5     Rights of the data subject

If your personal data is processed, you are affected within the meaning of the GDPR and you have the following rights vis-à-vis the data controller:

5.1   Right to Information

You can ask the data controller to confirm whether personal data concerning are processed by us.

If such processing has taken place, you can request the following information from the data controller:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;

(4) 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;

(5) the existence of a right to have the personal data concerning you rectificated or deleted, a right to have processing restricted by the 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 are not collected from the data subject;

(8) the existence of automated decision-making, including profiling in accordance with Art. 22 para. 1 and 4 GDPR 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 are 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 transmission.

5.2   Right to rectification

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

5.3   Right to Limitation of Processing

You may request that the processing of personal data concerning you be restricted under the following circumstances:

(1) if you dispute the accuracy of your personal data for a period of time that enables the data controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse the deletion of the personal data and instead request that the use of the personal data be restricted;

(3) the data controller no longer needs the personal data for the purposes of processing, but you do need it to assert, exercise, or defend legal claims; or

(4) if you have filed an objection to the processing in accordance with Art. 21 Para. 1 of GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of your personal data 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 European Union or a member state.

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

5.4   Right to deletion

a) Deletion obligation

You may request the data controller to delete your personal data without delay, and the data controller is obliged to delete these data without delay if one of the following reasons applies:

(1) Your personal data are no longer required for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based in accordance with Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a of GDPR, and there is no other legal basis for the processing.

(3) You file an objection against the processing in accordance with Art. 21 Para. 1 of GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing in accordance with Art. 21 Para. 2 of GDPR.

(4) Your personal data have been processed unlawfully.

(5) The deletion of your personal data is required to fulfill a legal obligation under European Union law or the law of the member states to which the data controller is subject.

(6) Your personal data has been collected in relation to information society services offered in accordance with Art. 8 Para. 1 of GDPR.

b) Information to third parties

If the data controller has made your personal data public and is obliged to delete them in accordance with Art. 17 Para. 1 of GDPR, he/she shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those 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.

c) Exceptions

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

(1) to exercise freedom of expression and information;

(2) to fulfill a legal obligation required for processing under the law of the European Union or of member states to which the data controller is subject or to carry out a task in the public interest or in the exercise of official authority conferred on the data controller;

(3) for reasons of public interest in the area of public health in accordance with  Art. 9 Para. 2 lit. h and iArt. 9 Para. 3 of GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes in accordance with Art. 89 Para. 1 of GDPR, insofar as the law referred to under section a) is likely to render impossible or seriously impair the attainment of the objectives of such processing; or

(5) to assert, exercise, or defend legal claims.

5.5   Right to be informed

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

You have the right to be informed by the data controller about such recipients.

5.6   Right of data transferability

You have the right to receive the personal data concerning you that you provided to the data controller in a structured, common, and machine-readable format. In addition, you have the right to pass this data on to another data controller without obstruction by the data controller to whom the personal data was made available, provided that:

(1) processing is based on consent in accordance with Art. 6 Para. 1 lit. a DSGVO or Art. 9 Para. 2 lit. a of GDPR, or on a contract in accordance with Art. 6 Abs. 1 lit. b of GDPR, and

(2) processing is carried out using automated methods.

In exercising this right, you also have the right to request that your personal data 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 data transferability shall not apply to the processing of personal data required for the performance of a task in the public interest or in the exercise of an official authorization conferred on the data controller.

5.7   Right of objection

You have the right to file an objection at any time, for reasons arising from your particular situation, to the processing of your personal data in accordance with Art. 6 Para. 1 lit. e or f of GDPR; this also applies to profiling based on these provisions.

The data controller shall no longer processes your personal data unless he/she can prove compelling and legitimate grounds for processing, which outweigh your interests, rights, and freedoms or the processing serves to assert, exercise, or defend legal claims.

If your personal data is processed for direct marketing purposes, you have the right to file an objection at any time to the processing of your personal data for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing.

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

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

5.8   Right to revoke the data protection declaration of consent

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 processing carried out on the basis of the consent until revocation.

5.9   Automated decision-making in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effects against you or significantly impairs you in a similar manner. This is not the case if the decision

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

(2) is admissible under European Union legislation or that of the member states to which the data controller is subject and where such legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or

(3) is made with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 of GDPR, unless  Art. 9 Para. 2 lit. a or g 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 data controller 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 data controller, to state his/her own position, and to challenge the decision.

5.10  Right of appeal to a supervisory authority

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, your place of work, or the location of the suspected infringement, if you believe that the processing of your personal data is contrary to the GDPR.

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 Art. 78 GDPR.