Privacy

PRIVACY POLICY

Protecting your privacy is very important to us. The following information provides a detailed explanation of how we process and use your personal data (“data”). In particular, our Privacy Policy informs you about the type, scope and purpose of the processing of your data.

1. Data controller

The data controller responsible for the processing of personal data in the context of this website www.medicross-group.com and orders for analyses in accordance with the provisions of the General Data Protection Regulation (GDPR) is:

Medicross Group GmbH
Heuriedweg 20
88131 Lindau
Germany
Phone: +49 (0) 89 1250142 70
Email: [email protected]

2. Processing of personal data
“Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified directly or indirectly.

Special category data (sensitive personal data) with specific protection is: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs and trade union membership, the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, and data concerning a person’s sex life and sexual orientation.

Processing covers a wide range of operations performed on personal data; including by manual or automated means. It includes the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.

3. When do we process your data?
We process your data when you contact us, when we process orders, and when you visit our website. We use and process personal data for the sole purpose for which you provided it to us, for example by giving your consent, or in order to fulfill our contractual obligations. We also process data to protect our legitimate interests.

4. Use of data, processing purposes and legal bases
Details of the specific processing purposes, the relevant data and the legal basis for data processing are listed below.

a) Visiting our website
We log your visit to our website and process the following data: name of the website accessed, date and time of access, amount of data transferred, type and version of the browser, the operating system you are using, the referrer URL (the website previously visited), your IP address, and the requesting provider.

Legal basis
The legal basis for collecting this data is our legitimate interest within the meaning of Article 6 (1) (f) GDPR.

b) Contacting us
When you contact us, for example by email, your data (e.g. first and last name, email address) and your message will be processed for the sole purpose of processing and completing your request.

Legal basis
The legal basis for the processing of this data is your consent in accordance with Article 6 (1) (a) GDPR.

c) Ordering an analysis
When you order an analysis, we store information about you. Amongst other information, this data includes:
– Your name, date of birth, height and weight.
– Your contact details, e.g. address, zip code, and email address.
– Possible data related to health and fitness.
– Analysis data based on the testing.

Legal basis
The legal basis for the processing of this data is your consent in accordance with Article 6 (1) (a) GDPR.

5. Cookies
In order to make visiting our website more appealing and to enable the use of certain functions, we use so-called cookies on various pages. Cookies are small text files that are stored on your device. Some of the cookies we use are immediately deleted when you close your browser (so-called session cookies). Other cookies remain on your device and enable us or our partner companies (third-party cookies) to recognize your browser the next time you visit our website (persistent cookies).
You can delete all cookies stored on your device and set common browsers to prevent the storage of cookies.

6. Date retention period
We only store personal data for as long as it is necessary for the purposes for which it is processed, or until you withdraw your previously given consent. As far as statutory retention periods have to be observed, e.g. under commercial and tax law, the retention period for certain data may be up to 10 years.

7. Rights of the data subject
a) Right to information
Upon request, we will inform you about all personal data that we have stored about you, free of charge and at any time. To request this information, please contact us by sending an email to: [email protected]

b) Right to rectification, erasure, restriction of processing (blocking), objection
If you no longer consent to the storage of your personal data or if your data is no longer accurate and needs to be modified, we will erase or block your data, or make the necessary corrections (to the extent permitted by applicable law) upon request. The same applies when we are required to restrict the processing of data in the future. For any requests or information regarding your rights as data subject, please write to us via postal mail or email.

c) Right to data portability
We store your data in a machine-readable and transferable format (e.g. MS Word, PDF etc.), so that the data may also be transferred to another company upon your request.

d) Exercising your rights as the data subject
For questions regarding the processing of your personal data, for information about the data, its rectification or erasure, the restriction of or an objection to data processing, or to request the transfer of your data to another company, please contact:

Medicross Group GmbH
Heuriedweg 20
88131 Lindau
Germany
Phone: +49 (0) 89 1250142 70
Email: [email protected]

e) Our data protection officer
Our data protection officer is responsible for all matters regarding our data processing. For questions, suggestions or complaints, please contact our data protection officer by sending an email to: [email protected]

Please note:
The aforementioned rights do not apply to data for which we are unable to identify the data subject, such as data that has been anonymized for analytical purposes. Information, erasure, restriction of data processing, rectification, or the transfer to another company regarding such data may only be possible if you provide us with additional information that allows us to identify the data.

f) Withdrawal of consent with effect for the future
You may withdraw a previously given consent at any time with effect for the future. Data for accounting and bookkeeping purposes remain unaffected by a cancellation, withdrawal of consent, or erasure.
You may withdraw your consent either by sending an email to [email protected], or by sending a letter to the address provided in section 7.d).

8. Data security
We are committed to protecting your data. In order to protect and secure your data and to prevent unauthorized access or disclosure, we have implemented appropriate physical, electronic and administrative procedures.

9. Control over your personal data
We will not sell, transfer or lease your personal data to third parties unless you have either given your consent or we are legally required to do so. If you inform us that you wish to receive promotional information, we may use your personal data to send you promotional information that may be of interest to you.
Medicross Group does not transfer your personal data to countries outside the EEA.

Terms and Conditions

Preamble
The company Medicross Group GmbH, Heuriedweg 20, 88131 Lindau (Lake Constance), Germany, provides its contractual services exclusively within the framework of the following Terms and Conditions.

Please note
For legal reasons, we must expressly advise against using the test results as a reason for taking medical measures yourself, such as self-medication or stopping ongoing therapies, without having first consulted a physician. Always consult your physician or healthcare professional if you suffer from any disease and/or experience symptoms. Never disregard professional medical advice, and do not delay a consultation. Any probable or potential exposure/nutrient requirements/allergies/intolerances identified by the test must be discussed with a qualified physician or nonmedical practitioner. When changing your diet, we also recommend to first consult a physician. The method employed in this test is attributed to complementary/alternative medicine and performed by means of computer-controlled impulse measurement.

IF YOU BELIEVE IT IS A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR THE EMERGENCY NUMBER IMMEDIATELY.

§ 1 General information and scope of application
Medicross Group specializes in the complementary testing of human and animal hair and saliva samples as well as in the sale and procuration of products including nutritional supplements and care products.
The contractual services of Medicross Group consist of:
a) Carrying out complementary micronutrient analyses and allergy/intolerance tests.
b) Possibly the arrangement of nutritional concepts by physicians, nonmedical practitioners, ecotrophologists or other qualified persons.
c) The procuration of individually manufactured blends of micronutrient supplements/products in the field of dietary supplements.

Medicross Group is not responsible for services provided by consultants/parties involved for whom Medicross Group is acting solely as an intermediary. In particular, these include pharmacies that manufacture blends of nutritional supplements, dietary supplements etc. The same applies to any services beyond the scope of the contractual agreement which are provided by consultants or other persons specified in § 1 b), who are directly working for the customer outside this agreement within the framework of an individually requested separate consultation. The persons working for Medicross Group or those involved in arranging the preparation of nutritional concepts, physicians, nonmedical practitioners etc. are not authorized to verbally agree on deviations from these contractual Terms and Conditions. Any additional verbal agreements to this contract between the parties must be documented in writing as evidence.

§ 2 Contractual relationship, costs, further services
a) The contractual relationship between Medicross Group and the customer is established when Medicross Group receives the customer’s order to carry out a micronutrient analysis or an intolerance test by sending a hair or saliva sample.
b) The gross price stated in the form includes the laboratory costs of the complementary analysis as well as the graphic representation of the test results. For further consultation, support and possibly formulation, additional costs are incurred. The costs for dietary supplements that have to be individually prepared for the customer by a pharmacy at the customer’s request are not part of this contract and are not included in the price.
c) Insofar as further individual consultation by physicians, nonmedical practitioners etc. takes place, which goes beyond the contractually stipulated services, separate costs are incurred, which depend on the individual service being provided. This service is then provided independently and for the account of the respective consultant from among the persons named in § 1 b), but under the professional supervision of a physician, and is not connected with the service offered by Medicross Group.

§ 3 Liability
a) The method employed by Medicross Group belongs to the field of holistic complementary medicine and provides an additional diagnostic and therapeutic option for the physician, nonmedical practitioner or other persons mentioned in § 1.
b) Any liability for an incorrect test result and for erroneous advice is excluded. Exempt from the limitations of liability, exclusions of liability and exclusions of liability for damages is the liability of Medicross Group for intent and fraudulent intent. The limitations and exclusions of liability do not apply to the liability of Medicross Group for damages resulting from injury to life, limb or health due to an intentional or negligent breach of duty by Medicross Group. Furthermore, the limitations and exclusions of liability do not apply to the liability of Medicross Group for other damages resulting from an intentional or grossly negligent breach of duty by Medicross Group. An intentional or grossly negligent breach of duty by Medicross Group is deemed equivalent to an intentional or grossly negligent breach of duty by a legal representative, agent or the persons mentioned in § 1 b).

§ 4 Data storage and data security
a) The customer agrees that their personal and health-related data provided by them may be stored by Medicross Group, but only to the extent that the data storage is required for the processing of the analysis and the arrangement of the nutritional concept by physicians, nonmedical practitioners or the persons mentioned in § 1 b).
b) The collected data will be stored and processed in accordance with the German Bundesdatenschutzgesetz (BDSG, federal data protection act).
c) Medicross Group has the right—which can be revoked at any time—to send its own advertising mailings to the addresses provided by the customer, in particular the e-mail addresses of the customer.
d) Medicross Group guarantees the customer that customer data and addresses will not be shared with other companies for advertising or other purposes. Excluded from the foregoing is the transfer of data to any consultants and particularly pharmacies possibly involved for the purpose of advising or manufacturing blends of micronutrient supplements/products.
e) Medicross Group guarantees the customer absolute discretion, which applies in particular to personal information provided by the customer when ordering a micronutrient analysis.
f) The customer has the right to information at any time regarding which data Medicross Group has stored about them.
g) The customer receives their results by email to the provided email address.

§ 5 Copyright
All indicated and published texts, graphics and scripts of Medicross Group are protected by copyright and must not be further used or passed on, in whole or in part, without the written permission of Medicross Group. Medicross Group reserves the right to assert claims for damages in the event of non-compliance with copyrights.

§ 6 No right of revocation
The customer is expressly informed that the customer does not have a statutory right of revocation, as all contractual services are individually tailored to and created for the customer. A contractual right of revocation and return has not been agreed.

§ 7 Place of jurisdiction
The sole place of jurisdiction is Kempten (Allgäu), Germany.

§ 8 Severability clause
If a provision of these Terms and Conditions and/or the contract is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any of the remaining provisions. The ineffective provision shall be replaced by an effective provision that comes as close as possible to the purpose of the agreement, to which the parties would have agreed upon to achieve the same economic result if they had been aware of the ineffectiveness of the provision. The same applies correspondingly to any incompleteness of provisions and/or the contract.

Lindau, August 2018