Privacy Notice for Users of the Learning Management System
LifeNet Health informs you in this privacy notice how personal data are processed by the company and which rights are granted by the privacy law in that context. Individual personal data and the extent of processing depend on the content of the contractual relationship. Therefore, not all components of this privacy notice are applicable.
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Data Controller
The company:
LifeNet Health, 1864 Concert Drive, Virginia Beach, VA 23453, USA
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Data Protection Commissioner
Contact information:
Darrell Jessee, CFO
darrell_jessee@lifenethealth.org
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Processed Data and its Origin
LifeNet Health processes personal data received and/or collected from data subjects within the context of a contractual relationship, i.e., your participation in the Learning Management System. LifeNet Health processes personal data from publicly available sources as far as it is necessary and permitted for the purposes of the contractual relationship. LifeNet Health also processes personal data lawfully transmitted by third parties, e.g., indications of illegal activities or sanctions lists.
Personal data processed by LifeNet Health in this context consist of personal details (name, email, job title, preferred language, organization, learning group EU/OS, status, trainings completed, certificates received, skills acquired, badges earned, results in training courses).
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Processing Purposes and Legal Foundations
Personal Data are processed by LifeNet Health in compliance with the European General Data Protection Regulation (GDPR) and the local data protection law in your country based on the following legal foundations:
1st Fulfilment of a Contract (Article 6 (1)(b) GDPR)
The processing of personal data concerns the decision regarding the establishment of a contractual relationship for its execution or termination or as far as precontractual arrangements are made upon your request. The contractual relationship here is your participation in LifeNet Health’s Learning Management System
2nd Within the Context of Balancing of Interest (Article 6 (a)(f) GDPR in conjunction with Article 88 GDPR and § 26 (1) and (3d) BDSG)
Beyond the actual fulfilment of the contract, data is processed as far as is necessary to safeguard our legitimate interests or the legitimate interests of third parties if your interests do not prevail;
for example:
- Assertion or defense of legal claims and in connection with legal disputes
- Prevention and detection of criminal offence
3rd Based on your Consent (Article 6 (1)(a) GDPR)
Consent to certain processing of personal data, e.g., newsletter dispatch, is lawfully processed based on your consent. You may withdraw the consent given at any point in time with effect for the future. As withdrawal of consent takes effect for the future, it does not affect the validity of the processing until the time of withdrawal.
4th Legal or Statutory Requirements (Article 6 (1)(c) GDPR) or in the public interest (Article 6 (1)(e) GDPR)
Several legal obligations apply to LifeNet Health. These include, inter alia, identity check, age verification, prevention of fraud and money laundering, the fulfillment of fiscal monitoring and reporting obligations.
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Data Recipients
Units which require personal data for fulfilment of contractual and legal obligations will be granted access. Likewise, service providers and vicarious agents employed by LifeNet Health may access your data to that end so long as they respect the confidentiality and integrity of the data. These include IT service companies, logistics companies, print service providers, telecommunication companies, consulting as well as distribution and marketing companies.
LifeNet Health will only transfer personal data to recipients outside of our company if and to the extent to which it is required, taking the applicable privacy laws into consideration. LifeNet Health, in principle, is only allowed to transfer personal information, if required to do so by statutory provisions, you consented to or are authorized to provide;
for example:
- Tax authorities
- Public authorities and institutions for legal or administrative obligation
- Service providers employed in the framework of data processing
Personal data can be transmitted to recipients to which consent has been given. The same applies to units to which LifeNet Health is allowed to transmit personal data due to a balancing of interests.
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Transmission of Data to Non-Member Countries or International Organizations
LifeNet Health is in the United States of America, personal data will be stored and processed in the United States of America.
Personal data will be transmitted to units in countries outside of the European Union (non- member countries);
as far as:
- it is prescribed by law
- your consent has been obtained
- to safeguard our legitimate interests and if your interests and fundamental rights and freedoms for the protection of personal data do not prevail and if it complies with the data protection levels of the European Union.
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Retention Period of Personal Data
LifeNet Health will only retain or process personal data as far as it is necessary to fulfil the respective purpose.
If the purpose for the processing no longer exists, the respective personal data will be deleted. The deletion can be postponed in the following cases:
- Fulfilment of legal retention periods
- Preservation of evidence within the legal limitation rules
If LifeNet Health or a third party process data according to the balancing of interests mentioned above, personal data will be deleted as soon as legitimate interest ceases to exist. The exceptions mentioned above apply.
In case of consent, data will be deleted as soon as consent is withdrawn for the future. The exceptions mentioned above apply.
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Rights of the Data Subject
Pursuant to Article 15 GDPR every data subject has a right of access. Pursuant to Article 16 GDPR the data subject may request the correction of incorrect personal data.
Pursuant to Article 17 GDPR the data subject has the right of erasure or pursuant to Article 18 a right to limit the processing, respectively.
Pursuant to Article 20 GDPR the data subject has a right to data portability.
Pursuant to Article 21 GDPR, the data subject may object to the processing of personal data pertaining to them.
Pursuant to Article 77 GDPR, you have the right of complaint before the competent data protection authorities.
Consent may be withdrawn at any point in time.
To assert these rights, please contact:
LifeNet Health: BioSciences Learning Center
Learning Management System
email: blc@lifenethealth.org
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Obligation to Provide Personal Data
You are obliged, within the context of the existing contractual relationship, to provide the personal data which are necessary to assume, execute and terminate the contractual relationship and to perform the contractual obligations related thereto or for the collection of which LifeNet Health is legally required.
LifeNet Health may not be able to accept or perform the contractual relationship if you do not provide the required information and documentation.
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Automated Decision Making
Pursuant to Article 22 GDPR, you are not subjected to a decision based on automated processing to establish, execute or terminate a contractual relationship. If such procedures are used on an individual basis, you will be informed, and your rights associated with it to the extent permitted by law.
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Profiling
Data are partly processed automatically to assess certain personal aspects (Profiling); for example, to update user profiles, the data displayed will be evaluated.
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Right of Objection Pursuant to Article 21 GDPR
1. Individual Right of Objection
You have the right, for reasons resulting from your specific situation to object to the processing of your personal data which is carried out based on Article 6 (1)(e) (data processing in the public interest) or (f) (data processing based on balancing of interests); this applies likewise to Profiling based on these provisions.
Upon objection, LifeNet Health will no longer process your personal data. It will only be otherwise if a compelling legitimate reason for the processing which outweigh your interests, rights and freedoms cane be determined or if the processing serves the purpose to assert, execute or defend legal rights.
2. Addressee of the Objection
An Objection is not subject to any condition as to form and should be addressed containing the subject line “Objection” and your name, address and date of birth to:
LifeNet Health: Biosciences Learning Center
Learning Management System
email: blclms@lifenethealth.org