Rights of the Data Subject
(1) Withdrawal of consent
If the processing of personal data is based on a given consent, you have the right to withdraw the consent at any time. The withdrawal of consent does not affect the legality of the processing carried out on the basis of consent until withdrawal.
You can contact us at any time to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request confirmation at any time using the above contact details.
(3) Right of access
If personal data are processed, you can request information about these personal data and about the following information at any time:
- the processing purposes;
- the categories of personal data to be processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- if possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria for determining such duration;
- the existence of a right to have personal data concerning you rectified or erased or to have the processing limited by the controller or to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to the source of the data;
- the existence of automated decision-making, including profiling, in accordance with Article 22(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.
Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards in accordance with Article 46 GDPR in relation to the transfer. We will provide a copy of the personal data subject to the processing. For any further copies you request, we may charge a reasonable fee based on the administrative costs. If you submit the application electronically, the information must be made available in a common electronic format, unless otherwise stated. The right to receive a copy in accordance with paragraph 3 shall not affect the rights and freedoms of any other person.
(4) Right to rectification
You have the right to obtain from us immediately the correction of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.
(5) Right to erasure („Right to be forgotten“)
You have the right to obtain from the data controller the deletion of personal data concerning you immediately and we are obligated to delete personal data immediately if any of the following reasons apply:
- Personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing was based according to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- The personal data have been unlawfully processed.
- The erasure of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services according to Article 8(1) GDPR.
Where the controller has made the personal data public and is obliged to erase them in accordance with paragraph 1, he or she shall take reasonable measures, including technical measures, to inform controllers processing the personal data that a data subject has requested them to erase all links to or copies or replications of those personal data, taking into account available technology and implementation costs.
The right to erasure (“right to be forgotten”) does not exist insofar as the processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
- on grounds of public interest in the field of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in the public interest in accordance with Article 89(1) of the GDPR, insofar as the law referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of such processing, or
- for the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if one of the following conditions applies:
- the accuracy of the personal data is contested by the data subject for a period which enables the controller to verify the accuracy of the personal data,
- the processing is unlawful and the data subject opposes the erasure of the personal data and instead requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the assertion, exercise or defence of legal claims; or
- the data subject has objected to the processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted according to the above conditions, such personal data shall, with the exception of storage, only be processed with the consent of the data subject or for the establishment, exercise or defence of legal claims or 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.
In order to exercise the right to restrict processing, the data subject may contact us at any time at the contact details given above.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit such data to another controller without hindrance from the controller to whom the personal data has been provided, where
- the processing is based on a consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR, and
- the processing is carried out using automated procedures.
When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transferred directly from one controller to another controller, insofar as this is technically feasible. The exercise of the right to data transfer does not affect the right to erasure (“right to be forgotten”). This right shall not apply to 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.
(8) Right to object
You have the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you carried out pursuant to Article 6(1)(e) or (f) of the GDPR, including profiling based on these provisions. The controller will no longer process the personal data unless he or she can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such advertising, including profiling in so far as it is linked to such direct marketing. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these 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 means of automated procedures using technical specifications.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1), unless such processing is necessary for the performance of a task in the public interest.
You may exercise your right to object at any time by contacting the controller.
(9) Automated individual decision-making, including profiling
You have the right not to be subject to any 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 entering into or performance of a contract between the data subject and the controller,
- is authorised by Union or Member State law to which the data controller is subject and which also lays down suitable measures to safeguard the rights and freedoms and the legitimate interests of the data subject; or
- is made with the explicit consent of the data subject.
The controller shall implement appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express his or her views and to contest the decision.
The data subject may exercise this right at any time by contacting the controller.
(10) Right to lodge a complaint with a supervisory autority
You shall also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if the data subject considers that the processing of his personal data infringes this regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority under Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this regulation have been infringed as a result of a processing of your personal data that is not in accordance with this regulation.