If your personal data is processed, you are the data subject within the meaning of the GDPR and you are entitled to the following rights in relation to the data controller:
8.1 Right of access to information
You can request confirmation from the data controller as to whether personal data concerning you is being processed by us.
In the event of such processing, you may request the following information from the data controller:
- The purposes for which the personal data are 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 of storage of the personal data relating to you or, if not possible to give specific details, criteria used to determine that period;
- The existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the data controller or a right to object to such processing;
- The right to lodge a complaint with a supervisory authority;
- any available information on the source of the data, if the personal data is not collected from the data subject;
- The existence of automated decision-making, including profiling, referred to in Art. 22 para. 1 and 4 GDPR and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.
8.2 Right of rectification
You have the right to ask the data controller to rectify and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the rectification without delay.
8.3 Right to restrict processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
- If you contest the accuracy of the personal data concerning you for a period enabling the data 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;
- The data controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defence of legal claims, or
- If you have objected to processing pursuant to Art. 21 para. 1 GDPR and it has not yet been established whether the legitimate grounds given by the data controller override your grounds.
Where the processing of personal data relating to you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence legal claims or for the protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the data controller before the restriction of processing is lifted.
8.4 Right of erasure
8.4.1 Obligation to erase
You may obtain from the data controller the erasure of the personal data concerning you without undue delay and the data controller has the obligation to erase such data without undue delay where 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 withdraw your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal ground for the processing.
- You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
- The personal data concerning you has been unlawfully processed.
- your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the data controller is subject.
- The personal data concerning you have been collected in relation to the offer information society services referred to in Art. 8 para. 1 GDPR.
8.4.2 Information provision to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 para. 1 GDPR to erase it, he, taking account of available technology and the costs of implementation, shall take reasonable steps, including technical measures, to inform data controllers which are processing the personal data, that you, as a data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right of erasure 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 by Union or Member State law to which the data 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 points (h) and (i) of Art. 9 para. 2 GDPR as well as Art. 9 para. 3 GDPR;
- For the establishment, exercise or defence of legal claims.
8.5 Right to information
If you have asserted the right to rectify, erase or restrict the processing vis-à-vis the data controller, the data controller is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the data controller.
8.6 Right to data transferability
You have the right to receive the personal data concerning you, which you have provided to the data controller, in a structured, commonly used and machine-readable format. Furthermore, you have the right to have this data communicated to another person in charge without interference from the data controller to whom the personal data has been made available, provided that
- The processing is based on a consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
- The processing is carried out automated means.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one data controller to another, as far as this is technically feasible. The freedoms and rights of other persons may not be impaired thereby.
The right to data transferability shall not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
8.7 Right to object
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The data controller shall no longer process the personal data concerning you, unless he 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 personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the 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, the personal data concerning you will no longer be processed for such purposes.
You may exercise your right of objection in context of the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.
8.8 Right to withdraw the declaration of consent under data protection law
You have the right to withdraw your data protection declaration of consent at any time. Withdrawal of consent shall not affect the lawfulness of the processing based on consent before its withdrawal.
8.9 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 shall not apply if the decision
- Is necessary for entering into, or performance of, a contract between you and the data 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 you explicit consent.
However, these decisions shall not be based on special categories of personal data referred to in Art. 9 para. 1 GDPR, unless point a or g of Art. 9 para. 2 GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
With regard to the former and the latter, the data controller shall 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 your point of view and to contest the decision.
8.10 Right of 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 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 to 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 GDPR.