(1) Revocation of consent
If the processing of personal data is based on a granted consent, you have the right to revoke this consent at any time. Revocation of consent does not affect the lawfulness of the processing that has taken place on the basis of the consent until revocation. You can contact us at any time to exercise your right of revocation.
(2) Right of confirmation
You have the right to request confirmation from the data controller as to whether we are processing personal data concerning you. You may request such confirmation at any time by contacting us at the contact details given above.
(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:
a. the processing purposes;
b. the categories of personal data processed;
c. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
d. if possible, the envisaged duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
e. the existence of a right of rectification or erasure of personal data concerning you or of a right of opposition to or limitation of the processing by the controller;
f. the existence of a right of appeal to a supervisory authority;
g. if the personal data are not collected from the data subject, all available information on the origin of the data;
h. the existence of automated decision-making, including profiling, in accordance with Article 22 paragraphs 1 and 4 Federal Data Protection Act FADP, and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
If personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate guarantees in accordance with Article 46 FADP in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any further copies that you personally request, we may charge you a reasonable fee based on the administrative costs. If you make the request electronically, the information shall be provided in a standard electronic format, unless the request states otherwise. The right to receive a copy under paragraph 3 shall not prejudice the rights and freedoms of others.
(4) Right of rectification
You have the right to ask us to correct incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to ask for the completion of incomplete personal data, including by means of a supplementary declaration.
(5) Right of deletion (“right to be forgotten”)
You have the right to request the controller to delete personal data relating to you immediately and we are obliged to delete personal data immediately if one of the following reasons applies:
a. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) FADP, and there is no other legal basis for the processing.
c. The data subject objects to the processing pursuant to Article 21(1) of the DPA and there are no legitimate overriding reasons for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the FADP.
d. The personal data were processed unlawfully.
e. The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
f. The personal data has been collected in relation to information society services offered in accordance with Article 8 paragraph 1 of the DPA.
Where the controller has made the personal data public and is obliged to delete them pursuant to paragraph 1, he shall take reasonable measures, including technical measures, taking into account available technology and implementation costs, to inform data controllers who process the personal data that a data subject has requested them to delete all links to, or copies or replications of, those personal data.
The right of deletion (“right to be forgotten”) does not apply insofar as the processing is necessary:
– on the exercise of the right to freedom of expression and information;
– to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject or to carry out 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 field of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) DPA;
– for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Article 89 paragraph 1 DPA, insofar as the law referred to in paragraph 1 is likely to render impossible or seriously harm the attainment of the objectives of such processing, or
– to assert, exercise or defend legal claims.
(6) Right to restrict processing
You have the right to ask us to limit the processing of your personal data if one of the following conditions is met:.
a. The accuracy of the personal data is disputed by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data,
b. The processing is unlawful and the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data;
c. The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his rights; or
d. The data subject has lodged an objection to the processing pursuant to Article 21 paragraph 1 DPA, as long as it has not been established that the legitimate reasons of the controller outweigh those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data, apart from being stored, shall only be processed with the consent of the data subject or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
In order to exercise the right to limit the processing, the data subject may at any time contact us at the contact details given above.
(7) Right to data transferability
You have the right to receive the personal data concerning you that you have provided us with in a structured, common and machine-readable format and you have the right to have such data communicated to another controller without interference from the controller to whom the personal data was provided, provided that:.
a. The processing is based on a consent pursuant to Article 6 paragraph 1 letter a. or Article 9 paragraph 2 letter a. or on a contract pursuant to Article 6 paragraph 1 letter b DPA, and
b. The processing is carried out using automated procedures.
When exercising the right to transfer data in accordance with paragraph 1, you have the right to obtain that the personal data be transferred directly from one controller to another controller, as far as technically feasible. Exercising the right to data transferability shall 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 of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out pursuant to Article 6(1)(e) or (f) DPA, including profiling based on these provisions. The controller shall stop processing the personal data unless he can demonstrate compelling legitimate reasons for processing which outweigh the interests, rights and freedoms of the data subject, or for the purpose of exercising or defending 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 personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing. If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those 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 the purposes of scientific or historical research or for statistical purposes as referred to in Article 89(1), except where such processing is necessary for the performance of a task carried out in the public interest.
You can exercise the right of objection at any time by contacting the person responsible.
(9) Automated decisions in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision is:
a. is necessary for the conclusion or performance of a contract between the data subject and the controller
b. is authorised by Union law or the law of the Member States to which the controller is subject and that law contains adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
c. with the express consent of the data subject.
The controller shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, which shall include at least the right to obtain the intervention of the controller, to express his point of view and to challenge the decision.
The data subject may exercise this right at any time by contacting the person responsible.
(10) Right of appeal to a supervisory authority
They shall also have, without prejudice to any other administrative or judicial remedy, the right to complain to a supervisory authority, in particular in the Member State in which they are resident, in their place of employment or in the place where the alleged infringement occurred, if the data subject considers that the processing of personal data relating to him or her is being carried out in breach of this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to appeal to a supervisory authority in accordance with Article 77 of the DPA, they shall have the right to an effective judicial remedy if they consider that their rights under this Regulation have been infringed as a result of their personal data being processed unlawfully.