Rights of the data subject
If your personal data are processed, then you are a data subject within the meaning of the EU GDPR and you shall have the following rights vis-à-vis the controller:
Right of access (art. 15 EU GDPR)
You shall have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed by us.
And where that is the case you may demand from the controller information about the following:
- The purposes for which the personal data are being processed;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
- the envisaged period for which the personal data concerning you will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of the personal data concerning you or restriction of processing of the personal data concerning you or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling referred to in Art. 22 (1) and (4) EU 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 shall have a right to be informed whether the personal data concerning you are transferred to a third country or to an international organization. In this connection you are entitled to be informed of the appropriate safeguards pursuant to Art. 46 EU GDPR relating to the transfer.
This right to be informed may be restricted insofar as it is likely that it makes the realization of the research or statistical purposes impossible or seriously interferes with them and the limitation is required for complying with the research and statistical purposes.
Right to rectification (art. 16 EU GDPR)
You shall have the right to obtain from the controller rectification and/or completion if the processed personal data concerning you are inaccurate or incomplete. The controller shall rectify such data without undue delay.
Your right to rectification may be restricted insofar as it is likely that it makes the realization of the research or statistical purposes impossible or seriously interferes with them, and the restriction is required for complying with the research and statistical purposes.
Right to restriction of processing (art. 18 EU GDPR)
Subject to the following requirements you may request restriction of the processing of the personal data concerning you:
- If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
- if the processing is unlawful and if you oppose the erasure of the personal data and request the restriction of their use instead;
- if the controller no longer needs the personal data for the purposes of processing, but if you need them for the establishment, exercise or defence of legal claims; or
- if you have objected to processing pursuant to Art. 21 (1) EU GDPR pending the verification whether the legitimate grounds of the controller override yours.
If the processing of the personal data concerning you has been restricted, then such data – apart from their storage – may only be processed subject to your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another individual or legal entity or for reasons of an important public interest in the Union or a member state.
If the restriction of the processing was restricted pursuant to the above-mentioned requirements, you will be informed by the controller before such restriction is removed.
Your right to restriction of the processing may be restricted insofar as it is likely that it renders the realization of the research or statistical purposes impossible or seriously interferes with them, and the restriction is required for complying with the research and statistical purposes.
Right to erasure / “Right to be forgotten” (art. 17 EU GDPR)
Obligation to erase
You shall have the right to request the controller to erase the personal data concerning you without undue delay. The controller shall be obliged to erase such data without undue delay where one of the following grounds applies:
- The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- You withdraw your consent on which the processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) EU GDPR, and there is no other legal ground for the processing.
- You object to the processing pursuant to Art. 21 (1) EU GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) EU GDPR.
- The personal data concerning you have been unlawfully processed.
- The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) EU GDPR.
Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) EU GDPR to erase them, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
Exceptions
The right to erasure shall not apply to the extent that the processing is necessary for exercising the right of freedom of expression and information:
- 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;
- for reasons of public interest in the area of public health in accordance with Art. 9 (2) (h) and (i) as well as Art. 9 (3) EU GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) EU GDPR insofar as the right referred to in lit. a) is likely to render impossible or seriously impair the achievement of the objectives of that processing;
- for the establishment, exercise or defence of legal claims.
Right to be informed
If you have asserted the right to rectification, erasure or restriction of the processing vis-à-vis the controller, the latter shall be obliged to notify all recipients, to whom the personal data concerning you have been disclosed, of that rectification or erasure of the data or restriction of processing unless this proves to be impossible or is connected with unreasonable efforts.
You shall have the right vis-à-vis the controller to be informed about these recipients.
Right to data portability (art. 20 EU GDPR)
You shall have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. Furthermore, you shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where
- the processing is based on consent pursuant to Art. 6 (1) (a) EU GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) EU GDPR; and
- the processing is carried out by automated means.
In exercising this right you shall have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. Freedoms and rights of other persons shall not be adversely affected hereby.
The right to data portability shall not apply to processing of personal data necessary for a task carried out in the public interest or in the exercise of public authority vested in the controller.
Right to object (art. 21 EU GDPR)
You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1) (e) or (f) EU GDPR; this shall also apply to a profiling based on this provision. The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing purposes, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data concerning you are processed for scientific or historical research or statistical purposes pursuant to Art. 89 (1) EU GDPR, you, on grounds relating to your particular situation, shall also have the right to object to processing of personal data concerning you. Your right to object may be restricted insofar as it is likely that it renders the realization of the research or statistical purposes impossible or seriously impairs them, and the limitation is required for complying with the research or statistical purposes.
Right to withdraw the data privacy declaration of consent (art. 7 (3) sentence 1 EU GDPR)
You shall have the right to withdraw and revoke your data privacy declaration of consent at any time with effect for the future. The withdrawal and revocation of consent shall not affect the lawfulness of processing based on consent before its withdrawal and revocation. You may withdraw and revoke your consent as follows: The relevant information is included in the appropriate consent form. As a rule, an informal notification by email is sufficient.
Automated individual decision-making, including profiling (art. 22 EU GDPR)
You shall 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 shall not apply if the decision:
- is necessary for entering into, or performance of a contract between you and the controller;
- is 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
- is based on your explicit consent.
However, these decisions must not be based on particular categories of personal data pursuant to Art. 9 (1) EU GDPR unless Art. 9 (2) (a) or (g) EU GDPR applies and reasonable measures have been taken to protect your rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in points (1) and (3) the controller shall implement reasonable measures to safeguard your rights and freedoms as well as legitimate interests, at least, the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
Right to lodge a complaint with a supervisory authority (art. 77 EU GDPR)
Without prejudice to any other administrative or judicial remedy, you shall 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 EU GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 EU GDPR.