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Privacy Notice

Privacy Policy

I. Name and address of the responsible party

The responsible party, as set out by the General Data Protection Regulation and other national data protection laws and provisions is:

Battery-Kutter GmbH & Co. KG, Poppenbütteler Bogen 17c, 22399 Hamburg, Germany

Website: www.battery-kutter.de

 

II. Name address of the data protection officer

The data protection officer of the responsible party is:

Herr Thomas Lowien 
Battery-Kutter GmbH & Co. KG, Poppenbütteler Bogen 17c, 22399 Hamburg, Germany
Tel.: 040/6116310
Email: datenschutz@battery-kutter.de 
Websites: www.battery-kutter.de and www.sun-battery.de

 

III. General information about data processing

1. How personal data is processed

We only process our website users’ personal data in order to optimise the content and functionality of our website. We only use our users’ personal data with their explicit consent. However, in circumstances where consent from users cannot be obtained, we will collect data where legally permissible. 

We cannot take any responsibility for how website providers process your data with regard to any websites that we link to on www.battery-kutter.de or www.sun-battery.de. We recommend that you view the privacy policies on those websites.

2. Legal basis for processing personal data

Providing that we have gained consent from the person concerned, then letter a of Art. 6 Para. 1 of the EU General Data Protection Regulation (GDPR) applies.

Where we need to process data to comply with a legal contract to which the data subject is the party concerned, letter b of Art. 6 Para. 1 of the GDPR is the legal basis. This also applies to taking steps to enter into a contract. 

Where data processing is necessary to comply with a legal obligation to which the company is subject, letter c of Art. 6 Para. 1 of the GDPR serves as a legal basis.

Where data usage is required to protect the legal interests of our company or third party – insofar as this does not outweigh the interests, basic rights and freedoms of the person concerned – then letter f of Art. 6 Para. 1 of the GDPR serves as a legal basis.

3. Data erasure and storage period

A person’s personal data will be deleted or blocked once the data is no longer needed for the purpose it was stored. Data may also be stored in order to comply with EU or national union legislation, laws or any other regulations to which the responsible party is subject. Unless data needs to be stored to prepare a contract, conclude a contract or fulfil a contract, it will be deleted or blocked once the storage period specified in the aforementioned regulations expires. 

 

IV. Website access and creation of log files

1. What kind of data is processed and to what extent?

Every time our website is accessed, our system automatically collects data and information from the computer system of the computer gaining access. This includes the following information:

o Information about the browser software and the version being used
o The user’s operating system
o The user’s internet service provider
o The user’s IP address
o The date and time of the visit
o The websites that the user’s system used to arrive at our website 
o The websites from which the user accessed our website
o Client data requests
o The http-status-code

The data is stored in the log files of our system. The data is not stored together with personal data relating to the user.


2. Legal basis for data usage

The legal basis for temporary data storage and log files is letter f of Art. 6 Para. 1 of the GDPR.

3. Purpose of data usage

We need to store the user’s IP address temporarily to display the website on the user’s computer. The IP address must be stored for the duration of the session. 

Log files are stored in order to ensure the website functions properly. The data also helps us optimise our website and guarantee the security of our IT systems. Data collected in this way is not analysed and employed for any marketing purposes.

We have a legitimate interest to process data for these purposes as per letter f of Art. 6 Para. 1 of the GDPR.

4. Storage period

The data will be deleted as soon as they are no longer required for the purpose that they were stored for. In the case of data collected in order to display the website, it will be deleted once the session has ended. 
For data collected in log files, it will be deleted within seven days at the latest. In certain cases the data to be stored for longer than this, but the user’s IP address will be deleted or transformed so that it can no longer be associated with the person visiting the website. 

5. Right to objection/erasure

The collection of data for the provision of the website and the storage of the data in log files is essential for the website’s operation. Here, therefore, the user has no right to object.


V. Use of cookies

1. What are cookies and how is the data processed

Our website uses cookies, which are text files stored by the user’s internet browser or placed on the user’s computer by their internet browser. In this way, cookies can be stored on the user’s operating system when the user visits a webpage. The cookie contains a unique sequence of characters that identifies the browser the next time it visits the website. There are “session cookies” that are only stored for the duration of the session, which are deleted directly afterwards, and there are “permanent cookies” that are stored once the session has ended (after the browser has been closed).
We use cookies to optimise our website and make it as user-friendly as possible. Some areas of our website need to identify a browser when it travels from one webpage to another. Cookies store and send the following information: 

o Language settings (permanent cookie)
o Items in the shopping cart (permanent cookie)
o Login details (permanent cookie)
o Via the contact form: company, name, address, sex, telephone number (permanent cookie)

Our website also uses cookies that allow us to analyse the user’s behaviour (tracking cookies). We receive the following information:

o Search terms typed in
o Frequency of webpage visits
o Use of various site functions

User data collected in this way is pseudonymised by technical precautions so that it cannot be associated with the user. The data is not saved in conjunction with other data concerning him or her. When visiting our website, the user is informed that cookies will be used for the purpose of analysis, and they will be asked for their consent for their data to be processed. At the same time, users are advised to read this privacy policy.


2. Legal basis for data processing

The legal basis for processing personal data through cookies required for technical reasons is letter f of Art. 6 Para. 1 of the GDPR. The legal basis for processing data – via cookies that provide analysis – with the user’s prior consent is letter a of Art. 6 Para. 1 of the GDPR.

3. Purpose of data usage

The purpose of using technically necessary cookies is to make the website more user-friendly. The website will have limited functionality if cookies are not enabled. For example, they are needed to ensure that a browser will be recognised once it migrates to a different webpage. We need to employ cookies for the following applications:

o Shopping cart (permanent cookie)
o Keeping language settings (permanent cookie)
o Remembering search terms (permanent cookie)

Data collected by cookies performing a necessary technical task is not used to create user profiles.
Analysis cookies are deployed to improve the quality of our website and its contents. Analysis cookies provide information about how the website is used so that we can continually improve the service we provide.
One of the principal purposes of analysis cookies is to provide you with a customised experience that saves you time. The cookies’ task is to inform the server when you want to return to a specific page. For example, when you return to a product website (i.e. a website containing product information, but which is not an online shop) you have previously visited, cookies enable us to recall the information that you typed in on your last visit. This means that you can conveniently use features that you have already tailored to your requirements.

We maintain a legitimate interest to process personal data for these purposes in accordance with letter f of Art. 6 Para. 1 of the GDPR.


4. Storage period, right of objection/erasure

Cookies are stored permanently on the user’s computer, and then passed onto our website. This means that as a user you have complete control over how cookies work. By changing your browser settings, you can prevent cookies from operating or limit their scope of functionality. Cookies that have already been stored can be deleted at any time, with the option of making sure this happens automatically. If you deactivate cookies for our website, you may not be able to enjoy its full functionality. 


VI. Newsletter

1. What data is processed and to what extent

You can sign up to a free newsletter on our website. When you sign up, we receive the following information:

o Email address
o Date and time of registration
o IP address


During the registration process, we ask for your consent to store and process this information and you will be directed to read our privacy policy.

In processing your data to send you newsletters, it will not be passed on to third parties. It will only be used to send you the newsletter.

2. Legal basis for data processing

The legal basis for processing data after a user subscribes to the newsletter on our website is subject to the user’s consent in accordance with letter a of Art. 6 Para. 1 of the GDPR.

3. Purpose of data processing

The user’s email address is stored so that the newsletter can be delivered.

4. Storage period

The data is deleted as soon as it is no longer required for the purpose it was collected. In this case, the user’s email address will be saved for as long as their newsletter subscription is still active. Further storage of the email address may be required after the user has unsubscribed in order to comply with contractual or legal obligations, or to prove that consent has been gathered. In any eventuality, you will not receive further newsletters.

5. Right to objection/erasure

The user may cancel their newsletter subscription at any time. Every newsletter contains a link for this express purpose. 


VII. Creating a customer account

1. What data is processed and to what extent

On our website users can register with us by submitting certain personal information. This is typed into a form and then sent to us and stored. Data is not passed on to third parties. We collect the following information during the registration process:

o Sex
o Name
o Company address
o Contact person
o EU sales tax identification number
o Telephone number
o Email address
o User IP address
o Date and time of registration

During registration the user must give their consent for their data to be processed.

2. Legal basis for data processing

Subject to the user’s consent, the legal basis for data processing is letter a of Art. 6 Para. 1 of the GDPR. If registration is needed to fulfil a contract, where one of the contractual parties is the user or to take steps to enter a contract, the additional legal basis for the processing of data is letter b of Art. 6 Para. 1 of the GDPR.

3. Purpose of data processing

It is necessary to create a customer account and store the relevant data to conclude a contract with the user, or to take steps to enter a contract. The stored information is used to accept and process orders, deliver products and services, process payments and communicate with you regarding orders, products and services. 

4. Storage period

The data is deleted as soon as they are no longer needed for the purpose they were collected. In the case of the registration process needed to fulfil a contract or take steps to enter a contract, it is when the data is no longer needed to execute the contract. It is possible that we may be required to store data after concluding a contract in order to comply with contractual or legal obligations – this applies especially to obligations arising from warranties and the storage of data for tax purposes.

5. Right to objection/erasure

Users may delete their customer account at any time. You can modify the data that we have stored about you at any time. If you want to delete your customer account, please send us an email or fax with your request. Providing that no legal provisions preclude it, and the contract has already been concluded, we will do so as quickly as possible.


VIII. Ordering process and fulfilment

1. What data is processed and to what extent

All the information that the customer enters during the ordering process is stored. This includes:

o Company name
o Contact person
o Address
o Payment details (Payment type, and bank account and mandate in the case of a direct debit)
o Email address
o Telephone number
o EU sales tax identification number
o Account details

Essential information for delivery (company, delivery address, contact person, email address) is passed on to the delivery company.

To process payment, we send all essential data (payment data and company name) to the bank carrying out the transaction.

Before executing a contract with a goods value of more than €20,000, a credit check will be carried out. Your information (essential company data) will be sent to Atradius Collections B.V., Niederlassung Deutschland, Opladener Str. 14, 50679 Köln, Germany for the credit check. You can read their privacy policy here: https://atradiuscollections.com/de/info/datenschutz.html


2. Legal basis for data processing

Data is stored to fulfil a contract where the user is a contractual partner or to take steps to enter a contract. The legal basis for processing this data is letter b of Art. 6 Para. 1 of the GDPR.

3. Purpose of data processing

The data is stored to fulfil a contract with the user or to take steps to enter a contract. The stored data is used to accept and process orders, deliver products and services, process payments and communicate with you about orders, products and services.

4. Storage period

The data is deleted as soon as it is no longer needed for the purpose it was collected. In this case, it is when the information is no longer needed to carry out the contract. However, there may be a requirement to store personal data after a contract has been concluded to meet contractual or legal obligations. This applies especially to obligations arising from warranties and data storage for tax purposes.

5. Right to objection/erasure

You can have the personal data stored by us changed at any time. If you want to erase data stored during the ordering process, please send us an email or fax with your request. Providing there are no legal obligations precluding it and the contract has already been concluded, we will do so as quickly as possible.

 

IX. Contact form and email contact

1. What data is processed and to what extent

Our website has a contact form that can be used to get in touch with us electronically. If a user chooses to use the form, the information entered is sent to us and stored. This includes the following data:

o Sex
o Name
o Contact person
o Email address
o Telephone number
o User’s IP address
o Date and time of registration

When sending your message, you will be asked for your consent and you will be directed to read this privacy policy.
Alternatively, it is possible to get in touch using the email address provided. In this case, the user’s personal information contained in the email will be stored. The data will not be passed on to third parties and will only be used to communicate with the user.

2. Legal basis for data processing

Subject to the user’s consent, the legal basis for processing data is letter a of Art. 6 Para. 1 of the GDPR.
The legal basis for processing data sent via email is letter f of Art. 6 Para. 1 of the GDPR. If the email regards the conclusion of a contract, the additional legal basis for processing the data is letter b of Art. 6 Para. 1 of the GDPR.

3. Purpose of data processing

Personal data collected via the entry form will only be used to contact you. For email communication, we maintain the same legitimate interest to use your data. Any additional information processed during contact form submission is designed to prevent misuse of the contact form and guarantee the security of our IT systems.

4. Storage period

The data is deleted as soon as it is no longer needed for the purpose it was collected. In the case of personal information entered through the contact form or sent via email, it is when the conversation has been concluded. The conversation is deemed to have concluded when the subject of conversation has been brought to a satisfactory close. The additional information collected through the form will be deleted after seven days at the latest.


5. Right to objection/erasure

The user can withdraw their consent for usage of their personal data at any time. If the user contacts us by email, they can object to having their personal data stored by us, though this would mean that the communication cannot be continued. The objection can be registered via email or fax. Any personal information saved in the process of contacting us will be erased. 


X. Privacy policy on the installation and usage of Google Analytics (with an anonymisation)

1. What data is used and to what extent

Google Analytics (with anonymisation) is a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland. The service is integrated into our websites (www.battery-kutter.de and www.sun-battery.com), where it collects and evaluates data about our website visitors’ browsing behaviour. 

We use the “_gat._anonymizelp” add-on for the Google Analytics web service. This add-on anonymises and truncates the IP address of the user when they access webpages from a member state of the European Union or a member of the European Economic Area. 

Google Analytics places a cookie on the user’s IT system (you can find more information about cookies in point “V. Usage of cookies”). The installation of cookies allows Google to analyse website usage. Each time one of the webpages on our websites (www.battery-kutter.de and www.sun-battery.com) is called up, Google Analytics causes the internet browser on the user’s IT system to send Google data for online evaluation. During this technical process, Google receives the following information:

o IP address (which helps Google to identify the origin of visitors and clicks, as well as calculating a fee)
o Time of visit
o Location of visitor
o Number of website visits
o Browser type and version
o Operating system
o Internet provider
o Referrer (the internet page via which the user came to our website)
o Browsing of the subpages of our website (duration of visit & frequency)

On every visit to our website, your personal data, including the IP address used, are sent to Google in the United States of America. This information is stored by Google in the United States. Under certain circumstances, Google may transfer this personal data collected through a technical process to third parties.

You can find out more detailed information about Google Analytics by following this link https://www.google.com/intl/de_de/analytics/.


2. Legal basis for data processing

The legal basis for data processing for website optimisation is Art. 6 I letter f of the GDPR.

3. Purpose of data processing

The purpose of Google Analytics tools is to analyse visitor flow to our website. Google uses the data and information obtained for a range of purposes, such as to evaluate how our website is used, to compile online reports that display activity on our website and to provide further services related to how our website is used. The primary functions of web analytics are to optimise webpages and carry out a cost-benefit analysis of online advertising.

4. Storage period

Data used by Google Analytics is deleted as soon as it is no longer needed for the purpose it was collected (website analysis) – providing there is no legal obligation to keep it. If it is not erased because it is needed for other purposes, including legal obligations, the data will be blocked and not processed for any further purposes.

5. Right to objection/erasure

If he/she objects to cookies being installed by our websites, the data subject can prevent them from being employed at all by taking the steps described above. Changing your browser settings also prevents cookies from Google being placed on your IT system. Furthermore, it is possible to erase Google Analytics cookies that have already been installed on the internet browser or other software programs.

The data subject can also prevent Google Analytics from collecting and processing web browsing data when visiting this website. To do so, download and install a browser add-on using the link https://tools.google.com/dlpage/gaoptout. This browser add-on uses JavaScript to inform Google Analytics that no data or information when visiting websites may be sent to Google Analytics. If the data subject’s IT system is erased, formatted or reinstalled at a later date, the browser add-on will have to be reinstalled if you want to deactivate Google Analytics. The browser add-on can be reinstalled and reactivated after being uninstalled or deactivated by the user or another person entrusted by the user. You can find out more information about Google’s privacy policy at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html.

 

XI. Privacy policy on the implementation and usage of Google AdWords

1. What data is used and to what extent

Google Adwords is an online advertising service that allows advertisers to place ads both in Google’s search results and in Google’s advertising network. Google Adwords enables advertisers to specify certain keywords, so that users of Google’s search engine will only be shown an ad if they enter a related search term. On Google’s advertising network, the ads are placed on websites with relevant content by an automatic algorithm that tracks keywords. The Google Adwords service is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland.

If a user lands on our website via a Google ad, a so-called conversion cookie is placed on their IT system by Google. Conversion cookies are only active for thirty days and cannot be used to identify the user. Providing it is active, a conversion cookie tracks visits to certain subpages of our website, e.g. the shopping cart in our online shop system. It tells us and Google whether someone who has landed on our website via a Google Adwords ad has generated sales – i.e. whether they have bought goods or left without completing a purchase.

Conversion cookies store personal information such as which webpages a person visits. Every time there is a visit to our website, personal data – including the IP address associated with the user’s internet connection – is sent to Google in the United States of America. This information is stored by Google in the United States of America. In certain instances, Google will pass on this data collected through technical processes to third parties. Google Adwords does not provide us with information that would allow us to identify the user. Google operates data centres in North, Central an South America, as well as in Asia and Europe. Find an overview of data centres around the world here: https://www.google.com/about/datacenters/inside/locations/

You can find further information about Google’s current privacy policy at https://www.google.de/intl/de/policies/privacy/.

2. Legal basis for data processing

The legal basis for using data for online advertising is Art. 6 I letter f of GDPR.

3. Purpose of data processing

The purpose of Google Adwords is to advertise our websites by placing relevant ads on the websites of third parties and on Google’s search engine, and to place third party advertising on our website.
Data and information obtained by conversion cookies are used by Google to compile visitor statistics for our website. We then use these visitor statistics to assess which of the total number of users were referred to us via Adwords ads, which allows us to optimise them in the future.


4. Storage period

The data used by Google Analytics is deleted as soon as it is no longer needed for its original purpose (to analyse online advertising), providing there is no legal obligation to keep it. If data is not deleted because it is required for other purposes, including legal obligations, it will be blocked so that it cannot be used for further purposes.

5. Right to objection/erasure

If they object to cookies being installed, the data subject can stop them from being employed at all by our websites using the steps described above. Changing your internet browser settings also prevents Google from installing a conversion cookie on the data subject’s IT system. Furthermore, it is possible to erase Google Adwords cookies that have already been installed on the internet browser or other software programs.

The data subject can also prevent Google from serving relevant advertising. To do so, the data subject should access the following link from all the internet browsers they use and update the settings accordingly: www.google.de/settings/ads.


XII. Google Maps

The Google Maps service is integrated into our website. Google Maps is an online map service that displays aerial and satellite pictures of the Earth’s surface, as well as institutions or places of note. Google Maps, Google LLC must receive your IP address before it can display the results in your browser. If not, the map contents cannot be displayed.

The cooperation with Google LLC is based on a contract that establishes joint responsibility for data privacy in accordance with Art. 26 of GDPR. You can find this here: https://privacy.google.com/intl/de/businesses/mapscontrollerterms/. Google LLC has Privacy Shield certification. By using Google Maps, the user enters into a contractual relationship with Google. You can find out more by reading Google’s privacy policy at www.google.de/intl/de/policies/privacy/.

The purpose of Google Maps is to make it easier for customers to find our company.

By clicking on the Google Maps button, you give your consent to the automatic collection, processing and usage of data by Google Inc., its representatives and third parties. You can find the terms of use for Google Maps here: http://www.google.com/intl/de_de/help/terms_maps.html.

Google operates data centres in North, Central an South America, as well as in Asia and Europe. Find an overview of data centres around the world here: https://www.google.com/about/datacenters/inside/locations/

We use Google Maps to make it easier to find our company, which constitutes a legitimate interest as per letter f of Art. 6 Para. 1 of the GDPR.

If you want to prevent Google from collecting, processing and using data derived from our website, you should deactivate JavaScript in your browser settings. This means you will be unable to use the map.


XIII. Battery-Kutter’s social media presence

We maintain an online presence on social networks/platforms to communicate with potential clients, customers and users, and to provide information about our products. We have a legitimate interest in processing our users’ personal data to efficiently provide information and communicate with them, as per letter f of Art. 6 Para. 1 of the GDPR. If providers of the networks/platforms ask for users’ consent to process their data, the legal basis is letter a of Art. 6 Para. 1 of the GDPR.

1. Xing and Youtube

Battery-Kutter has no influence over data collection and processing by the social networks/platforms Xing (Provider: XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) and Youtube (Provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland ). Battery-Kutter would like to point out that webpages on the social networks/platforms Xing and Youtube may store personal data and use it for commercial purposes. It is possible that data may be processed outside the EU. Google operates data centres in North, Central an South America, as well as in Asia and Europe. Find an overview of data centres around the world here: https://www.google.com/about/datacenters/inside/locations/

You can find the privacy policies and opt-outs for the networks in question here:

Xing: https://privacy.xing.com/de/datenschutzerklaerung.
YouTube: https://policies.google.com/privacy?hl=de.

2. Facebook

Although we are joint controllers of our Facebook page as per Art. 26 of the GDPR, we have no influence over the handling of your personal data. Our data privacy partnership with Facebook is based on a contract of joint responsibility as per Art. 26 of the GDPR. You can view this here: 
https://www.facebook.com/legal/terms/page_controller_addendum.

Facebook is certified by Privacy Shield and is therefore committed to abiding by European data protection regulations. You can find more information about Facebook’s Privacy Shield status here: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

To find out what opportunities you have to change your settings and prevent Facebook using your data, check out: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.

Note: If you are already logged in, Facebook can link your visit to our Facebook page to your account. If you want to prevent Facebook from linking your visit to our Facebook page with your account, log out of Facebook and delete all cookies.


XIV. Rights of the data subject

If you make changes to your personal information, you qualify as a concerned person in terms of the GDPR, and you have the following rights with regard to the responsible party:

1. Right of information

You can ask the responsible party to confirm whether your personal information has been used by us.
If your data has been used, you can demand the following information from the responsible party:

o The purpose for which your personal data was processed;
o The categories of personal data that were processed;
o The recipients, or types of recipient, that have had, or will have access to your personal data;
o The period for which your personal data will be stored or, if that is not possible, the criteria used to determine that period;
o Whether you have a right for correction or deletion of your personal data, the right to restrict the extent to which your data is processed by the responsible party or a right to object to the processing of your data; 
o Whether you have a right to file a complaint with the relevant authorities (e.g.: http://www.datenschutz-hamburg.de)
o All available information about where the data came from if it was not collected by the person concerned

2. Right of rectification

You have a right of rectification and/or completion that the responsible party must undertake if your personal data is incorrect or incomplete. The responsible party must undertake the correction without delay. 

3. Right of restriction

You can demand to restrict the scope of processing of your personal data providing one of the following conditions applies: 

o You dispute the accuracy of your personal data for a length of time that allows the responsible party to verify whether the data is correct;
o If the processing of your personal data is unlawful, and you want the processing of your personal data to be restricted rather than erased;
o The responsible party does not need your personal data any longer for the purposes of processing, however you need it for the establishment, exercise or defence of legal claims, or 
o If you have objected to data processing in accordance with Art. 21 Para. 1 of GDPR and it is not yet clear whether the legitimate interests of the responsible party override your grounds.

If the processing of your personal data has been restricted, it can, with the exception of storage, only be used with the data subject’s consent, or to establish, exercise or defend legal claims, or to protect the rights of other natural or legal persons, or if it is in the essential public interest of the Union or one of its member states.
If processing has been restricted in accordance with the aforementioned conditions, the responsible party has a duty to inform you before the restriction of processing is lifted.


4. Right to erasure

a) Duty of deletion
You can demand that the responsible party erase your personal data without undue delay, and the responsible party will have to erase the data without delay – providing one of the following reasons apply:

o Your personal data is no longer needed for the purpose that they were collected or otherwise processed.
o You withdraw consent on which the processing is based according to point a of Art. 6 Para. 1 or point a of Art. 9 Para. 2 of the GDPR, and there are no further legal grounds for the processing. 
o You object to data being processed in accordance with Art. 21 Para. 1 of the GDPR and there are no overriding legitimate grounds for doing so, or you object to data processing in accordance with Art. 21 Para. 2 of the GDPR. 
o Your personal data was unlawfully processed. 
o Your personal data was collected as part of the services of the IT company in accordance with Art. 8 Para. 1 of the GDPR.

b) Data transferred to third parties
If the responsible party has published your personal data and is required to erase it in accordance with Art. 17 Para. 1 of the GDPR, it shall take appropriate measures, in view of the available technology and the costs of implementation, to inform data controllers responsible for processing your personal data that you as a concerned party have requested that all links to this personal data, including copies thereof, be deleted.

c) Exceptions
The right to erasure does not apply if the usage of data is necessary to comply with a legal obligation.

5. Right to information

If you have asserted your right to rectification, erasure or restriction of data processing, the responsible party is obliged to inform all recipients of your personal data about the rectification, erasure or restriction of data processing, unless it proves impossible or unreasonably costly.

You have the right to be informed who the recipients are.

6. Right of portability

You have the right to receive the personal data concerning you, and which you have provided to the responsible party, in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another responsible party without obstruction from the responsible party in question, providing that:

(1) the processing of the data is based on your consent, in accordance with letter a of Art. 6 Para. 1 of the GDPR, or on a contract in accordance with letter a of Art. 9 Para. 2 of the GDPR or letter b of Art. 6 Para. 1 of the GDPR, and
(2) the data processing is carried out using automated processes.
In exercising this right, you also have the right that your personal data be transferred directly from one responsible party to another, providing that this is technically feasible. At the same time, the freedoms and rights of other persons must not be adversely affected.
The right of data portability does not apply to processing necessary for the performance of a task that is in the public interest, or that has occurred through an exercise of public authority vested in the responsible party. 

7. Right of objection to data processing

You have the right, on grounds that apply to your own particular situation, to object to your personal data being used in accordance with letter e of Art. 6 Para. 1 of the GDPR; this also applies to profiling based on these provisions.

The responsible party will cease to process your personal data unless it can demonstrate strong grounds for doing so, which override your interests, freedoms or rights, or if the usage pertains to the establishment, exercise or defence of legal claims. 

If your personal data is processed for direct advertising, you have the right to register your objection to it being used for such purposes at any time. This also goes for profiling, insofar as it relates to direct advertising.
If you object to it being used for direct advertising, your personal data will no longer be used for these purposes.

8. Right to withdraw consent regarding your data

You have the right to withdraw your consent regarding the processing of your data at any time. Your withdrawal of consent does not affect any data processing that occurred from the time of your consent to the time of cancellation.

9. Automated decision-making in individual cases including profiling

You have the right not to be subjected to a decision that is based solely on automated processing – including profiling – that has legal effect on you or significantly affects you in a similar way. This does not apply if the decision:

o Is necessary to conclude or fulfil a contract between you and the responsible person, 
o Is allowable according to EU legislation or that of member states, which the responsible party is subject to, where the legislation contains appropriate measures to safeguard your rights and freedoms, as well as your legitimate interests, or 
o Is made with your express consent.

However, decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 of the GDPR unless letters a or g of Art. 9 Para. 2 of the GDPR apply, and appropriate measures are taken to protect your rights and freedoms as well as your legitimate interests.
With regard to the cases mentioned in the bullet points 1 and 3, the responsible party will undertake appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, which includes, at the very least, to obtain human intervention on the part of the responsible party, to explain their own standpoint and contest the decision. 


As of 05 February 2019

 
 
 
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