Data Privacy
I. NAME AND ADDRESS OF THE PERSON RESPONSIBLE
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other applicable data protection regulations (“applicable data protection law”) is the:
HYKONIS GmbH
Diepholzer Straße 97
28816 Stuhr
Germany
Tel.: +49 421 378459-0
E-Mail: info@hykonis.com
Website: www.hykonis.com
The data protection officer of the controller can be reached via:
E-Mail: datenschutz@edag.com
II. GENERAL INFORMATION ON DATA PROCESSING
1. Scope and purpose of the processing of personal data
We collect and use the personal data of our users only to the extent necessary to provide a functional website and our content and services. The collection and use of our users’ personal data only takes place regularly with the user’s consent (where required by law). An exception applies in cases where it is not possible to obtain prior consent for factual reasons or where the processing of the data is permitted by other legal bases in accordance with the applicable data protection law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a EU General Data Protection Regulation (GDPR) and the analogous provisions in accordance with the applicable data protection law serve as the legal basis for the processing of personal data.
When processing personal data that is necessary for the fulfilment of a contract to which the data subject is a party, Art. 6 para. 1 sentence 1 lit. b GDPR and the analogous provisions in accordance with the applicable data protection law serve as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c GDPR and the analogous provisions in accordance with the applicable data protection law serve as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 sentence 1 lit. d GDPR and the analogous provisions under the applicable data protection law serve as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 sentence 1 lit. f GDPR and the analogous provisions in accordance with the applicable data protection law serve as the legal basis for the processing.
3. Data erasure and storage duration
The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
III. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:
(1) The user’s IP address
(2) Date and time of access
(3) Website visited
(4) Amount of data sent in bytes
(5) Source/reference from which you accessed
the page,
(6) Browser used
(7) Operating system used
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 sentence 1 lit. f GDPR and the analogous provisions in accordance with the applicable data protection law.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. The data collected is therefore used for statistical analyses and to improve the website. Your personal data (IP address) is anonymised in advance.
Data is stored in log files to ensure the functionality of the website. We also use the data to optimise the website and to ensure the security of our information technology systems. The data is not analysed for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR and the analogous provisions in accordance with the applicable data protection law.
4. Duration of storage
The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or anonymised so that it is no longer possible to identify the accessing client.
5. Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.
IV. USE OF USERCENTRICS (CONSENT MANAGEMENT)
1. Description and scope of data processing
We use the consent management service of Usercentrics GmbH, Sendlinger Str. 7, 80331 Munich (hereinafter “Usercentrics”). Our Usercentrics consent tool is played out via the Google Tag Manager. For this reason, the Google Tag Manager is activated as an essential cookie (unselectable at first level) during initial visits to our website. Only if you activate a cookie requiring consent through your express consent in our consent tool Usercentrics will the Google Tag Manager establish a connection to this cookie and the corresponding cookie will be loaded – see IV. Use of the Google Tag Manager.
When our website is accessed, the Usercentrics system automatically collects data and information from the computer system of the accessing computer. The following data is collected by or through the use of the service:
- Opt-in and opt-out data
- Referrer URL
- User Agent
- User settings
- Consent ID
- Time of consent
- Consent type
- Template version
- Banner language
2. Legal basis for data processing
The legal basis for the legal obligation for consent-requiring data processing is Art. 6 para. 1 sentence 1 lit. c GDPR and the analogous provisions of the applicable data protection law.
3. Purpose of data processing
The service is used to manage consents. This serves to comply with legal obligations, according to which data processing requiring consent may only be carried out via the website if users have given their consent. The Usercentrics service is used to store the consent obtained and to manage it. This also applies in the event that consent is withdrawn.
Usercentrics is used as a processor. We have therefore concluded a data processing agreement with Usercentrics in accordance with the legal requirements.
4. Duration of storage; possibility of objection and removal
The retention period is the period of time during which the collected data is stored for processing. The data must be deleted as soon as it is no longer required for the specified processing purposes.
The consent data (consent given and revocation of consent) will be stored for three years. The data will then be deleted immediately.
The collection and storage of data is required by law for the operation of the website. Consequently, the user has no option to object.
You can find the data protection provisions of the data processor here: https://usercentrics.com/privacy-policy/
V. USE OF COOKIES
1. Description and scope of data processing
Our website uses cookies. Cookies are data records that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
(1) The IP address of the user
(2) Date and time of access
(3) Log information
(4) Amount of data transferred
(5) Requesting domain
We also use cookies on our website that enable us to analyse the surfing behaviour of users.
The following data can be transmitted in this way:
(1) Device type, model, brand, screen resolution
(2) Operating system, versions, families
(3) Browser, version, configuration, engines, plugins, language, language code
(4) Location data
(5) Provider details
(6) Pages per visit,
(7) Entry pages, exit pages, page URL, page title, search terms, downloads
(8) Search engines, search term, websites, social networks
(9) Campaigns, campaign keyword
When accessing our website, the user is informed about the use of functional cookies as well as cookies for analysis and marketing purposes and his consent to the processing of the personal data used in this context is obtained using a cookie consent manager (Usercentrics, see point III.). In this context, reference is also made to this privacy policy.
In the Cookie Consent Manager, you will also find detailed information on how the individual cookies work, information on the duration of their function and information on whether third parties have access to these cookies. You can access the Cookie Consent Manager at any time via a corresponding button in the footer of our website.
2. Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 sentence 1 lit. f GDPR.
The legal basis for the processing of personal data using functional cookies and cookies for analysis and marketing purposes is your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR together with the analogous provisions in accordance with the applicable data protection law.
3. Purpose of data processing
We divide cookies into the following categories depending on their purpose and function:
a) Technically necessary cookies
Technically necessary cookies guarantee functions without which our website cannot be used as intended. These cookies are used exclusively by us and are therefore first party cookies. This means that all information stored in the cookies is sent back to our website. Technically necessary cookies are used, for example, to ensure that logged-in users always remain logged in when accessing various subpages of our website and therefore do not have to re-enter login data each time they access a new page.
The use of technically necessary cookies on our website is possible and permitted without consent. For this reason, technically necessary cookies cannot be deactivated or activated individually. These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. Our interest in the technically smooth provision of our website and the services offered through it prevails.
b) Functional cookies
Functional cookies enable our website to save information that has already been entered (such as registered name, language selection or the location of the user) and to offer improved and more personalised functions based on this. These cookies only collect and store data in such a way that user behaviour on other websites cannot be tracked.
c) Performance cookies
Performance cookies collect aggregated information about how our website is used in order to improve its attractiveness, content and functionality. These cookies help us to determine whether, which, how often and for how long subpages of our website are visited and what content users are particularly interested in.
These cookies do not store any information that allows the user to be identified. The information collected is aggregated and does not allow us to draw any direct conclusions about the individual person. They are used solely to compile statistics in order to tailor the content of our website more specifically to the needs of our users, improve the user experience and optimise our offering.
d) Marketing cookies
Marketing cookies originate from external advertising companies (third-party cookies) and are used to collect information about the websites visited by the user in order to create targeted advertising for the user and to display adverts based on the user’s interests. They are also used to limit the frequency with which an advert appears and to measure the effectiveness of advertising campaigns. This information can be shared with third parties, e.g. advertisers.
4. Duration of storage, objection and removal options
Cookies are stored on the user’s computer and transmitted by it to our site. As a user, you therefore have full control over the use of cookies.
You can revoke your consent to the use of cookies at any time with effect for the future. Please use one of the following options to do so:
You inform us that you wish to withdraw your consent or change your settings in our Cookie Consent Manager, which can be accessed at any time via the website.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
Cookies that have already been saved can be deleted at any time in your settings. This can also be done automatically.
You can also prevent the collection of the data generated by the respective cookie and related to your use of our websites (including your IP address) and the processing of this data by downloading and installing the plugin available for your browser.
You can also manage marketing cookies using the tools developed in many countries as part of self-regulation programmes, such as https://www.aboutads.info/choices/ (USA) or http://www.youronlinechoices.com/uk/your-ad-choices (EU).
5. Transfer of personal data
By accepting the functional cookies that go beyond the technically necessary cookies as well as cookies for analysis and advertising purposes, you also consent in accordance with Art. 49 para. 1 sentence 1 lit. a GDPR and the analogous provisions under the applicable data protection law that your data may be processed in the USA if there is no comparable level of data protection.
In this respect, there is no comparable level of data protection in the USA as in Europe if the company receiving the data is not certified in accordance with the adequacy decision between the EU and the USA, the Data Privacy Framework (DPF), which has been in force since 10 July 2023. In particular, it is possible that government agencies may access personal data without us or you being aware of this. Legal prosecution may not be successful. We transfer personal data to third countries when using cookies in this case on the basis of the EU standard contractual clauses in order to establish an equivalent level of data protection, if necessary. You can find more information here:
https://commission.europa.eu/publications/standard-contractual-clauses-international-transfers_en
Insofar as the company receiving the data is certified in accordance with the applicable adequacy decision between the EU and the USA, the Data Privacy Framework (DPF), a level of data protection equivalent to that of the EU is attested in this respect and the data processing is based on the Data Privacy Framework.
If you do not want this, click on Reject.
VI. CONTACT FORM AND E-MAIL CONTACT
1. Description and scope of data processing
A contact form is available on our website, which can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. This data is mandatory:
(1) My request
(2) E-mail address
In addition, the following data can be entered voluntarily by you:
(3) Salutation
(4) Company
(5) Surname, first name
6) Telephone no.
(7) Street, house number
(8) Postcode, town
(9) Country
(10) Your message to us
The following data is also stored at the time the message is sent:
(11) The IP address of the user
(12) Date and time of registration
Your consent is obtained for the processing of the data as part of the sending process and reference is made to this privacy policy.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 sentence 1 lit. a GDPR if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 sentence 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b GDPR.
3. Purpose of data processing
The processing of personal data from the input mask serves us to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of objection and removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
All personal data stored in the course of contacting us will be deleted in this case.
VII. WEBTRACKING
1. Description and scope of the processing of personal data
This website uses Google Analytics, a web analytics service provided by Google Inc (“Google”). This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus to analyse the activities of a user across devices.
Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will first be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area (including Switzerland). Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage.
The following data will be processed:
- The IP address of the user
- Date and time of access
- Log-in information
- Amount of data transferred
- Requesting domain
- Device type, model, brand, screen resolutions
- Operating system, versions, families
- Browser, -version, -configuration, -engines, -plugins, -language, language code
- Location data
- Provider details
- Pages per visit, number of visits, recurring visits, visit time, visit day
- Entry pages, exit pages, page URL, page title, search terms, downloads
- Search engines, search terms, websites, social networks
- Campaigns, campaign keyword
The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
2. Legal basis for the processing of personal data
If consent has been given, the legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. a GDPR and the analogous provisions in accordance with the applicable data protection law.
3. Purpose of data processing
The purpose of using the web analysis service is to be able to analyse and regularly improve the use of our website. We can use the statistics obtained to improve our offering and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, the adequacy decision between the EU and the USA, the Data Privacy Framework (DPF), has applied since 10 July 2023. The USA is certified as having an equivalent level of data protection to the EU insofar as the company receiving the data in the USA is certified in accordance with the regulations of the DPF, which is the case for Google LLC (see positive proof in the list of the US Department of Commerce).
4. Duration of storage, objection and removal options
The data sent by Google and linked to cookies, user identifiers (e.g. user ID) or advertising IDs are automatically deleted after 14 months. According to Google, data that has reached the end of its retention period is automatically deleted once a month. We would like to point out that we have no influence on the duration of storage by Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en
Opt-out cookies prevent the future collection of your data when you visit this website. To prevent Universal Analytics from collecting data across different devices, you must opt out on all systems used. If you click here, the opt-out cookie will be set: ga-optout text=”Deactivate Google Analytics”
This website uses Google Analytics with the extension “_anonymiseIp()”. This means that IP addresses are further processed in abbreviated form, so that they cannot be linked to a specific person. If the data collected about you is personally identifiable, it is immediately excluded and the personal data is deleted immediately.
5. Disclosure of personal data
Information from the third-party provider: Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland. The terms of use can be found at: www.google.com/analytics/terms/de.html; an overview of data protection can be found at: www.google.com/intl/de/analytics/learn/privacy.html, as well as the privacy policy at: www.google.de/intl/de/policies/privacy.
We have also concluded an data processing agreement with Google for this purpose.
When accepting the functional cookies that go beyond the technically necessary cookies as well as cookies for analysis and advertising purposes, we would like to point out that your data may be processed in the USA. However, since the adequacy decision between the EU and the USA, the Data Privacy Framework (DPF), which has been in force since 10 July 2023, the USA has been certified as having an equivalent level of data protection to the EU insofar as the company receiving the data in the USA is certified in accordance with the regulations of the DPF, which is the case for Google LLC (see positive proof in the list of the US Department of Commerce).
If you do not want this, click on Reject.
Google Tag Manager collection is activated.
VIII. USE OF GOOGLE WEB FONTS
1. Description and scope of data processing
We use so-called web fonts, which are provided by Google and downloaded locally to our servers, for the standardised display of fonts. The required web fonts are loaded into your browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font will be used by your computer.
No cookies are set when you access the page. There is also no direct connection to the Google servers, as the fonts are integrated locally into our website.
2. Legal basis for data processing
The legal basis for processing is Art. 6 para. 1 sentence 1 lit. f GDPR due to our legitimate interest in a standardised presentation.
3. Purpose of data processing
Google Web Fonts is a freely available library of over 800 fonts. Google Web Fonts allows us to present our website to the user in an appealing design and in the same quality across all devices. Only in this way is it technically possible for all visitors to our website to have a consistent and pleasant user experience.
This is also a legitimate interest within the meaning of Art. 6 para. 1 sentence 1 lit. f GDPR.
4. Duration of storage, possibility of objection and removal
The data is stored for as long as it is required to fulfil the purpose for which it was collected. You have the option to object to its use by changing your browser settings.
IX. USE OF FONTAWESOME
1. Description and extent of data processing
We use the Fontawesome function of Fonticons, Inc. to ensure that font types are shown consistently. This is downloaded locally to our servers and retrieved from them when the page is accessed. To this end, the required fonts and icons are loaded into your browser cache so that texts and fonts are displayed correctly. If your browser does not support Fontawesome fonts, a default font from your computer is used.
No cookies are set when you call up the page. Also, no direct connection to Fonticons’ servers is established, as the fonts are integrated locally into our website.
2. Legal basis for data processing
Due to our legitimate interest in fonts being shown consistently, Art. 6 para. 1 p. 1 point f of the GDPR is the legal basis for processing.
3. Purpose of data processing
Fontawesome is a freely available library of fonts and icons, and allows us to present our website to the user in an attractive design and in the same quality across all devices. This is the only way of making it technically possible for all visitors to our homepage to have a consistent and pleasant user experience.
This is also a legitimate interest within the meaning of Art. 6 para. 1 p. 1 point f of the GDPR.
4. Storage duration, right to object and right of elimination
Data is stored for as long as it is needed for the purpose for which it was collected. You have the option of objecting to the use by changing your browser settings.
X. USE OF THE GOOGLE TAG MANAGER
1. Description of the processing of personal data
This website uses Google Tag Manager and scope. This is a tool that allows marketers to manage their website tags via an interface. A tag manager itself, which implements the tags, is a service that can collect personal data by setting cookies. The tool triggers other tags, which in turn may collect data.
We use Google Tag Manager on two levels when you visit our website. Initially, when you access our website, Google Tag Manager is activated as an essential cookie (unselectable at first level). At this stage, however, it only serves the function of playing our cookie consent tool Usercentrics – see III. – which gives you the opportunity to decide on the activation of the various cookies used on our website. Up to this point, the web tracking functions of the Google Tag Manager are deactivated and at this stage it only serves as an administration or activation tool for Usercentrics.
Only at the second level do we manage and activate further cookies via the Google Tag Manager, which require your consent. Only if you activate a cookie requiring consent by giving your express consent in our consent tool Usercentrics will the Google Tag Manager establish a connection to this cookie and load the corresponding cookie. Until such activation, the web tracking functions of the Google Tag Manager also remain deactivated.
2. Purpose and legal basis of the processing of personal data
The purpose of using Google Tag Manager is to be able to manage third-party tags in an organised manner and also to be able to implement your selection of activated technologies accordingly. We have a legitimate interest in this, Art. 6 para. 1 sentence 1 lit. f GDPR. If you activate other services in our consent tool Usercentrics, their processing is based on your consent, Art. 6 para. 1 sentence 1 lit. a GDPR
3. Duration of storage, possibility of objection and removal
The Google Tag Manager itself triggers other tags, which in turn may collect data. The Google Tag Manager does not access this data. If deactivation has been carried out at domain or cookie level, this remains in place for all tracking tags that are implemented with Google Tag Manager. You can find more information here: https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/
When the Google Tag Manager is activated, a connection to Google is established. In this respect, we would like to point out that we have no influence on the storage of your data by Google. We have also concluded a data processing agreement with Google for this purpose.
The storage of your data also depends on the respective storage period of the tools activated by the Google Tag Manager.
You cannot activate the Google Tag Manager yourself, as it manages and plays out technologies that are essential for the operation of the website and is therefore itself an essential technology of our website.
If tools requiring consent are used by Google Tag Manager, their use can be eliminated by deactivating the respective activity.
4. Disclosure of personal data
Information from the third-party provider: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. The terms of use can be found at: www.google.com/analytics/terms/de.html; an overview of data protection can be found at: www.google.com/intl/de/analytics/learn/privacy.html, as well as the privacy policy at: www.google.de/intl/de/policies/privacy.
In this respect, we would also like to point out that we cannot rule out the transfer of data to the USA (to Google LLC based in the USA) in this context. However, since the adequacy decision between the EU and the USA, the Data Privacy Framework (DPF), which has been in force since 10 July 2023, the USA has been certified as having an equivalent level of data protection to the EU insofar as the company receiving the data in the USA is certified in accordance with the regulations of the DPF, which is the case for Google LLC (see positive proof in the list of the US Department of Commerce).
XI. RIGHTS OF THE DATA SUBJECT
If your personal data is processed, you are a data subject within the meaning of the GDPR and the analogous provisions in accordance with the applicable data protection law and you have the following rights vis-à-vis the controller:
1. Right of access
You can request confirmation from the controller as to whether personal data concerning you is being processed.
If such processing has taken place, you can request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that period
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) any available information as to the source of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4) GDPR and the analogous provisions under the applicable data protection law 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 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 safeguards pursuant to Art. 46 GDPR and the analogous provisions under the applicable data protection law in connection with the transfer.
2. Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must carry out the rectification without undue delay.
3. Right to restriction of processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you 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 their use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims, or
(4) if you have objected to processing pursuant to Art. 21 (1) GDPR and the analogous provisions under the applicable data protection law and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data – apart from its storage – may only be processed with your consent (where required by law) 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 important public interest of the Union or of a Member State.
If processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you 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 concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 sentence 1 lit. a or Art. 9 para. 2 lit. a GDPR and the analogous provisions in accordance with the applicable data protection law, and there is no other legal basis for the processing.
(3) You object to the processing in accordance with Art. 21 para. 1 GDPR and the analogous provisions in accordance with the applicable data protection law and there are no overriding legitimate grounds for the processing, or you object to the processing
in accordance with Art. 21 para. 2 GDPR and the analogous provisions in accordance with the applicable data protection law.
(4) The personal data concerning you has been processed unlawfully.
(5) 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 controller is subject.
(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR and the analogous provisions under the applicable data protection law.
b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) GDPR and the analogous provisions under the applicable data protection law 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, those personal data.
c) Exceptions
The right to erasure does not exist if the 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 the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR and the analogous provisions in accordance with the applicable
data protection
law;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR and the analogous provisions in accordance with the applicable data protection law, insofar 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 defence of legal claims.
5. Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the controller.
6. Right to data portability
You have the right to receive the personal data concerning you, which 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 sentence 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR and the analogous provisions pursuant to the applicable data protection law or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR and the analogous provisions pursuant to the applicable data protection law and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to the 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 controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of
Article 6(1) GDPR and the analogous provisions under the applicable data protection law, including profiling based on those provisions.
The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that 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 option, in connection with the use of information society services – notwithstanding Directive 2002/58/EC and the analogous provisions under the applicable data protection law – to exercise your right of objection by means of automated procedures using technical specifications.
8. 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 withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated decision-making 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 effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is authorised 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.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR and the analogous provisions pursuant to the applicable data protection law, unless Art. 9 para. 2 lit. a or g and the analogous provisions pursuant to the applicable data protection law apply and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in (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 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 personal data relating to you infringes the GDPR and the analogous provisions under the applicable data protection law.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR and the analogous provisions under the applicable data protection law.