If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
a) Right
of access You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
In the event of such processing, you may request the Controller to provide the following information:
- the purposes for which the personal data is processed;
- the categories of personal data that are processed;
- the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
- the planned period of storage of personal data concerning you or, if specific information is not possible, criteria for determining the storage period;
- the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the Controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- all available information about the origin of the data, if the personal data is not collected from the data subject;
- the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is being transferred to a third country or to an international organisation. In this context, you can request to be informed about the appropriate safeguards in accordance with Art. 46 GDPR in connection with the transfer.
b) Right to rectification
You have the right to rectification and/or completion vis-à-vis the Data Controller if the personal data processed concerning you is inaccurate or incomplete. The controller must make the correction without delay.
c) Right to restriction of processing
You can request the restriction of the processing of personal data concerning you under the following conditions:
- if you contest the accuracy of the personal data concerning you for a period of time that allows the controller to verify the accuracy of the personal data;
- 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;
- the controller no longer needs the personal data for the purposes of the processing, but you need them to establish, exercise or defend legal claims, or
- if you have objected to the processing in accordance with Art. 21 (1) GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.
Where the processing of personal data concerning you has been restricted, such data may 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 has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
d) Right to erasure
aa) You
may request that the controller erase the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay if one of the following grounds applies:
- The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
- You revoke your consent on which the processing was based in accordance with Art. 6 (1) (a) or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
- You object to the processing in accordance with Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Art. 21 (2) GDPR.
- The personal data concerning you has been unlawfully processed.
- The erasure of personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data concerning you was collected in relation to the information society services offered in accordance with Art. 8 para. 1 GDPR.
bb) Information to third parties
If the controller has made the personal data concerning you public and is obliged to delete them in accordance with Article 17 (1) GDPR, it shall take appropriate measures, including technical measures, taking into account the available technology and the costs of implementation, to inform the data controllers who process the personal data that you, as the data subject, wish to be deleted by them of any links to, or copies or replications of, such personal data.
cc) Exceptions
The right to erasure does not exist if the processing is necessary
- to exercise the right to freedom of expression and information;
- to comply with a legal obligation requiring processing under Union or Member State law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the field of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the purposes of this processing, or
- to assert, exercise or defend legal claims.
e) Right to information
If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.
You have the right to be informed about these recipients vis-à-vis the controller.
f) Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that:
- the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR, and
- the processing is carried out by automated means.
In exercising this right, you also have the right to obtain that the personal data concerning you is transferred directly from one controller to another controller, to the extent that this is technically feasible. The freedoms and rights of other persons must not be impaired by this.
The right to data portability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
g) Right
to object You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out on the basis of Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is related to such direct advertising.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object to the use of information society services by means of automated procedures using technical specifications.
h) Right to revoke the declaration of consent under data protection lawYou have the right to revoke your declaration of consent under data protection law at any time.
The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent before the revocation.
i) 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 necessary for the conclusion or performance of a contract between you and the controller,
- is permitted by Union or Member State legislation to which the controller is subject, and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests, or
- with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) (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 first and last of the above-mentioned cases, the Controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including, at a minimum, the right to obtain the intervention of a person from the Controller, to express its own point of view and to challenge the decision.
j) 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 residence, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint was lodged informs the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
