PRIVICY POLICY

Data subjects whose personal data are processed have the following rights with regard to the personal data concerning themselves vis-à-vis the controller named above:

1. Right of Access

At your request, the controller will confirm whether personal data concerning you are processed by us. If we perform such processing, you can demand access from the controller concerning the following information:

(1) the categories of personal data that are processed;

(2) the purposes for which the personal data are processed;

(3) the recipient/the categories of recipient to whom the personal data have been or will be disclosed;

(4) the envisaged period of storage of the personal data concerning you or at least, if specific information cannot be given, the criteria used to determine the storage period;

(5) the existence of the right to rectification or erasure of personal data, the right to restriction of processing by the controller or the right to object to this processing;

(6) all available information as to the source of the data where the personal data are not collected from the data subject;

(7) the existence of a right to lodge a complaint with a supervisory authority;

(8) the existence of automated decision-making, including profiling (Articles 22(1) and (4) GDPR) and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You also have the right to receive information on the extent to which personal data concerning you are transferred to a third country (or to an international organization). In this context, you can demand to be informed of appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

2. Right to Rectification

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The rectification is to be undertaken without undue delay.

3. Right to Restriction of Processing

You can demand a restriction of the processing of personal data concerning you if

(1) you contest the accuracy of the personal data concerning you, for a period enabling the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of the personal data instead;

(3) the controller no longer requires the personal data for the purposes of the processing, but you require these for the establishment, exercise or defence of legal claims, or

(4) you objected against the processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.

Where the processing of the personal data concerning you has been restricted, these data may – with the exception of their storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing was obtained pursuant to the requirements stated above, you will be informed by the controller before the restriction is lifted.

4. Right to Erasure

a) Erasure Obligation

You can demand from the controller that the personal data concerning you is erased without undue delay, and the controller is obliged to erase this data without undue delay where one of the following grounds applies:

(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

(2) You withdraw your consent on which the processing pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR was based, and there is no other legal ground for the processing.

(3) You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.

(4) The personal data concerning you have been unlawfully processed.

(5) The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State to which the controller is subject

(6) The personal data concerning you have been collected in relation to the offer of information society services pursuant to Article 8(1) GDPR.

b) Information to Third Parties

Where the controller has made the personal data concerning you public and is obliged to erase the data pursuant to Article 17(1) GDPR, the controller, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions

The right to erasure does not exist to the extent as processing is necessary

(1) for exercising the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) as well as Article 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR to the extent that the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5) for the establishment, exercise or defence of legal claims.

5. Right of Information

If you have established the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obligated to communicate this rectification or erasure of the data or the restriction of processing to all receivers to whom the personal data concerning you were disclosed unless this proves to be impossible or to involve disproportionate effort. You have the right vis-à-vis the controller to be informed about these receivers.
Ihnen steht gegenüber dem Verantwortlichen das Recht zu, über diese Empfänger unterrichtet zu werden.

6. Right to Data Portability

Sie haben das Recht, die Sie betreffenden personenbezogenen Daten, die Sie dem Verantwortlichen bereitgestellt haben, in einem strukturierten, gängigen und maschinenlesbaren Format zu erhalten. Außerdem haben Sie das Recht diese Daten einem anderen Verantwortlichen ohne Behinderung durch den Verantwortlichen, dem die personenbezogenen Daten bereitgestellt wurden, zu übermitteln, sofern

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. Moreover, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

(1) the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and
(2) the processing is carried out by automated means

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The rights and freedoms of others shall not be adversely affected through this.
The right to data portability does not apply to personal data processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to Object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data you which is based on Article 6(1)(e) or (f), including profiling based on those provisions.
The controller no longer processes the personal data concerning you unless the controller can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data you which is based on Article 6(1)(e) or (f), including profiling based on those provisions. The controller no longer processes the personal data concerning you unless the controller can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, your personal data are no longer processed for such purposes. In the context of the use of information society services – notwithstanding Directive 2002/58/EC – you have the possibility to exercise your right to object by automated means using technical specifications.
Sie haben die Möglichkeit, im Zusammenhang mit der Nutzung von Diensten der Informationsgesellschaft – ungeachtet der Richtlinie 2002/58/EG – Ihr Widerspruchsrecht mittels automatisierter Verfahren auszuüben, bei denen technische Spezifikationen verwendet werden.

8. Right to Withdrawal of Consent in Terms of Data Protection Law

You have the right to withdraw your consent in terms of data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated Individual Decision-Making Including Profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision is

(1) necessary for entering into, or performance of, a contract between you and the controller;

(2) authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

(3) based on your explicit consent.

However, these decisions may not be based on special categories of personal data referred to in Article 9(1) GDPR, unless Article 9(2)(a) or (g) GDPR applies and suitable measures to your rights and freedoms and legitimate interests are in place.
In the cases referred to in points (1) and (3), the data controller will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

10. Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.