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Rechte als betroffene Person 2018-05-23T15:18:39+00:00

Details of your rights as the person concerned

Right to information (Art. 15 DSGVO)

You may request confirmation as to whether any personal data concerning you will be processed by us. If such processing has taken place, you can request the following information from the person responsible:

the purposes for which the personal data are processed;
the categories of personal data processed;
the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
the existence of a right to have your personal data concerning you corrected or deleted, a right to have processing restricted by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
any available information on the origin of the data if the personal data are not collected from the data subject;
the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) DSGVO and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the 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 DSGVO in connection with the transmission.

This right to information may be limited to the extent that it is likely to make it impossible or seriously impair the realisation of research or statistical purposes and the limitation is necessary for the fulfilment of research or statistical purposes.

Right to correction (Article 16 DSGVO)

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

Your right to correction may be limited to the extent that it is likely to render impossible or seriously prejudicial the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

Right to cancellation (“Right to oblivion”) (Art. 17 DSGVO)

deletion duty

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

The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO, and there is no other legal basis for the processing.
You file an objection against the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 DSGVO.
The personal data concerning you have been processed unlawfully.
The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
The personal data concerning you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.

Information to third parties

If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 DSGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

Exemptions

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

to exercise freedom of expression and information;
for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to under a) is likely to render impossible or seriously impair the attainment of the objectives of such processing, or
to assert, exercise or defend legal claims.
Right to limitation of processing (Art. 18 DSGVO)

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

if you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to verify the accuracy of the personal data;
the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
the controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
if you have filed an objection to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights 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.

If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

Next section only for data processing for scientific, historical or statistical research purposes:
Your right to limitation of processing may be limited to the extent that it is likely to render impossible or seriously prejudicial the achievement of research or statistical purposes and the restriction is necessary for the fulfilment of research or statistical purposes.

Right to information (Art. 19 DSGVO)

If you have exercised your right to have the data controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

The person responsible shall have the right to be informed of such recipients.

Right to data transferability (Art. 20 DSGVO)

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and processing is carried out using automated methods.
In exercising this right, you also have the right to obtain that the personal data relating to you be used by the company for the purpose of the processing.

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, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

Right of objection (Art. 21 DSGVO)

You have the right to object at any time to the processing of your personal data based on Article 6(1)(e) or (f) of the DSGVO for reasons arising from your particular situation, including profiling based on these provisions, unless you can prove compelling grounds for processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
You also have the right to object to the processing of personal data concerning you for reasons arising from your particular situation, for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO.Your right of objection may be limited to the extent that it is likely to make it impossible or seriously impair the realisation of research or statistical purposes and the restriction is necessary for the fulfilment of research or statistical purposes.

Right to revoke the data protection declaration of consent (Art. 7 para. 3)

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

Automated decision in individual cases including profiling (Art. 22 DSGVO)

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision is necessary for the conclusion or performance of a contract between you and the person responsible, is admissible by law of the Union or of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights, freedoms and legitimate interests, or with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.

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

In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.

Right of appeal to a supervisory authority (Art. 77 DSGVO)

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or suspect of infringement, if you believe that the processing of personal data concerning you is contrary to the DSGVO.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.