Rights of the user (affected persons)
If your personal data is processed, you are a data subject within the meaning of the GDPR. As the person responsible for data protection, you have the following rights in relation to us:
(1) Right to information
You can request confirmation from us as to whether personal data concerning you is being processed by us. If such processing has taken place, you can request information from the person responsible about the following information:
1. the purposes for which the personal data are processed
2. the categories of personal data which are processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
4. the planned duration of the storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
5. the existence of a right to rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to the processing of personal data concerning you;
6. the existence of a right of appeal to a supervisory authority;
7. any available information as to the origin of the data if the personal data are not collected from the data subject;
8. the existence of automated decision-making, including profiling, in accordance with Art. 22, paragraphs 1 and 4 GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you are being transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.
(2) Right of rectification
You have the right to ask us to correct and/or complete any personal data processed concerning you if it is incorrect or incomplete. We must make the correction without delay.
(3) Right to limit processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
if you dispute the accuracy of the personal data concerning you, for a period of time that allows us to verify the accuracy of the personal data;
if the processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data;
if we no longer need the personal data for the purposes of the processing, but you need the personal data to assert, exercise or defend legal claims; or
if you have lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether our legitimate interests outweigh your interests worthy of protection. If the processing of personal data relating to you has been restricted, such data – apart from being stored – may only be processed with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State. If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.
(4) Right of deletion
You can demand that the personal data concerning you be deleted immediately if one of the following reasons applies:
1. the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
2. you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a GDPR and there is no other legal basis for the processing.
3. you object to the processing in accordance with Art. 21 Para. 1 GDPR and there are no overriding legitimate interests for the processing, or you object to the processing in accordance with Art. 21 Para. 2 GDPR.
4. the personal data concerning you have been processed unlawfully.
5. the deletion of personal data concerning you is necessary to comply with a legal obligation under European Union law or the law of a Member State to which we are subject.
6. the personal data concerning you has been collected in relation to the information society services offered, in accordance with art. 8, paragraph 1 of the GDPR. If we have made the personal data concerning you public and we are obliged to delete the published data pursuant to Art. 17 para. 1 GDPR or the aforementioned clause, we shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.
The right of cancellation does not apply insofar as the processing is necessary
1. to exercise the right to freedom of expression and information
2. to comply with a legal obligation requiring processing under the law of the Union or of a Member State to which we are subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in us
3. to assert, exercise or defend legal claims.
(5) Right to information
If you have asserted the right to rectification, deletion or limitation of processing against us, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, deletion or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
(6) Right to data transferability
You have the right to receive the personal data concerning you that you have provided us in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge, without hindrance from us, provided that
the processing is based on a consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and
the processing is carried out using automated procedures. In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this. The right to data transferability does not apply to the processing of personal data 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 of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out pursuant to art. 6, paragraph 1, letter e or f of the GDPR; this also applies to profiling based on these provisions. We will no longer process the personal data concerning you unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is related to such direct marketing. If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes. You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures involving technical specifications.
(8) Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.
(9) Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision
1. is necessary for the conclusion or performance of a contract between you and us
2. is permissible under the law of the Union or of a Member State to which we are subject and that law provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
3. with your express consent.
However, these decisions may not be based on special categories of personal data according to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases mentioned in point 18.9.1 nos. 1 and 3 (cf. art. 22 para. 2 lit. a. and c. GDPR), we will take appropriate measures to protect your rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the responsible person, to present your own point of view and to contest the decision.
(10) Right to appeal to 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 in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the DPA. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and the results of the complaint, including the possibility of a legal remedy under Art. 78 GDPR.
