask you to agree on a data processing agreement for the data processed by Oncare under your responsibility as data controller.

DATA RECIPIENTS / CATEGORIES OF RECIPIENTS

In our organization, we ensure that only those persons are entitled to process personal data who are required to do so in order to fulfil their contractual and statutory duties.

In certain cases, service providers support our specialist departments in fulfilling their tasks. The necessary data protection contracts have been concluded with all service providers which are data processor for the personal data. These service providers are Hetzner Online and Google (Google Firebase). Google Firebase is a “NoSQL database” that enables synchronization between the myoncare Portal and the myoncare App used by your patients. NoSQL defines a mechanism of storing data which is modeled in means other than just tabular relations by allowing for easier “horizontal” scaling compared to tabular/ relational database management systems in a cluster of machines. 

For this purpose, a pseudo key of the myoncare Portal and the myoncare App is stored in Google Firebase along with the corresponding Careplan. The data transfer is pseudonymized to Oncare and its service providers which means that Oncare and its service providers cannot relate to you or your patient as a data subject. This is achieved by encryption of the data during transfer and the use of pseudo-keys instead of personal identifiers such as names or e-mail addresses to track these transfers.  Re-identification happens once the personal data has reached the patient account in myoncare App or your account in myoncare Portal after verification via specific tokens.

Hetzner Online provides cloud storage in which the Firebase Manager, which manages the Firebase URLs for the myoncare Portal, is stored. In addition, Hetzner Online provides the isolated server domain of myoncare Portal in which your and your patients’ personal data are stored. Hetzner Online also hosts myoncare’s video and file management services, which enable encrypted video conferencing and exchange of files between you and your patient, respectively. Access to all personal data by you and your patient is ensured by sending specific tokens. This personal data is encrypted during transfer and pseudonymized during transfer and at rest to Oncare and its service providers. Service providers of Oncare do not have access to this personal data at any time.

TRANSFERS OF PERSONAL DATA TO THIRD COUNTRIES

No personal data collected by myoncare Portal or myoncare App will be stored in the app stores. Personal Data will only be transferred to third countries (outside the European Union or the European Economic Area) if this is necessary for the performance of the contractual obligation, is required by law or you have given us your consent.

Synchronization of myoncare Portal with myoncare App takes place via Google Firebase. The Google Firebase servers are hosted in the EU. However, according to the Google Firebase Terms of Service, transient data transfers in countries where Google and its’ service providers have establishments are possible. In the case of certain Google Firebase services, data is only transferred to the USA if no processing takes place in the European Union or the European Economic Area. Unauthorized access to your data is prevented by end-to-end encryption and secure access tokens. Hetzner Online is hosted in Nuremberg, Germany.In order to process Activity Data, interfaces to Google cloud services (in case of GoogleFit) or to AppleHealth within the mobile device of the App User are used. myoncare Tools use these interfaces which are provided by Google and Apple, to request Activity Data from connected Health Apps. The request sent by myoncare Tools does not contain personal data but personal data is provided to myoncare Tools via these interfaces.

PERIOD OF PERSONAL DATA STORAGE

We store your personal data as long as they are needed for the respective processing purpose. Please note that numerous retention periods dictate that personal data must continue to be stored. This applies in particular to commercial law or tax law storage obligations (e.g. Commercial Code, Tax Code, etc.).

Please note that Oncare is also subject to storage obligations which are contractually agreed with you on the basis of legal provisions. In addition, based on the classification and your use of myoncare Portal and App as medical device, certain storage periods arising from medical device law are applicable to the Portal. If there are no further storage obligations, the personal data is routinely deleted once the purpose has been achieved.

In addition, we can store personal data if you have given us your permission to do so or if legal disputes arise and we use evidence within the framework of statutory limitation periods, which can be up to thirty years; the regular limitation period is three years.

OBLIGATION TO PROVIDE PERSONAL DATA

Various personal data are necessary for the establishment, performance and termination of the contractual relationship and the fulfillment of the associated contractual and legal obligations. The same applies to the use of our myoncare Portal and the various functions it provides.

We have summarized the details for you in the above point. In certain cases, personal data must also be collected or made available in accordance with statutory provisions. Please note that it is not possible to process your inquiry or to execute the underlying contractual obligation without providing this  personal data.

AUTOMATED DECISIONS IN INDIVIDUAL CASES

We do not use purely automated processing to make decisions.

YOUR RIGHTS AS DATA SUBJECT

We would like to inform you of your rights as a data subject. These rights are set out in articles 15 – 22 EU GDPR and include:

• Right of access (Art. 15 EU GDPR): You have the right to be provided with a copy of any personal data that we hold about you;

• Right to erasure / right to be forgotten (Art. 17 EU GDPR): You can request us, without undue delay, to delete your personal data collected and processed by us. In this case, we will ask you to delete the myoncare Portal from your computer. However, please note that we can delete your personal data only after expiry of the legal retention periods.

• Right to rectification (Art. 16 EU GDPR): You can require us to update or correct any inaccurate personal data or to complete any incomplete personal data;

• Right to data portability (Art. 20 EU GDPR): In general, you can request us to provide you with personal data which you have provided to us and which are processed by using automated means, based on your consent or the performance of a contract with you, in machine readable format so that they can be “ported” to a replacement service provider.

• Right to restriction of data processing (Art. 18 EU GDPR): You can require us to “restrict” our use of your information, so that we can continue the use your information only subject to restrictions;

• Right to object to data processing (Art. 21 EU GDPR): You have the right to object to our use of your personal data and to revoke your consent at any time, if we process your personal data based on your consent. We will continue to provide our services if they do not depend on the consent that has been revoked.

To exercise these rights, please contact us at:  privacy@myoncare.com. We will require you to provide satisfactory proof of your identity to ensure that your rights are protected and that your personal data is disclosed only to you and not to any third person.

Please also contact us at any time on privacy@myoncare.com, if you have questions about data processing in our company or if you wish to revoke your consent. You also have the right to contact the relevant data protection supervisory authority.

DATA PROTECTION OFFICER

You can contact our data protection officer to answer all data protection questions at privacy@myoncare.com.

CHANGES TO PRIVACY NOTICE

We explicitly reserve our right to modify this Privacy Notice in future at our own discretion. Modifications or additions may, for instance, be necessary to meet statutory requirements, correspond with technical and economic developments or to meet the interests of the App or Portal Users.

Any modifications are possible at any time and will be published in an appropriate manner and in an appropriate time frame to you before they take effect (e.g. by posting revised Privacy Notice at login or by providing advance notice to you of material changes).

ONCARE GmbH

Postal address

Balanstraße 71a

81541 Munich, Germany

T | +49 (0) 89 4445 1156

F | +49 (0) 89 4445 1157

E | info@myoncare.com

Contact info of the data protection officer:

privacy@myoncare.com

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Last Updated on 10 January 2023.

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U.S. PRIVACY POLICY

Welcome to myoncare, the digital health portal for efficient and needs-oriented patient care.

For us at Oncare GmbH (hereinafter referred to as “Oncare” or “we”, “us”, “our”), the protection of your privacy and any personal data relating to you while using the myoncare Portal is of major relevance and importance. We are aware of the responsibilities to provide and save your personal data in the myoncare Portal. Therefore, our technology systems used for myoncare Services are set up according to the highest standards and the lawful processing of personal data is core to our business ethics.

We process your personal data in accordance with the applicable legal provisions for the protection of personal data. This Privacy Notice tells you why and how Oncare processes your personal data which we collect from you or which you provide to us, when you decide to use myoncare Portal. In particular, you will find a description of the personal data, which we collect and process as well as the purpose and on which basis we are processing the personal data and the rights to which you are entitled.

All information collected and stored by us or added by Health Care Providers is considered Protected Health Information (“PHI”) and/or medical information and is governed by laws that apply to that information, for example the Health Insurance Portability and Accountability Act (HIPAA). We are required by law to maintain the privacy and security of protected health information. We continuously seek to safeguard the health information through administrative, physical, and technical means, and otherwise abide by applicable federal and state laws. 

Please read this Privacy Notice carefully to ensure that you understand each provision. After reading the Privacy Notice, you will have the option to consent to the Privacy Notice and the processing of your personal data as described in this Privacy Note. If you give consent, the Privacy Notice will be part of the contract between you and Oncare.

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DEFINITIONS

“App User” means any user of the myoncare App (your patient).

“Careplan Provider” means any Health Care Professional or other third-party (e.g., medical device manufacturer, pharmaceutical company) offering Careplans to Portal Users through the myoncare Store or through any other data transfer method (e.g., email).

“Careplan User” means any Health Care Professional (Portal User), using a Careplan for treatment of their Registered Patients.

“EU General Data Protection Regulation“. The General Data Protection Regulation (GDPR) is a European privacy law. The regulation was put into effect on May 25, 2018. GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the European Union, regardless of whether the processing takes place in the European Union or not. So the GDPR applies also to you as a U.S. citizen, because Oncare has its place of business in Germany.

“Health Care Provider” means you or any other doctor, clinic, health care institution or other health care professional acting on its own or on behalf of you or any other doctor, clinic or health care institutions (intended user).

“Health information” means any information, including genetic information, whether oral or recorded in any form or medium, that:

-Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and

-Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual. “Protected health information” or “PHI” means individually identifiable health information that is (i) Transmitted by electronic media; (ii) Maintained in electronic media; or (iii) Transmitted or maintained in any other form or medium.

“Health Insurance Portability and Accountability Act“, “HIPAA” or the “Law“. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The Privacy Rule standards address the use and disclosure of individuals’ health information (known as “protected health information”) by entities subject to the Privacy Rule. These individuals and organizations are called “covered entities.”

“myoncare App” means the myoncare mobile app intended for the use by patients who want to use the services provided by Oncare.

“myoncare Store” means the platform run by Oncare that provides digital care concepts (Careplans) to be used for the treatment of your registered patients through the myoncare Portal.

“myoncare Portal” means the myoncare web-portal intended for professional use by Portal Users and functioning as interface between such Portal Users and patients as App Users.

“myoncare Tools” means both, myoncare App and myoncare Portal, together.

“myoncare Services” means the services, functionalities and other offerings which are or may be offered to Portal Users via the myoncare Portal and/or to App Users via the myoncare App, as applicable.

“Oncare“ means ONCARE GmbH, Germany.

“Portal User” means you or any other Health Care Provider using the web-based myoncare Portal.

“Patient Privacy Notice” means the privacy statement that describes the collection, use and retention of the personal (health) information of patients using myoncare App.

“Privacy Notice” means this statement made to you as user of the myoncare Portal that describes how we collect, use and retain your personal information, and provides you with information on your comprehensive rights.

“Standard Terms” means the Standard Terms and Conditions for using the myoncare Portal.

RESPONSIBLE ENTITY

Oncare GmbH, a company registered with the Munich Local Court with the Register number 219909 with its offices located at Herrenwiesstr. 12, 82031 Gruenwald, Germany, offers and operates the interactive web portal myoncare Portal (for Health Care Professionals) and the mobile application myoncare App (for patients) giving access to myoncare Services. This Privacy Notice applies to all personal data processing by Oncare related to the use of myoncare Portal. For the use of myoncare App by patients, you can find a separate Patient Privacy Notice here.

Oncare is a “business associate” (as that term is used under HIPAA) that provides services to and for health care providers and health care plans, referred to as “covered entities” under HIPAA, and enters into business associate agreements with these covered entities. Oncare will use and disclose PHI only in accordance with the business associate agreements and HIPAA.

We are required by U.S. law to maintain the privacy and security of protected health information. We will let you know promptly if a breach occurs that may have compromised the privacy or security of (health) information.

WHAT IS PERSONAL DATA ACCORDING TO GDPR

“Personal data” is all information that makes it possible to identify a natural person. In particular, this includes your name, date of birth, address, telephone number, e-mail address and IP address. “Health data” is personal data that relates to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.

Data is considered “anonymous” if no personal reference to the person/user can be made. In contrast, “pseudonymized” data is data from which personal reference or personal identifiable information is replaced by one or more artificial identifiers, or pseudonyms, but which can, in general, be re-identified by the identifier key.

WHICH HEALTH INFORMATION / PERSONAL DATA WILL BE PROCESSED WHILE USING MYONCARE APP

We may process the following data categories about you while using the myoncare App:

• Operational information: Personal information provided to us when you register and log in to our myoncare Portal, contact us regarding any problems with the Portal or otherwise interact with us with the purpose of using the Portal (“Operational Data”);

• Treatment information: You will enter health information / personal data of your patients, such as name, age, height, weight, indication, disease symptoms and further information in connection with the treatment of your patients (e.g. in a Careplan) in myoncare Portal (“Treatment Data”). Treatment Health Information / Data are personal data of your patients which are collected or processed, when you interact with your patient via myoncare Portal;

• Store Business Information: Personal information which will be processed by us when you are using the myoncare Store either as author of Careplans or as buyer of Careplans. The use of the myoncare Store will require the processing of your name and contact information as well as your payment details (payment details only in case Careplan is subject to a fee) (“Store Business Data”).

• Activity Information: Personal information which will be processed by us when any App User connects myoncare App to a Health App (e.g. AppleHealth, GoogleFit). Activity information of your connected patients is available to you within the myoncare Portal.

• Product Safety Data: Personal data which will be processed to fulfill our legal obligations as manufacturer of the myoncare App as medical device. In addition, your personal data as reporter of incidents may be processed to fulfill legal safety or vigilance purposes of medical device or pharmaceutical companies. (“Product Safety Data”).

• Reimbursement Data: Personal Data which are required for the reimbursement process (“Reimbursement Data”).

PROCESSING OF OPERATIONAL DATA

In case you are a contact person to run the Portal at your site/practice (e.g. IT administrator, appointed Health Care Professional), you might provide us with certain personal data in case you are contacting us to understand or discuss the functions and usage of the Portal or in case of a service request.

In the event of a service request, the following personal data may also be viewed by authorized Oncare employees:

• The personal data that you have provided to register and/or log in to our Portal (e.g. name, date of birth, profile picture, contact details)

Authorized Oncare employees who have access to your database for the purpose of processing a service request are contractually required to keep all personal information strictly confidential.

For the processing of Operational information, Oncare acts as data controller responsible for the legitimate processing of your personal data.

Types of Data: E-mail-address, date of birth, registration date, your IP address, pseudo keys generated by the Portal .

The app uses Google Maps API to use geographical information. When using Google Maps, Google also collects, processes and uses data about the use of the map functions. For more information about the scope, legal basis and purpose of data processing by Google as well as the storage period, please refer to Google’s privacy policy.

Purposes of processing of Operational information: We use the Operational information to maintain the functionalities of myoncare Portal and to get in direct contact with you if required or initiated by you (e.g. in case of change of Standard Terms, necessary support, technical problems etc.). In addition, personal data (e-mail-address) is needed and processed for the 2-factor-identification in each case of your log-in to myoncare Portal.

Justification of Processing according to GDPR: The processing of Operational Data is justified based on Article 6 Paragraph 1 lit. b EU GDPR to fulfill the contract you conclude with Oncare for the purpose of the use of myoncare Portal.

PROCESSING OF TREATMENT HEALTH INFORMATION / DATA

During the use of myoncare Portal, you will enter personal (health) information / data of your patients to myoncare Portal (e.g. provision of individual Careplan, reminder for intake of medicines etc.). In addition, you and your patients will be able to upload patient related documents and files to myoncare Portal and share the files with each other. Additionally, location functions can be generated and implemented.

• the addition of a location;
• uploading the logo of the location;
• to add the details of the location;
• to upload a privacy policy; and
• it is possible to create further consent requirements for the patient, for which the patient must give consent to connect to the site.

An uploaded privacy policy is displayed to any patient who connects to the site. All consent statements must be defined in the uploaded privacy policy. Once a privacy policy has been uploaded, it can only be replaced with a new version, but not deleted.

The files will be stored in a cloud database hosted in Germany. You can allow sharing such files with other Portal Users of your own institution for medical reasons. Other Portal Users will not be able to access these files.

You (not Oncare) will be responsible for a legitimate processing of the personal health information / data.

We process such personal health information / data under an agreement with you and in accordance with your instructions.

GDPR Rules

For the purposes of using myoncare Services with patients’ health information, you will, therefore, be the responsible data controller (according to GDPR). Please process your patients’ health information only, if you have obtained the required consent of such patients. Oncare will act as data processor (according to GDPR) in compliance with the separate data processing contract we have concluded with you based on Art. 28 EU GDPR. 

PROCESSING OF STORE BUSINESS DATA

– Only applicable if you are using myoncare Store either as Careplan Provider or as Careplan User –

myoncare Store is integrated in myoncare Portal and offers the exchange of Careplans and after registering to the myoncare Portal, you will be able to connect to myoncare Store with your log-in information of myoncare Portal. You will be able to use myoncare Store for own Careplans as Careplan Provider or for purchasing a Careplan as Careplan User.

Data of Careplan Provider:

Types of Data: Name, contact details, bank account information

Processing of Store Business Data: If you want to offer an own Careplan to other Portal Users, you will have to provide your name and contact details with the Careplan. These details will be visible to other Careplan Providers and Careplan Users using myoncare Store, in case you decide to “publish”. If you decide for “internal use”, your personal data related to your Careplan will only be visible to Careplan Providers and Careplan Users of your own institution.

In case of a purchase of your Careplan by a Careplan User, your personal data (name and contact details) will be processed to agree on a Careplan licence agreement between you and the Careplan User.  If your Careplan is offered for a fee, you will also need to provide your bank account details, as the Careplan Users will have to be able to pay the fee for your Careplan. In addition, we as Oncare will process the information on the use of the Careplan, the fee schedule and your personal data related to the Careplan to track the commission fee.

GDPR Rules

In the case of the tracking of commission fee, Oncare will act as data controller. For all other cases (data exchange between Careplan Provider and Careplan User, licence agreement, payment etc.), Oncare acts as data processor for the Careplan Provider in compliance with the separate data processing contract we have concluded with you based on Art. 28 EU GDPR. 

Justification of processing of Store Business Data: Legal basis for the processing of personal data of Careplan Provider by Oncare as data controller is Art. 6, lit. c EU GDPR with respect to the commission fee.

Data of Careplan User:

The Careplan User data processed by using the myoncare Store will be used for entering into a license agreement with the Careplan Provider and, if Careplan offered for a fee, for processing and control of the payment process between the Careplan Provider and the Careplan User.

Types of Data: Name, contact details, bank account information.

Processing of Store Business Data: When purchasing a Careplan in myoncare Store (either for free or based on a purchase price offered by the Careplan Provider), the Careplan User will have to enter his/her personal data and contact details with the aim to conclude a licence agreement with the Careplan Provider. In addition, payment details will be processed (if there is a usage fee) to the Careplan Provider.

GDPR Rules

Justification of processing of Store Business Data: Legal basis for the processing of personal data is the separate data processing contract we have concluded with the Careplan Provider based on Art. 28 EU GDPR.

PROCESSING OF ACTIVITY DATA

– Only applicable if your connected App Users agree to and activate the data transfer –

myoncare Tools offer the possibility to App Users to connect the myoncare App to certain health apps (e.g. AppleHealth, GoogleFit) (“Health App”), if those are used by the App User and if the connection is desired by the App User. If the connection is established, Activity Data collected by the Health App is transferred to you with the purpose of providing additional, contextual information about the App Users activity to you. Please note that Activity Data are not validated by myoncare Tools and shall not be used for diagnostic purposes or as basis for medical decision making.

The processing of Activity Data to you falls within the own data responsibility of your patients.

Types of data: The type and extent of data transferred depend on the decision of the App User. Data can include, inter alia,  weight, height, taken steps, burned calories, hours of sleep, heart rate and blood pressure.

Purposes of processing of Activity Data: Activity Data of the App User is transferred to you with the purpose of providing additional, contextual information about the App Users’ activity to you. Please note that Activity Data are not validated by myoncare Tools and shall not be used for diagnostic purposes or as basis for medical decision making.

Justification of Processing of Activity Data: Data Controller is the patient him-/herself who grants you access to his/her Activity Data just for review of the shared information. Therefore, no further justification is needed.

PROCESSING OF PRODUCT SAFETY DATA

– Only applicable if you are using the medical device variant of myoncare Tools –

myoncare Portal and myoncare App are classified and marketed as medical device according to the European medical device regulations. As manufacturer of the myoncare Tools, we have to fulfill certain legal obligations (e.g. surveillance of functionality of the Tools, evaluation of incident reports which might be connected to the use of the Tools, tracking of users etc.). In addition, you might collect personal data in myoncare Tools regarding specific medical devices or pharmaceuticals used in the treatment of your patients. The manufacturers of such medical devices or pharmaceuticals also have legal obligations regarding the surveillance of the market (e.g. collection and assessment of side effect reports).

Oncare is data controller for Product Safety Data.

Types of Data: Case reports, personal data provided in an incident report and results of evaluation, reporter details.

Processing of Product Safety Data: We will store and assess any personal data related to our legal obligations as manufacturer of a medical device and transfer such personal data (if possible after pseudonymization) to competent authorities, notified bodies or other data controllers with supervisory responsibilities. In addition, we will store and transfer personal data related to medical devices and/or pharmaceuticals, if we receive any notices by you as reporter of such information, by your patient or any third person (e.g. our distributors or importers of the myoncare Tools in your country) that has to be reported to the manufacturer of the product to enable the manufacturer to fulfill its legal product safety obligations.

GDPR Rules

Justification of processing of Product Safety Data: Legal basis for the processing of personal data to fulfill legal obligations as medical device or pharmaceutical manufacturer is Art. 6, lit. c, Art. 9 Paragraph 2 lit. i EU GDPR in accordance with the post-market surveillance obligations provided by the German Medical Device Act and Medical Device Directive (from 26 May 2021 on regulated in Chapter VII of the new Medical Device Regulation (EU) 2017/745) and/or German Pharmaceutical Act

WHAT TECHNOLOGY IS USED BY MYONCARE PORTAL AND MYONCARE APP?

myoncare Portal works as web based tool for which you need a working internet connection and any current version of the internet browser Chrome, Firefox or Safari.

SECURE TRANSFER OF HEALTH INFORMATION / PERSONAL DATA

We implement the appropriate technical and organizational security measures to ensure the optimal protection of the health information / personal data stored by us against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. The security levels are continuously reviewed in collaboration with security experts and adapted to new security standards.

The data exchange to and from the Portal and App is encrypted. We use TLS and SSL as encryption protocols for secure data transmission. In addition, data exchange is end-to-end encrypted and takes place using pseudo-keys.

DATA TRANSFERS / DISCLOSURE TO THIRD PARTIES

We will only transmit your personal data to third parties within the scope of given statutory provisions or based on your consent. In all other cases, information will not be transferred to third parties unless we are obliged to do so owing to mandatory legal regulations (disclosure to external bodies, including the supervisory authorities or law enforcement authorities).

We will share information if U.S. state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

All transfer of personal data is encrypted during transfer.

The information how we handle the health information / personal data of your patients acting with myoncare App is summarized in a separate Privacy Notice for the myoncare Patient App. Please also read this Patient Privacy Notice carefully. For some processing of patient health information / data, you will be the data controller (according to GDPR) and responsible for the compliance with data protection (e.g. transfer of treatment data to the patient).

GENERAL INFORMATION ON CONSENT

Your consent also constitutes permission to data processing under data privacy law. Before granting your consent, we will inform you about the purpose of the data processing and your right of objection.

GDPR Rules

If the consent also relates to the processing of special categories of personal data, myoncare Portal will explicitly notify you in the consent process. Processing of special categories of personal data according to Art. 9 Paragraph 1 EU GDPR may only take place where necessary on the grounds of legal regulations and there is no reason to assume that your legitimate interests should prevail to the exclusion of processing such personal data or you have given consent to the processing of this personal data according to Art. 9 Paragraph 2 EU GDPR.

For the data processing for which your consent is required (as explained in this Privacy Notice), the consent will be requested during registration process. After successful registration, the consents can be managed in the account settings of myoncare Portal. In addition, Oncare will ask you to agree on a data processing agreement for the data processed by Oncare under your responsibility as data controller.

DATA RECIPIENTS / CATEGORIES OF RECIPIENTS

In our organization, we ensure that only those persons are entitled to process health information / personal data who are required to do so in order to fulfil their contractual and statutory duties.

In certain cases, service providers support our specialist departments in fulfilling their tasks. The necessary data protection contracts have been concluded with all service providers which are data processor (according to GDPR) for the health information / personal data. These service providers are Hetzner Online and Google (Google Firebase). Google Firebase is a “NoSQL database” that enables synchronization between the myoncare Portal and the myoncare App used by your patients. NoSQL defines a mechanism of storing data which is modeled in means other than just tabular relations by allowing for easier “horizontal” scaling compared to tabular/ relational database management systems in a cluster of machines. 

For this purpose, a pseudo key of the myoncare Portal and the myoncare App is stored in Google Firebase along with the corresponding Careplan. The data transfer is pseudonymized to Oncare and its service providers which means that Oncare and its service providers cannot relate to you or your patient as a data subject. This is achieved by encryption of the data during transfer and the use of pseudo-keys instead of personal identifiers such as names or e-mail addresses to track these transfers.  Re-identification happens once the health information / personal data has reached the patient account in myoncare App or your account in myoncare Portal after verification via specific tokens.

Hetzner Online provides cloud storage in which the Firebase Manager, which manages the Firebase URLs for the myoncare Portal, is stored. In addition, Hetzner Online provides the isolated server domain of myoncare Portal in which your and your patients’ health information / personal data are stored. Hetzner Online also hosts myoncare’s video and file management services, which enable encrypted video conferencing and exchange of files between you and your patient, respectively. Access to all health information / personal data by you and your patient is ensured by sending specific tokens. This health information / personal data is encrypted during transfer and pseudonymized during transfer and at rest to Oncare and its service providers. Service providers of Oncare do not have access to this personal data at any time.

TRANSFERS OF HEALTH INFORMATION / PERSONAL DATA TO THIRD COUNTRIES

No personal data collected by myoncare Portal or myoncare App will be stored in the app stores. Health Information / Personal Data will only be transferred to third countries (outside the U.S. or the European Union or the European Economic Area) if this is necessary for the performance of the contractual obligation, is required by law or you have given us your consent.

Synchronization of myoncare Portal with myoncare App takes place via Google Firebase. The Google Firebase servers are hosted in the EU. However, according to the Google Firebase Terms of Service, transient data transfers in countries where Google and its’ service providers have establishments are possible. In the case of certain Google Firebase services, data is only transferred to the USA if no processing takes place in the European Union or the European Economic Area. Unauthorized access to data is prevented by end-to-end encryption and secure access tokens. Hetzner Online is hosted in Nuremberg, Germany.In order to process Activity Data, interfaces to Google cloud services (in case of GoogleFit) or to AppleHealth within the mobile device of the App User are used. myoncare Tools use these interfaces which are provided by Google and Apple, to request Activity Data from connected Health Apps. The request sent by myoncare Tools does not contain personal data but personal data is provided to myoncare Tools via these interfaces.

PERIOD OF PERSONAL DATA STORAGE ACCORDING TO GDPR

We store your personal data as long as they are needed for the respective processing purpose. Please note that numerous retention periods dictate that personal data must continue to be stored. This applies in particular to commercial law or tax law storage obligations.

Please note that Oncare is also subject to storage obligations which are contractually agreed with you on the basis of legal provisions. In addition, based on the classification and your use of myoncare Portal and App as medical device, certain storage periods arising from medical device law are applicable to the Portal. If there are no further storage obligations, the personal data is routinely deleted once the purpose has been achieved.

In addition, we can store personal data if you have given us your permission to do so or if legal disputes arise and we use evidence within the framework of statutory limitation periods, which can be up to thirty years; the regular limitation period is three years.

OBLIGATION TO PROVIDE PERSONAL DATA

Various personal data are necessary for the establishment, performance and termination of the contractual relationship and the fulfillment of the associated contractual and legal obligations. The same applies to the use of our myoncare Portal and the various functions it provides.

AUTOMATED DECISIONS (ACCORDING TO GDPR) IN INDIVIDUAL CASES

We do not use purely automated processing to make decisions.

YOUR RIGHTS AS DATA SUBJECT (ACCORDING TO GDPR)

We would like to inform you of your rights as a data subject. These rights are set out in articles 15 – 22 EU GDPR and include:

• Right of access (Art. 15 EU GDPR): You have the right to be provided with a copy of any personal data that we hold about you;

• Right to erasure / right to be forgotten (Art. 17 EU GDPR): You can request us, without undue delay, to delete your personal data collected and processed by us. In this case, we will ask you to delete the myoncare Portal from your computer. However, please note that we can delete your personal data only after expiry of the legal retention periods.

• Right to rectification (Art. 16 EU GDPR): You can require us to update or correct any inaccurate personal data or to complete any incomplete personal data;

• Right to data portability (Art. 20 EU GDPR): In general, you can request us to provide you with personal data which you have provided to us and which are processed by using automated means, based on your consent or the performance of a contract with you, in machine readable format so that they can be “ported” to a replacement service provider.

• Right to restriction of data processing (Art. 18 EU GDPR): You can require us to “restrict” our use of your information, so that we can continue the use your information only subject to restrictions;

• Right to object to data processing (Art. 21 EU GDPR): You have the right to object to our use of your personal data and to revoke your consent at any time, if we process your personal data based on your consent. We will continue to provide our services if they do not depend on the consent that has been revoked.

To exercise these rights, please contact us at:  privacy@myoncare.com. We will require you to provide satisfactory proof of your identity to ensure that your rights are protected and that your personal data is disclosed only to you and not to any third person.

Please also contact us at any time on privacy@myoncare.com, if you have questions about data processing in our company or if you wish to revoke your consent. You also have the right to contact the relevant data protection supervisory authority.

FILE A COMPLAINT

If you believe that your privacy has been violated, you may file a complaint with the Secretary of Health and Human Services in Washington, D.C. We will not retaliate or penalize you for filing a complaint with us or the Secretary.  To file a complaint with us or receive more information contact:

Phone: +49 (0) 89 4445 1156

Email: privacy@myoncare.com

Address: Balanstraße 71a

81541 Munich, Germany

Attn: Complaint

To file a complaint with the U.S. Department of Health and Human Services write to 200 Independence Ave., S.W., Washington, D.C. 20201, or call 1-800-368-1019 (Toll Free Call) or 1-800-537-7697 (TTD) or file an online complaint at https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf. 

‍DATA PROTECTION OFFICER (ACCORDING TO GDPR)

You can contact our data protection officer to answer all data protection questions at privacy@myoncare.com.

‍CHANGES TO PRIVACY NOTICE

We explicitly reserve our right to modify this Privacy Notice in future at our own discretion. Modifications or additions may, for instance, be necessary to meet statutory requirements, correspond with technical and economic developments or to meet the interests of the App or Portal Users.

Any modifications are possible at any time and will be published in an appropriate manner and in an appropriate time frame to you before they take effect (e.g. by posting revised Privacy Notice at login or by providing advance notice to you of material changes).

ONCARE GmbH

Postal address

Balanstraße 71a

81541 Munich, Germany

T | +49 (0) 89 4445 1156

F | +49 (0) 89 4445 1157

E | info@myoncare.com

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Contact info of the data protection officer:

privacy@myoncare.com

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Last Updated on 07 April 2022

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