Privacy Policy Video Call

Appendix – Privacy Policy for Using the Video Consultation of myon clinic GmbH

If you have successfully registered on the platform of myon clinic GmbH ("We"), you can also participate in video consultations with your doctor via your myoncare account. For this, it is only necessary to schedule a video consultation with your doctor. After successfully scheduling an appointment by your doctor, you will automatically receive an email with an appointment confirmation and a dial-in link to the email address specified in your myoncare account.

We have developed the myon.clinic video consultation to comply with the data protection principle of "Privacy by Design," which means that only the personal data necessary for the use of the video consultation will be processed. We do not use "tracking technologies" that analyze your user behavior or create user profiles or similar. The processing of special categories of personal data (such as health data) only occurs with your explicit consent, which you can revoke at any time. For more information on data processing on the myoncare platform, please refer to the myon.clinic privacy policy.

In the following privacy policy, you will learn why and how your personal data is processed for the video consultation. In particular, you will find a description of the personal data we collect and process, the purpose and basis on which we process personal data, and the rights you have as a data subject.

Please read the privacy policy carefully and do not hesitate to contact us if you have any questions about the processing of your personal data.

1. CONTROLLER

The controller in the sense of data protection law (see Art. 4 No. 7 GDPR) for data processing within the scope of the video consultation is:

myon clinic GmbH

Balanstr. 71a

81541 Müunich

Email:sales@myon.clinic

2. CONTACT DETAILS OF THE DATA PROTECTION OFFICER

You can reach our data protection officer at the following contact details:

Dr. Sebastian Kraska

Marienplatz 2

80331 München

Tel.:+49 89 18917360

E-Mail:privacy@myon.clinic

3. DESCRIPTION OF DATA PROCESSING FOR VIDEO CONSULTATION

3.1 Data processing before the video consultation

Before the video consultation, you and your doctor schedule an appointment for the video consultation. After the doctor creates the appointment on the myoncare platform, you will receive an email with the appointment confirmation and dial-in details for the video consultation. Your email address is stored on the myoncare platform and is automatically used when creating an appointment for the video consultation.

Legal basis for data processing: The data processing before the video consultation is lawful under Art. 6 para. 1 b) GDPR because the data processing is necessary for the performance of the treatment contract with your doctor or for the implementation of pre-contractual measures.

3.2 Data processing during the video consultation

For the video consultation between you and your doctor, we, as the provider of the video consultation, must transfer certain data between the parties participating in the video consultation. To maintain patient confidentiality and doctor-patient privilege, we use end-to-end encryption for data transmission. This means that the data is encrypted on your device and only decrypted on the doctor's device (and vice versa). As a result, no one except the participants in the video consultation can see this data in plain text (not even us as the platform operator).

The following data is sent and received over this end-to-end encrypted connection:

  • First and last name of the patient
  • Date, time, and duration of the consultation
  • Title of the consultation

Before the video consultation, we ask for your consent to process special categories of personal data. This is necessary because you will regularly exchange information about your health status with your doctor during the video transmission. Processing such data is only permissible with your prior consent. However, we would like to point out that we do not have access to the data transmitted to your doctor during the video consultation, i.e., the information you exchange with your doctor during the video consultation remains between you and your doctor.

For data minimization reasons, it is currently not possible to share files (such as documents or similar) with your doctor during the video consultation.

Legal basis for data processing: The data processing during the video consultation is lawful under Art. 6 para. 1 b) GDPR because the data processing is necessary for the performance of the treatment contract with your doctor. To the extent that the processed personal data involves special categories of personal data (e.g., health data), we process this data based on your consent according to Art. 6 para. 1 a), Art. 7, and Art. 9 GDPR. You can revoke your consent to the processing of special categories of personal data at any time with future effect.

3.3 Data processing after the video consultation for billing purposes

For billing purposes related to the video consultation, the following data is processed after the video consultation:

  • First and last name (patient and doctor)
  • Date, time, and duration of the consultation
  • Title of the consultation
  • Depending on the individual case, the processing of the following data categories may be necessary for billing purposes:
  • Occupation and employer,
  • Health insurance/cost bearer,
  • General practitioner/referring doctor,
  • Diagnosis and indications,
  • Treatment and treatment period,
  • As well as other data possibly required for reimbursement.

The processing of these data categories does not occur through the "video consultation" system but through the myoncare platform. For more information on data processing on the myoncare platform, please refer to the myon.clinic privacy policy.

Legal basis for data processing: The data processing after the video consultation for billing purposes is lawful under Art. 6 para. 1 b) GDPR because the data processing is necessary for the performance of the treatment contract with your doctor. Additionally, doctors are required by §§ 295 and 301 SGB V to transmit certain billing data to health insurance companies. To the extent that the processed personal data involves special categories of personal data (e.g., health data), we process this data based on your consent according to Art. 6 para. 1 a), Art. 7, and Art. 9 GDPR. You can revoke your consent to the processing of special categories of personal data at any time with future effect.

4. RIGHT TO WITHDRAW YOUR CONSENT

You have the right to withdraw your consent to the processing of special categories of personal data, such as health data, at any time with future effect.

5. RECIPIENTS OF THE DATA

Data collected and processed for the use of the video consultation service is generally not disclosed to third parties. However, we point out that the data you share with the doctor during a video consultation session may be stored in the doctor's information system according to the applicable legal retention obligations.

All data that must be stored to ensure the proper technical execution of the video consultation within the described scope and duration will be transmitted to a server in the data center.

We select our IT service providers carefully, particularly concerning data protection and data security, and have taken all necessary data protection measures for permissible data processing.

The technical provision of the servers for providing the video consultation service is carried out by Oncare GmbH.

6. STORAGE DURATION

myon.clinic and its partners adhere to the principles of data minimization. Therefore, we only store personal data for as long as necessary to provide the services and achieve the purposes stated here or to comply with legal retention periods. Legal maximum or minimum storage periods are considered within this framework. Please note that numerous retention periods require further storage of personal data. This particularly applies to commercial or tax law retention obligations (e.g., Commercial Code, Tax Code, etc.). Additionally, your doctor must ensure the retention of your medical records (depending on the type of documents, between 1 and 30 years).

Data for billing purposes will be stored for 3 months within the framework of the video consultation.

7. DATA PROCESSING IN THIRD COUNTRIES

Your personal data will not be processed in third countries when using our video consultation.

8. DATA SUBJECT RIGHTS

We want to inform you about your rights as a data subject. These rights particularly include:

  • Right to information (Art. 15 GDPR): You have the right to receive a copy of the personal data we have stored about you;
  • Right to rectification (Art. 16 EU GDPR): You can request that we update or correct inaccurate personal data or complete incomplete personal data;
  • Right to erasure / Right to be forgotten (Art. 17 GDPR): You can request the immediate deletion of your personal data collected and processed by us.
  • Right to restrict data processing (Art. 18 GDPR): You can request that we "restrict" the use of your data so that we can only continue to use your data with restrictions;
  • Right to data portability (Art. 20 GDPR): In general, you can request that we provide you with personal data you have provided to us and which are processed based on your consent or for the performance of a contract with you in a machine-readable format so that they can be "ported" to a replacement service provider;
  • Right to object to data processing (Art. 21 GDPR): You have the right to object to the processing of your personal data at any time, which is based on Article 6 para. 1 lit. e or lit. f GDPR. In this case, the controller will no longer process the personal data unless they can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms as the data subject, or the processing serves to establish, exercise, or defend legal claims.
  • Right to lodge a complaint (Art. 77 GDPR): Additionally, you have the option to lodge a complaint with a competent data protection authority about our data processing.

Status: July 2024

© 2024 myon clinic GmbH – all rights reserved.
myon.clinic & myoncare are not available for sale or distribution in all markets. Please contact info@myon.clinic for information about your market. myon.clinic & myoncare are not intended for use in medical emergencies. myon.clinic & myoncare may not be used by patients under the age of 18. As a service provider, we assume no liability for the monitoring of transmitted or stored third-party information or the consequences thereof.