Privacy policy for the use of video telephony

pursuant to section 14 GDPR

MÜNCHENSTIFT GmbH (MÜNCHENSTIFT) attaches the highest importance to complying with data protection regulations. We would therefore like to inform you about the collection of your personal data in connection with the use of video telephony via the WhatsApp messenger application in our care residences. As the most widely used free messenger service, the WhatsApp application has been selected on account of its reach to best fulfil our purpose.

1. Controller

Data processing is the responsibility of:

MÜNCHENSTIFT GmbH
Kirchseeoner Straße 3,
81669 Munich
+49 89 62020 300
info@muenchenstift.de 

The Controller has appointed a Data Protection Officer for the use of video telephony. They can be contacted at:

datenschutz süd GmbH
Wörthstraße 15
97082 Würzburg
+49 931 304 97 60
office@datenschutz-sued.de

We will be happy to provide you with further information on request.

2. Purpose of and legal basis for data processing

During the Covid-19 crisis, MÜNCHENSTIFT wishes to enable its residents to stay in contact with their families in particular despite lockdown and visiting restrictions imposed by the Bavarian State Ministry of Health and Care.

MÜNCHENSTIFT residences have therefore been equipped with tablets and with staff assistance can use video telephony via the WhatsApp application.

MÜNCHENSTIFT records your phone number if a resident wants to hold a video call with you.

Therefore, when you accept a video call, data processing takes place in that the image and sound data are recorded and reproduced on the end device during the call.

MÜNCHENSTIFT has a contractual relationship with its residents and offers them various services aimed at supporting residents in their everyday lives. Services include daily support and care.

Within this context, MÜNCHENSTIFT endeavours to ensure that the Covid crisis does not adversely affect the daily lives of its residents. Residents are therefore offered the opportunity to stay in contact in particular with their families with the help of video telephony despite lockdown and visiting restrictions.

In doing so, MÜNCHENSTIFT pursues its mission of ensuring the satisfaction of its residents and its positive public image. As Controller, MÜNCHENSTIFT therefore holds legitimate interests of both an ideational and economic nature.

The legal basis for such data processing is therefore section 6 (1) sentence 1, letter f) GDPR.

3. Data source

Your telephone number will be given to us by the resident who wishes to contact you. This is displayed on the MÜNCHENSTIFT end device along with an abbreviation of your name (e.g. JoSm for John Smith) in the address book.

4. Data deletion

MÜNCHENSTIFT does not store any video call data.

Your phone number will be deleted as soon as video telephony is no longer used or offered by MÜNCHENSTIFT. This is the case when the resident no longer wishes to use video telephony or when the exceptional circumstances relating to the lockdown restrictions no longer exist.

5. Confidential treatment of your data and data transmission to third countries

We shall of course treat your data confidentially and shall only transmit them to third parties if this is legally permissible or if you have consented to us doing so.

Since video telephony is offered via the WhatsApp application, in order to enable the video call WhatsApp Ireland Limited also processes the above video and audio data and your phone number. WhatsApp Ireland Limited transfers data to other Facebook companies in the United States of America and thus to a third country.

Data transfer to third countries (countries outside the EU/EEA) is subject to a legal basis being constituted for the transfer of data and to the existence of an adequate level of data protection.

The legal basis for data transfer is section 6 (1) sentence 1, letter f) GDPR.

Due to the design of the WhatsApp messenger, implementation of the specified ideational and economic interests of MÜNCHENSTIFT and its residents with regard to their wide-ranging use of video telephony via WhatsApp is only possible via data transmission.

Facebook companies ensure an adequate level of data protection through Privacy Shield certification (section 45 (1) sentence 1 GDPR) of Facebook Inc.

6. Data subject rights

As a data subject, you have the right to information about the personal data that concerns you, as well as to the correction or deletion of incorrect data, provided that one of the reasons cited in section 17 GDPR is constituted, such as the data are no longer required for the purposes pursued. You also hold the right to restrict processing if any of the preconditions set out in section 18 GDPR apply and, in cases of section 20 GDPR, the right to data transfer. If data are collected on the basis of section 6 (1), sentence 1, letter f), the data subject has the right to object to the processing at any time for reasons relating to their particular situation. In this case, we shall no longer process your personal data unless we can demonstrate compelling reasons for processing that override the interests, rights and freedoms of the data subject, or unless processing serves the assertion, exercise or defence of legal claims.

Any data subject has the right to complain to the supervisory authority if they consider that the processing of their personal data breaches data protection regulations. The responsible supervisory authority is:

Bayerisches Landesamt für Datenschutzaufsicht
Promenade 18
91504 Ansbach (Postfach 13 49)
+49 981 531300
poststelle@lda.bayern.de

Version: April 2020