X. Rights of data subjects (users)

If we process your personal data, you are considered a data subject under the terms of the GDPR. As a data subject, you have the following rights in dealing with the responsible entity:

1. Right of access

The data subject shall have the right to obtain from the controller (responsible entity) confirmation as to whether or not personal data concerning him or her is being processed.
Where that is the case, you have the right of access to the following information:

(1) the purposes of the processing;
(2) the categories of personal data concerned;
(3) the recipients or categories of recipient to whom the personal data has been or will be disclosed;
(4) the envisaged period for which the personal data will be stored, or, if 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 is not collected from the data subject, any available information as to their source;
(8) the right of access to information whether personal data is transferred to a third country or an international organization. Where personal data is transferred to a third country or to an international organization, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

2. Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification or completion of inaccurate or incomplete personal data concerning him or her.

3. Right to restriction of processing
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

(1) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defense of legal claims;
(4) the data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defense 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.

A data subject who has obtained restriction of processing pursuant to the conditions stated above shall be informed by the controller before the restriction of processing is lifted.

4. Right to erasure

a) Obligation to erase
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her 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 is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
(2) the data subject withdraws consent on which the processing is based pursuant to Article 6 (1a) or Article 9 (2a) GDPR and where there is no other legal ground for the processing;
(3) the data subject objects to the processing pursuant to Article 21 (1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR;
(4) the personal data have been unlawfully processed;
(5) the personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(6) personal data has been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.

b) Information to third parties
Where the controller has made the personal data public and is obliged pursuant to Art. 17 (1) GDPR 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 the data subject has requested the erasure by such controllers of any links to, or copy or replication of, the personal data.

c) 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 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 pursuant to Article 9 (2h) and (2i) as well as Article 9 (3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defense of legal claims.

5. Notification obligation
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17 (1) and Article 18 GDPR to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort.
The controller shall inform the data subject about those recipients if the data subject requests it.

6. Right to data portability
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and 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 Article 6 (1a) or Article 9 (2a) or on a contract pursuant to Article 6 (1b) GDPR; and
(2) the processing is carried out by automated means.
In exercising his or her right to data portability, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This right shall not adversely affect the rights and freedoms of others.
That right 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
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Article 6 (1e) or (1f) GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
Where personal data is processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

8. Right to withdraw informed consent
The data subject shall have the right to withdraw his or her 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, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her 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 Art. 78 GDPR.