XII. Rights of the data subject

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 data controller:

1. Right to information

You may request confirmation from the data controller as to whether personal data relating to you is being processed by us.

If such data is being processed, you can request information from the data controller about the following:

(1) the purposes for which the personal data is being processed;

(2) the categories of personal data that is being processed;

(3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;

(4) the planned storage period of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage duration;

(5) the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted by the data controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information on the origin of the data if the personal data is not collected from the data subject;

(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on 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 about the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.

2. Right of rectification

You have a right of rectification and/or completion vis-à-vis the data controller if the processed personal data concerning you is inaccurate or incomplete. The data controller shall make the correction without delay.

3. Right to restrict processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) 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;

(2) the processing is unlawful and you refuse to erase the personal data and instead request restricted use of the personal data;

(3) the data controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims, or

(4) if you have objected to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the data controller outweigh your grounds.

Where the processing of personal data relating to you has been restricted, the data may be processed – with the exception of its storage – only 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 substantial public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.

4. Right to erasure

1. Obligation to delete

You may request the data controller to erase the personal data concerning you without delay, and the data controller is obliged to erase this data without delay, if one of the following reasons applies:

(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.

(2) You revoke your consent on which the processing was based pursuant to Article 6(1) a or Article 9(2)(a) GDPR and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.

(4) The personal data concerning you has been processed unlawfully.

(5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law governing the data controller.

(6) The personal data concerning you was collected in relation to information society services offered pursuant to Article 8(1) GDPR.

2. Information to third parties

If the data controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) GDPR, it shall take reasonable measures (including technical measures and under consideration of the available technology and the cost of implementation) to notify data controllers processing the personal data that you – as the data subject – have requested that they erase all links to, or copies or replications of, that personal data.

3. Exceptions

The right to erasure does not exist, insofar as the processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) for compliance with a legal obligation, which requires processing under Union or Member State law governing the data controller, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;

(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or

(5) for the assertion, exercise or defence of legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the data controller, the data controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you has been disclosed, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the data controller.

1. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another data controller without hindrance from the data controller to whom the personal data was transferred, provided that

(1) the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and

(2) the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, as long as this is technically feasible. The freedoms and rights of other persons must not be affected by this request.

The right to data portability does not apply to 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 data controller.

6. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you that is carried out on the basis of Article 6(1)(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 it can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object to the processing of personal data concerning you at any time for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.

7. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

8. 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 produces legal consequences for you or similarly significantly affects you. This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the data controller,

(2) is authorised by legislation of the Union or the Member States governing the data controller and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or

(3) is done with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) GDPR, unless Article 9(2)(a) or (g) GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at least the right to obtain the intervention of a person by the data controller, the right to express one’s own position and the right to contest the decision.

9. Right to complain 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 residence, place of work or the place of the alleged infringement, if you believe that the processing of personal data concerning you violates the GDPR.

The supervisory authority to which the complaint was sent must notify the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.