(a) Right to confirmation
Every data subject has the right, as granted by the European legislator, to request confirmation from the data controller as to whether personal data relating to them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact a member of staff of the controller at any time.
b) Right of access
Every data subject affected by the processing of personal data has the right, as granted by the European legislator, to obtain from the controller, free of charge, at any time, information about the personal data stored concerning them and a copy of that information. Furthermore, the European legislator has granted the data subject the right to receive the following information:
- the purposes of the processing
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular where recipients are in third countries or are international organisations
- where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
- the existence of a right to rectification or erasure of personal data concerning them, or to restriction of processing by the controller, or a right to object to such processing
- the existence of a right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject: All available information regarding the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and — at least in such cases — meaningful information regarding the logic involved, as well as the scope and intended consequences of such processing for the data subject
Furthermore, the data subject has the right to be informed as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject is also entitled to receive information about the appropriate safeguards in connection with the transfer.
Should a data subject wish to exercise this right of access, they may contact a member of staff of the data controller at any time.
c) Right to rectification
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request that incomplete personal data be completed — including by means of a supplementary statement — taking into account the purposes of the processing.
Should a data subject wish to exercise this right to rectification, they may contact a member of staff of the data controller at any time.
d) Right to erasure (right to be forgotten)
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to request that the controller erase personal data relating to them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary:
- The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws their consent on which the processing was based in accordance with Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing in accordance with Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2) of the GDPR.
- The personal data has been processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Article 8(1) of the GDPR.
If any of the above grounds apply and a data subject wishes to request the erasure of personal data stored by CUSTOMER, they may contact a member of staff of the data controller at any time. The CUSTOMER’s member of staff will ensure that the request for erasure is complied with without delay.
If the personal data has been made public by the CUSTOMER and our company, as the data controller, is obliged to erase the personal data in accordance with Article 17(1) of the GDPR, CUSTOMER shall take appropriate measures, including technical measures, taking into account the available technology and the costs of implementation, to ensure that other data controllers processing the published personal data that the data subject has requested that these other data controllers delete all links to such personal data, or copies or replicas thereof, insofar as the processing is not necessary. The CUSTOMER’s employee shall take the necessary steps on a case-by-case basis.
e) Right to restriction of processing
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to request that the controller restrict processing if one of the following conditions is met:
- The data subject disputes the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful; the data subject objects to the erasure of the personal data and instead requests the restriction of the use of the personal data.
- The controller no longer requires the personal data for the purposes of the processing, but the data subject requires it to establish, exercise or defend legal claims.
- The data subject has objected to the processing in accordance with Article 21(1) of the GDPR, and it has not yet been established whether the controller’s legitimate grounds override those of the data subject.
If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by CUSTOMER, they may contact a member of staff of the data controller at any time. The CUSTOMER’s staff member will arrange for the processing to be restricted.
f) Right to data portability
Any data subject affected by the processing of personal data has the right, as granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data portability under Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another controller, in so far as this is technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact a member of staff at KUNDE at any time.
g) Right to object
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, to object at any time to the processing of personal data concerning them carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, KUNDE shall no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing is necessary for the establishment, exercise or defence of legal claims.
Where the CUSTOMER processes personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purposes of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to the CUSTOMER regarding processing for the purposes of direct marketing, the CUSTOMER will no longer process the personal data for these purposes.
Furthermore, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them which is carried out by the CLIENT for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact any member of staff at KUNDE or another member of staff directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications.
h) Automated individual decision-making, including profiling
Any data subject whose personal data is being processed has the right, as granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests; or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is made with the data subject’s explicit consent, the CUSTOMER shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include, at a minimum, the right to request human intervention on the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decision-making, they may contact a member of staff of the data controller at any time.
i) Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right, granted by the European legislator (directives and regulations), to withdraw their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact a member of staff of the data controller at any time.