§ 10 Rights of the subject
If your personal data is processed, you are the subject within the meaning of the DSGVO and you have the following rights:
1. Right to information
You may request confirmation from us as to whether personal data concerning you will be processed by us.
If such processing exists, you can request information from us about the following information:
(1) the purposes for which the personal data will be processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal information about you has been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if this is not possible, criteria for determining the storage duration;
(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by us or a right to object to this processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the origin of the data, if the personal data is not collected from the subject;
(8) 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 will be 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 transfer.
2. Right to rectification
You have a right of rectification and/or integration with us if the personal data processed concerning you is inaccurate or incomplete. We must carry out the rectification immediately.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of the personal data relating to you for a period of time that allows us to verify the accuracy of the personal data;
(2) if the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
(3) if we no longer need the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims, or
(4) if you have lodged an objection against the processing pursuant to § 21, 1 DSGVO and it has not yet been determined whether the legitimate reasons to which we are entitled outweigh your reasons.
Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.
If the processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.
4. Right to deletion
a) Deletion obligation
You may request us to delete your personal information immediately and we are required to delete that information immediately for any of the following reasons:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke the consent on which the processing was based pursuant to § 6, 1a) or § 9, 2a) DSGVO, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to § 21, 1 DSGVO and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to § 21, 2 DSGVO.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to § 8, 1 DSGVO.
b) Information to third parties
If we have made the personal data concerning you public and if we are obliged to delete them in accordance with § 17, 1 DSGVO, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you as the data subject have requested them to delete all links to this personal data or copies or replications of this personal data.
The right to deletion does not exist if the processing is necessary
(1) on the exercise of freedom of expression and of information;
(2) to fulfil a legal obligation required by the law of the Union or of the Member States to which we are subject, or to perform a task in the public interest or in the exercise of official authority vested in us;
(3) on grounds of public interest in the field of public health pursuant to § 9, 2h and i and § 9, 3 DSGVO;
(4) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to § 89, 1 DSGVO, insofar as the law referred to under section a) presumably makes it impossible or seriously impairs the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised the right to correction, deletion or limitation of processing against us, we are obliged to notify all recipients to whom the personal data concerning you has been disclosed of this correction, deletion or limitation of processing, unless this proves impossible or involves disproportionate effort.
You shall have the right to be informed of such recipients.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another responsible person without hindrance, provided that
(1) the processing is based on a consent pursuant to § 6, 1a) DSGVO or § 9, 2a) DSGVO or on a contract pursuant to § 6, 1b) DSGVO and
(2) processing is carried out using automated procedures.
In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by us to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data transfer 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 entrusted to us.
7. Right of objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of § 6, 1e) or f) DSGVO; this also applies to profiling based on these provisions.
We will then no longer process the personal data concerning you unless we can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
If the personal data concerning you is processed for the purpose of direct advertising, 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 to the extent that it is connected with such direct advertising.
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 relation to the use of Information Society services – notwithstanding Directive 2002/58/EC – 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 revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.
9. Automated decision in individual cases including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on 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 us,
(2) is permitted by the laws of the Union or of the Member States to which we are subject and those laws contain adequate measures to safeguard your rights and freedoms and your legitimate interests, or
(3) is made with your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to § 9, 1 DSGVO, unless § 9, 2a) or g) applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With respect to the cases referred to in (1) and (3) above, we shall take reasonable steps to safeguard your rights and freedoms and your legitimate interests.
10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State where you reside, at your place of work or at the place where the alleged infringement is alleged, if you consider that the processing of your personal data is in breach of the DSGVO.
The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.