VIII. Rights of the data subject
1. Right of access
You may request a confirmation from the controller whether we process your personal data.
If the data is indeed being processed, you may request the following information from the controller:
(1) purposes for which the personal data is being processed;
(2) categories of personal data being processed;
(3) recipients or categories of recipients to whom the relevant personal data was disclosed or is to be disclosed;
(4) planned duration of storage of the personal data or, if it is not possible to provide specific information, criteria for determining the storage duration;
(5) existence of the right to rectification or deletion of your personal data, the right to restrict processing of the data by the controller or the right to object against such processing;
(6) existence of the right to lodge a complaint with a supervisory authority;
(7) all available information about the origin of the data if the personal data was not collected from the data subject directly;
(8) automated decision-finding including profiling as per Art. 22 Para. 1 and 4 GDPR and - in most cases - significant information about the logic involved as well as the importance and the anticipated consequences of such processing for the data subject.
You have the right to request information about the fact whether your personal data is being transferred to a third country or to an international organization. In the context of transferring data, you may request to be informed about appropriate safeguards as per Art. 46 GDPR.
2. Right to rectification
You have the right to rectification and/or completion towards the controller if the personal data being processed is incorrect or incomplete. The controller must undertake the rectification immediately.
3. Right to restriction of processing
You may request a restriction of processing of your personal data under the following conditions:
(1) if you contest the accuracy of the personal data for a period enabling the controller to verify the accuracy of the personal data
(2) the processing is unlawful, and you oppose the erasure of the personal data and request the restriction of its use instead
(3) the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defense of legal claims, or
(4) if you have objected to processing pursuant to Article 21 Para. 1 GDPR pending the verification whether the legitimate grounds of the controller override your grounds.
Where processing of your personal data has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense 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 processing has been restricted as specified by the above requirements, you shall be informed by the controller before the restriction of processing is lifted.
4. Right to erasure
a) Erasure obligations
You have the right to obtain from the controller the erasure of your personal data without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
(3) you object to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Para. 2 GDPR.
(4) the personal data has been unlawfully processed.
(5) the personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(6) the personal data has been collected in relation to the offer of information society services referred to in Art. 8 Para. 1 GDPR.
b) Information to third parties
Where the controller has made the personal data public and is obliged pursuant to Art. 17 Para. 1 GDPR to erase the personal data, 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 the data subject have requested the erasure by such controllers of any links to, or copy or replication of, the personal data.
The right to erasure shall not apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information
(2) 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
(3) for reasons of public interest in public health in accordance with Art. 9 Para. 2 lit. h and Art. 9 Para. 3 GDPR
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art, 89 Para. GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defense of legal claims.
5. Right to information
If you have asserted the right to rectification, erasure or restriction of the processing to the controller, the controller shall be obligated to inform all recipients to whom the personal data was provided of this correction or erasure of the data or the restriction of processing, unless it is impossible or associated with unreasonable efforts.
You have the right towards the controller to be informed about such recipients.
6. Right to data portability
You have the right to receive the personal data 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 which the personal data has been provided, where:
(1) the processing is based on consent pursuant to Art. 6 Para. 1 lit. a (a) GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract pursuant to Art. 6 Para. 1 lit. b GDPR, and
(2) the processing is carried out by automated means.
In exercising this right to data portability, you shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.
The right to data portability 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.
7. Right to object
You shall have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on Art. 6 Para. 1 lit. e or f GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Where personal data is processed for direct marketing purposes, you shall have the right to object at any time to processing of your personal data 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, your personal data 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.
8. Right to withdraw the data protection consent declaration
You have the right to withdraw your data protection consent declaration at any time. The withdrawal of the consent shall not affect the processing carried out until the withdrawal of the consent.
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 for you or similarly significantly affects you. This shall not apply if the decision
(1) is necessary for entering into, or performance of, a contract between yourself and the controller
(2) is authorized 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
(3) is based on your explicit consent.
Decisions referred to in Art. 9 Para. 2 lit. a or g GDPR shall not be based on special categories of personal data referred to in Art. 9 Para. 2 lit. a unless Art. 9 Para. 2 lit. a or g GDPR apply and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in points (1) and (3), 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.
10. Right to lodge a complaint with a supervisory authority
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 your personal data infringes this Regulation.
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 Article 78 GDPR.