V. Rights of the Data Subject
Should your personal data be processed, you are a Data Subject in the sense of GDPR, and you have the following rights in relation to the Controller.
1. Right of Access
You have the right to obtain from the Controller confirmation as to whether or not personal data concerning you are being processed by us.
If such processing is taking place, you have the right to obtain the following information from the Controller:
(1) the purpose of the processing of personal data;
(2) the categories of personal data concerned;
(3) the recipients or categories of recipient to whom the personal data have been or will be disclosed;
(4) the envisaged period for which the personal data will be stored, or, if definite statements to this effect are not possible, the criteria used to determine that period;
(5) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) where the personal data are not collected from the data subject, any available information as to their source;
(8) the existence of automated decision-making, including profiling, referred to in GDPR Article 22 (1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the Data Subject.
You have the right to obtain information about whether personal data concerning you have been or will be transferred to a third country or an international organisation. In this regard, you have the right to be informed of the appropriate safeguards pursuant to GDPR Article 46 relating to the transfer.
2. Right to Rectification
You have the right to obtain from the Controller the rectification and/or completion of inaccurate or incomplete personal data concerning you. The Controller must rectify the data without delay.
3. Right to Restriction of Processing
You have the right to obtain from the Controller restriction of processing where one of the following applies:
(1) 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 opposes the erasure of the personal data, requesting instead the restriction of their use;
(3) the Controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
(4) you have objected to processing pursuant to GDPR Article 21(1) pending the verification whether the legitimate grounds of the Controller override your own.
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent 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 European Union or of a Member State.
Where processing has been restricted in line with the conditions above, you shall be informed by the Controller before the restriction of processing 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 has 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 withdraw the consent on which the processing is based according to point of GDPR Article 6 (1) (a) or Article 9 (2) (a), and there is no other legal ground for the processing;
(3) you object to the processing pursuant to GDPR Article 21 (1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to GDPR Article 21 (2);
(4) the personal data concerning you have been unlawfully processed;
(5) the personal data have to be erased for compliance with a legal obligation in European Union or Member State law to which the Controller is subject;
(6) the personal data have been collected in relation to the offer of information society services referred to in GDPR Article 8(1).
b) Information issued to third parties
Where the Controller has made the personal data public and is obliged pursuant to GDPR Article 17 (1) 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 you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
Exceptions
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 European 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 GDPR Article 9 (2) (h) & (i) as well as Article 9 (3);
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with GDPR Article 89 (1) 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;
(5) for the establishment, exercise or defence of legal claims.
5. Right of Notification
Where you have exercised your right to rectification, erasure or restriction of processing, the Controller shall communicate this to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be notified of 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. Furthermore, you have the right to transmit those data to another controller without hindrance from the Controller to which the personal data have been provided, where:
(1) the processing is based on consent pursuant to GDPR Article 6 (1) (a) or Article 9 (2) (a) or on a contract pursuant to Article 6 (1) (b); and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This must 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 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 GDPR Article 6 (1) (e) or (f).
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 defence of legal claims.
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 Consent to Data Processing
You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. 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.
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 GDPR Article 78.
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