Data protection notice regarding the use of the mobile
OccluSense®-iPad-App by Dr. Jean Bausch GmbH & Co. KG
1 Information regarding the collection of personal data
1.1 The OccluSense®-iPad-App (hereinafter also referred to as app) is part of the OccluSense®-system that you have acquired as a dentist or physician/physiotherapist with subject-specific advanced training (CMD, craniomandibular dysfunction). You can download this app to your iPad. In the following, we, Dr. Jean Bausch GmbH & Co. KG (hereinafter referred to as Bausch), provide information regarding the collection of personal data when using our mobile app. Personal data is all data that make personal reference to you, e.g. name, address, e-mail addresses.
1.2 Responsible according to Art. 4 para. 7 EU General Data Protection Regulation (GDPR) is Dr. Jean Bausch GmbH & Co. KG, Oskar-Schindler-Str. 4, 50769 Cologne, represented by: André Bausch and Peter Bausch. Our data protection officer, Mr. Engelhardt, can be reached at datenschutz@occlusense.com or our postal address: with the addition "the data protection officer".
1.3 When you contact us via email or through a contact form, we will store your email address and, if provided by you, your name and telephone number to answer your questions. We will delete the data we collect in this context after the storage is no longer required, or – in the case of legal storage obligations – restrict the processing.
1.4 If we rely on contracted service providers for individual functions of our offer or if we wish to use your data for advertising purposes, we will inform you in detail below regarding the respective transactions. In doing so, we also name the specified criteria for the storage duration.
2 Collection of personal data when using our mobile app
2.1 When downloading the mobile app, the required information is transferred to the App Store, in particular username, e-mail address and customer number of your account, time of download and the individual device code. We have no influence on this data collection and are not responsible for it. We only process the data as far as necessary for downloading the mobile app to your mobile device.
2.2 The mobile app is downloaded to your mobile device and can be used after a one-time registration with the required internet connection and without access to the internet. No personal data will be collected from you during your use after registration.
2.3. While registering the mobile app, we collect the personal information described below to enable convenient use of the features. First, we collect the data that is technically necessary for us to offer you the functions of our mobile app and to guarantee its stability and security (legal basis is Art. 6 (1) sentence 1 lit. GDPR):
* E-mail address,
* First Name;
* Last Name;
* Postal address;
* Country;
* Serial number of the end device (iPad);
* Version number of the OccluSense®-iPad-app;
* Specifications about the firmware and
* preferred language settings.
2.4 The mobile app does not use Cookies. However, we do log user activity, especially so-called error reports (such as crash reports), for quality improvement and to be able to offer help. With your separate consent, you agree to send us the error report. These error reports do not contain personal data of patients or users, but can be allocated to the registered user.
3 Legal basis, purposes of processing, duration of storage, objection and elimination
3.1 General information about legal bases
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as legal basis. This also applies to processing operations required to carry out pre-contractual actions.
Insofar as processing of personal data is required to fulfil a legal obligation that is subject to our company, Art. 6 para. 1 lit. c GDPR serves as legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f GDPR serves as legal basis for processing.
3.2 General information about data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is omitted. In addition, such storage may take place if provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfilment of the contract.
3.3 Individual specifications
3.3.1 General system data according to section 2.3.1 and 2.3.2
Legal basis: Art. 6(1) lit. f GDPR (legitimate interest) Reason for storage: The temporary transmission of the IP address to the system is required to enable the registration of the app as well as any further interaction with the provider (for example sending error reports). There is neither storage nor further processing of the IP address beyond that. Storage duration: The data is deleted as soon as the respective session is terminated. Objection / disposal possibility: No, as urgently necessary for operation of the app.
3.3.2 Registration data according to Section 2.3.3
Legal basis: Art. 6(1) lit. b GDPR (contract fulfilment) Reason for storage: A registration of the user is necessary to fulfil a contract with the user or to carry out pre-
contractual measures. Storage duration: This is the case during the registration process for the fulfilment of a contract or for the implementation of pre-contractual measures if the data is no longer necessary for the performance of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contracting party in order to comply with contractual or legal obligations. Objection / disposal possibility: As a user, you have the option to cancel your registration within 14 calendar days. For this please send your notice in text form to: info@occlusense.com. The data stored about you can be modified at any time, with the exception of your e-mail address. You can have your e-mail address changed by the provider (e-mail to: info@occlusense.com). If the data is necessary for the fulfilment of a contract or for the execution of pre-contractual measures, a premature deletion of the data is only possible as far as contractual or legal obligations do not object to a deletion.
3.3.3 Error reports according to section 2.4
Legal basis: Art. 6(1) lit. f GDPR (justified interest) Reason for storage: The recording of error reports serves the purpose of improving the quality of our app and its content. Through the error reports, we learn why the app crashed, for example, and can so constantly optimize our offer and possibly send you help. These purposes constitute our legitimate interest in the processing of personal data pursuant to Art. 6(1) lit. f GDPR. Storage duration: Error reports are stored on your device for 180 days. If the error reports are sent to us, they will remain with us for the duration of the statutory retention period. Objection / disposal possibility: No, as required for the optimized operation of the app.
4 Note to patient data, health data
4.1 Bausch neither collects patient data nor stores Bausch patient data, health data, such as findings or images on their servers!
4.2 All patient data is stored either locally on your end device or, if necessary, additionally on your computer. Attention: If you have activated the cloud function (iCloud) on your iPad, the patient data collected by the OccluSense®-iPad-app (e.g. images and film sequences) will also be saved in the Apple cloud (iCloud) and, if necessary, automatically exported to other apps installed on your iPad! You can prevent this (to a certain extent) by disabling or restricting the cloud feature of your iPad. You therefore retain complete control and responsibility for the lawful and secure collection, processing and timely deletion of the patient data you have stored.
4.3 Bausch expressly points out to you as user and therapist that according to Art. 9 GDPR in ass. with § 22 Federal data protection act-new, you must take appropriate and specific measures to safeguard the interests of the data subject - taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of processing and the different likelihood and severity of the processing risks to the rights and freedoms of natural persons.
4.4 Our OccluSense®-iPad-app supports you to the extent that it complies with the medical documentation obligations and the privacy protection principle “Privacy by design and by default”. This allows you to correct or delete patient data at any time. For safe handling of the OccluSense®-system, please refer to our instructions in the operating instructions (www.occlusense.com), which you can refer to under the instructions in the OccluSense®-iPad-app!
5 Your rights
5.1 You have the following rights with respect to the personal data concerning you:
* right to information,
* right to correction or deletion,
* right to limitation of processing,
* right to objection against the processing,
* right to data portability.
5.2 You also have the right to file a complaint with a data protection supervisory authority regarding the processing of your personal data in our company.
6 Use of our OccluSense-iPad-App
When using our OccluSense handheld devices, the professional user (e.g. dentist) can access the functionalities of our OccluSense-iPad-App. Our OccluSense-iPad-App is an application for mobile end devices of the professional user (e.g. iPad/tablet PC of a dentist). Using the OccluSense-iPad-App enables the professional user to generate a visual representation of the masticatory pressure distribution of the patient's jaw and thus make an accurate diagnosis. The available range of functions and processing depends upon the selected model in use of our OccluSense-iPad-App, about which we would like to inform in the following:
6.1 Use of the free of charge basic model of our OccluSense-iPad-App
The professional user of our OccluSense-iPad-App has the option of using it in the free basic model. In this case, the recorded raw data created by the OccluSense handheld device is temporarily stored in the handheld device and then transferred to the OccluSense-iPad-App via wireless interface. The personal data is stored exclusively locally on the respective handheld device (OccluSense device) and on the end device used by the professional user (e.g. iPad tablet).
Regularly processed personal data covers:
- First name and surname
- Date of birth
- Patient number
- Occlusal images (images of the masticatory pressure distribution)
A transfer of personal patient data to Dr Jean Bausch GmbH & Co. KG does not take place as part of the use of the free basic model of the OccluSense-iPad-App. We expressly point out that the processing of personal data in the context of the use of our OccluSense devices and the free basic model of our OccluSense-iPad-App is under the sole responsibility of the professional user (e.g. dentist). Dr Jean Bausch GmbH & Co. KG does not have access to the locally stored personal data at any time when using the basic model of the OccluSense-iPad-
App. The transmission of personal data to Dr Jean Bausch GmbH & Co. KG is also excluded.
6.2 Use of the payment model of our OccluSense-iPad-App
The use of the payment model of our OccluSense-iPad-App offers the professional user access to an extended range of functions of the OccluSense-iPad-App which means that it is possible for him to automatically synchronise stored occlusion data locally on the end device used within a provided cloud in order to ensure a consistent database on other end devices used by the professional user. Furthermore, when using the payment model of our OccluSense-iPad-App, it is possible for the professional user to receive and edit the personal data stored in the cloud and by using the OccluSense PC software on corresponding PC systems, import it into his patient management system.
Within the scope of provision and use of these cloud functions, the professional user (e.g. dentist) is the responsible of the processing activity according to the GDPR. Dr Jean Bausch GmbH & Co. KG acts as the processor of the responsible in the context of providing the payment model of the OccluSense-iPad-App and the associated functionalities. This means that Dr. Jean Bausch GmbH & Co. KG processes the personal data only on express terms of the responsible (e.g. dentist). In order to ensure the use of the (cloud) functions of the payment model of the OccluSense-iPad-App in the event of issue directives, Dr. Jean Bausch GmbH & Co. KG reverts to the Open Telekom Cloud of the provider T-Systems International GmbH (Hahnstraße 43d, 60528 Frankfurt am Main, Germany). Dr Jean Bausch GmbH & Co. KG has concluded a (sub)processing data agreement with T-Systems International GmbH in accordance with Art. 28 GDPR in order to ensure the security and integrity of personal data in the context of processing. For further information on handling protection of data privacy, please refer to the related privacy policy: https://www.open-telekom-cloud.com/de/datenschutz.
We base the processing of personal data carried out on the instructions of the responsible on the fulfilment of contractual obligations of an order processing contract pursuant to Art. 6 para. 1 lit. b GDPR in conjunction with Art. 28 GDPR. Art. 28 GDPR. We only store personal data for as long as it is necessary to fulfil the purpose of processing. If the processing purpose no longer applies (e.g. completion of the processing activity, cancellation of the contract), we delete the personal data, unless we are obliged to continue storing the personal data due to legal record retention period.
Date: June 2024 - Version: R.2
Responsible office: Dr. Jean Bausch GmbH & Co. KG