Data Protection Declaration

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Data Protection Declaration in Accordance with the EU-DSGVO

As of Mai 2018

 

I. Name and Address of the Responsible Party

The respon­si­ble par­ty in accor­dance with the Gen­er­al Data Pro­tec­tion Reg­u­la­tion and the oth­er nation­al data pro­tec­tion laws of the mem­ber coun­tries as well as oth­er data pro­tec­tion law guide­lines shall be:

 

Hidrex GmbH

Otto-Hahn-Str. 12

42579 Heili­gen­haus

Ger­many

Tel.: +49 2056 — 98 11 0

E‑mail:

Web­site: www.hidrex.de

Data pro­tec­tion and the relat­ed per­son­al data to be processed are very impor­tant to us. We assure you that we shall use your per­son­al data only in the form in which they are required for the ful­fil­ment of the order and the required cus­tomer sup­port.

In accor­dance with Arti­cle 37 DSGVO, we have appoint­ed a Data Pro­tec­tion Offi­cer for data pro­tec­tion issues and sup­port.

If you should have any ques­tions regard­ing data pro­tec­tion and/or the usage of your per­son­al data, please con­tact

Marc Overesch

Artur-Brocke-Allee 31

45478 Mül­heim an der Ruhr

Tel.: +49 160 22 32 582

E‑mail: mc-overesch@t‑online.de

 

II. General Information regarding Data Processing

 

1. Scope of the Processing of Personal Data

We shall in prin­ci­ple process our users’ per­son­al data only inso­far as this is required for the sup­ply­ing of a func­tion­al web­site as well as of our con­tents and ser­vices. Address­es shall not be sold to third par­ties. Any more exten­sive pro­cess­ing of per­son­al data shall be under­tak­en upon a reg­u­lar basis only sub­ject to the user’s con­sent. An excep­tion shall apply in such cas­es in which it is not pos­si­ble to obtain con­sent in advance owing to actu­al rea­sons and the pro­cess­ing of the data is per­mit­ted in accor­dance with the statu­to­ry guide­lines.

 

2. Legal Basis for the Processing of Personal Data

Inso­far as we obtain a con­sent from the affect­ed per­son for the pro­cess­ing of per­son­al data, Art. 6 Para. 1 lit. a EU Gen­er­al Data Pro­tec­tion Reg­u­la­tion (DSGVO) shall serve as the legal basis.

Dur­ing the pro­cess­ing of per­son­al data which is required for the ful­fil­ment of a con­trac­tu­al agree­ment whose con­trac­tu­al par­ty is the affect­ed per­son, Art. 6 Para. 1 lit. b DSGVO shall serve as the legal basis. This shall also be valid for pro­cess­ing pro­ce­dures which are required for the imple­men­ta­tion of pre-con­trac­tu­al mea­sures.

Inso­far as a pro­cess­ing of per­son­al data is required for the ful­fil­ment of a legal oblig­a­tion which our com­pa­ny must ful­fil, Art. 6 Para. 1 lit. c DSGVO shall serve as the legal basis.

For the case that vital inter­ests of the affect­ed per­son or of anoth­er nat­ur­al per­son make a pro­cess­ing of per­son­al data required, Art. 6 Para. 1 lit. d DSGVO shall serve as the legal basis.

If the pro­cess­ing is required for the safe­guard­ing of a right­ful inter­est of our com­pa­ny or of a third par­ty and the inter­ests, fun­da­men­tal rights and fun­da­men­tal free­doms of the affect­ed per­son do not out­weigh the first-men­tioned inter­est, then Art. 6 Para. 1 lit. f DSGVO shall serve as the legal basis for the pro­cess­ing.

 

3. Data Deletion and Storage Duration

The affect­ed person’s per­son­al data shall be delet­ed or blocked as soon as the pur­pose for the stor­age is no longer valid. More­over, stor­age may be under­tak­en if this has been pre­scribed by the Euro­pean or nation­al law­mak­ers in Euro­pean Union legal reg­u­la­tions, laws or oth­er guide­lines which the respon­si­ble par­ty must ful­fil. Any block­ing or dele­tion of the data shall also be under­tak­en then if a stor­age time­frame pre­scribed by the afore­men­tioned norms laps­es unless a pre­req­ui­site still exists for the con­tin­ued stor­age of the data for the con­clu­sion or ful­fil­ment of a con­trac­tu­al agree­ment.

 

4. Security

We shall under­take all legal pre­ven­ta­tive mea­sures in order to pro­tect your per­son­al data from loss, destruc­tion, fal­si­fi­ca­tion, manip­u­la­tion and unau­tho­rised access. How­ev­er, you should nonethe­less keep in mind that no Inter­net trans­mis­sion has ever been 100% secure or flaw­less. Par­tic­u­lar­ly e‑mails, which are sent to or from this web­site, may be unse­cure.

 

III. Supplying of the Website and Creation of Log Files

 

1. Description and Scope of the Data Processing

Dur­ing each vis­it to our Inter­net site, our sys­tem auto­mat­i­cal­ly col­lects data and infor­ma­tion from the com­put­er sys­tem of the query­ing com­put­er.

In this regard, the fol­low­ing data shall be col­lect­ed:

  1. Infor­ma­tion regard­ing the brows­er mod­el and the ver­sion used
  2. The user’s oper­at­ing sys­tem
  3. The user’s Inter­net Ser­vice Provider
  4. The user’s IP address, query­ing domain
  5. Date and time of day of the access
  6. Web­sites from which the user’s sys­tem reach­es our Inter­net site
  7. Web­sites which are accessed by the user’s sys­tem via our web­site
  8. Trans­ferred data quan­ti­ty, name of the file
  9. Noti­fi­ca­tion of whether the retrieval was suc­cess­ful

In this regard, it con­cerns exclu­sive­ly infor­ma­tion which per­mits no infer­ences to be made about your per­son. This infor­ma­tion shall be tech­ni­cal­ly required in order to cor­rect­ly sup­ply the web­site con­tents which you request and are manda­to­ri­ly required for the usage of the Inter­net. We shall use anony­mous infor­ma­tion of this type for the pur­pos­es of sta­tis­ti­cal eval­u­a­tions in order to opti­mise our Inter­net site and the tech­nol­o­gy behind it. No stor­age of these data togeth­er with the user’s oth­er per­son­al data shall be under­tak­en.

The employ­ees of Hidrex GmbH have been oblig­at­ed to main­tain con­fi­den­tial­i­ty regard­ing the per­son­al data. These data shall be dis­sem­i­nat­ed to third par­ties only if this is required for the ful­fil­ment of a con­trac­tu­al agree­ment. Such third par­ties have like­wise been oblig­at­ed by Hidrex GmbH to pro­tect the users’ data by means of con­trac­tu­al agree­ments.

 

2. Legal Basis for the Data Processing

The legal basis for the tem­po­rary stor­age of the data and the log files shall be Art. 6 Para. 1 lit. f DSGVO.

 

3. Purpose of the Data Processing

The tem­po­rary stor­age of the IP address by the sys­tem shall be required in order to enable the deliv­ery of the web­site to the user’s com­put­er. For this pur­pose, the user’s IP address must remain stored for the dura­tion of the ses­sion.

The stor­age in log files shall be under­tak­en in order to ensure the website’s func­tion­al­i­ty. In addi­tion, the data serve the pur­pose of enabling us to opti­mise the web­site and guar­an­tee the secu­ri­ty of our infor­ma­tion tech­nol­o­gy sys­tems. In this con­text, the data shall not be eval­u­at­ed for mar­ket­ing pur­pos­es.

These pur­pos­es also encom­pass our right­ful inter­est in the data pro­cess­ing in accor­dance with Art. 6 Para. 1 lit. f DSGVO.

 

4. Duration of the Storage

The data shall be delet­ed as soon as they are no longer required for the attain­ment of the pur­pose for their col­lec­tion. In the case of the col­lec­tion of data for the deliv­ery of the web­site, this shall be the case if the respec­tive ses­sion has end­ed.

In the case of the stor­age of the data in log files, this shall be the case after by no lat­er than 16 days. More exten­sive stor­age shall be pos­si­ble. In this case, the users’ IP address­es shall be delet­ed or dis­tort­ed so that a cat­e­gori­sa­tion of the query­ing client is no longer pos­si­ble.

 

5. Right of Objection and Deletion

The col­lec­tion of the data for the deliv­ery of the web­site and the stor­age of the data in log files shall be manda­to­ri­ly required for the oper­a­tion of the Inter­net site. Con­se­quent­ly, the user shall have no right of objec­tion in this regard.

 

IV. Usage of Cookies and Analytical Tools

 

1. Description and Scope of the Data Processing

Our web­site uses cook­ies. Cook­ies are text files which are stored in the Inter­net brows­er and/or by the Inter­net brows­er on the user’s com­put­er sys­tem. If a user vis­its a web­site, then a cook­ie may be stored in the user’s oper­at­ing sys­tem. This cook­ie con­tains a dis­tinc­tive char­ac­ter string which enables a clear iden­ti­fi­ca­tion of the brows­er when the web­site is vis­it­ed again.

We use cook­ies in order to design our web­site to be user-friend­lier. Some ele­ments of our Inter­net site require that the query­ing brows­er also be able to be iden­ti­fied after mov­ing to a dif­fer­ent web­page.

In the cook­ies, the fol­low­ing data are stored and trans­mit­ted:

  1. Lan­guage set­tings
  2. Where applic­a­ble, items in a shop­ping bas­ket
  3. Log-in infor­ma­tion

The users’ data that are col­lect­ed in this man­ner shall be pseu­do­nymised through tech­ni­cal pre­ven­ta­tive mea­sures. Thus, any cat­e­gori­sa­tion of the data to the query­ing user is no longer pos­si­ble. The data shall not be stored togeth­er with oth­er per­son­al data of the users.

This web­site uses Google Ana­lyt­ics, a web analy­sis ser­vice offered by Google Inc. (“Google”). Google Ana­lyt­ics uses so-called “cookies”–text files which are stored on your com­put­er and enable an analy­sis of your usage of the web­site. As a rule, the infor­ma­tion gen­er­at­ed by the cook­ie regard­ing your usage of this web­site shall be trans­mit­ted to a Google serv­er in the USA and stored there. In the case that IP anonymi­sa­tion has been acti­vat­ed on this web­site, your IP address shall nonethe­less be short­ened before­hand by Google with­in the mem­ber coun­tries of the Euro­pean Union or in oth­er con­tract­ing coun­tries to the Euro­pean Eco­nom­ic Area Con­ven­tion. Only in excep­tion­al cas­es shall the full IP address be trans­mit­ted to a Google serv­er in the USA and short­ened there. By man­date from this website’s oper­a­tor, Google shall use this infor­ma­tion in order to eval­u­ate your usage of the web­site, to draft reports regard­ing the web­site activ­i­ties and in order to ren­der addi­tion­al ser­vices asso­ci­at­ed with the usage of the web­site and the Inter­net to the website’s oper­a­tor.

The IP address trans­mit­ted by your brows­er with­in the para­me­ters of Google Ana­lyt­ics shall not be com­min­gled with oth­er data by Google. You may pre­vent the stor­age of the cook­ies by cor­re­spond­ing­ly chang­ing the set­tings on your brows­er soft­ware; how­ev­er, we wish to point out that, in this case, you may not be able com­pre­hen­sive­ly use all func­tions of this web­site. More­over, you may pre­vent the col­lec­tion of the data (includ­ing your IP address) that have been gen­er­at­ed by the cook­ie and make ref­er­ence to your usage of the web­site from being sent to Google as well as the pro­cess­ing of these data by Google by down­load­ing and installing the brows­er plug-in that is avail­able at the fol­low­ing link: http://tools.google.com/dlpage/gaoptout?hl=de

The web­site uses “Xgraph”, a web analy­sis tool from the provider XGraph Inc., and via “AdNexus”, a web analy­sis tool from the provider App­Nexus, data shall be col­lect­ed and stored from which usage pro­files can be cre­at­ed while using pseu­do­nyms. These usage pro­files serve the pur­pose of the analy­sis of the vis­i­tors’ behav­iour and shall be eval­u­at­ed in order to improve and design our web­site to ful­fil the vis­i­tors’ require­ments.

In this regard, cook­ies may be used. These are small text files which are stored local­ly on the web­page visitor’s com­put­er and thus enable iden­ti­fi­ca­tion dur­ing each addi­tion­al vis­it to our web­site.

With­out an express con­sent from the affect­ed per­son which must be sep­a­rate­ly grant­ed, the pseu­do­nymised usage pro­files shall not be com­min­gled with per­son­al data via the bear­er of the pseu­do­nym.

The web­site uses Google Maps. On this web­site, Google Maps are used in order to show you the loca­tions of near­by physi­cians with whom Hidrex GmbH coop­er­ates. If you use this offer­ing, a link shall be cre­at­ed with Google Maps which is oper­at­ed by Google Inc., 1600 Amphithe­atre Park­way, Moun­tain View, CA 94043, USA. In this regard, Google shall also process data regard­ing your usage of the maps’ func­tions.

By using this offer­ing, you here­by declare your agree­ment with the pro­cess­ing of the data col­lect­ed about you by Google. You can review the Usage Terms and Con­di­tions at https://www.google.com/intl/de/policies/privacy/.

Links to Oth­er Inter­net Sites or Apps Avail­able for Down­load

Inso­far as our web­site con­tains links to oth­er Inter­net sites of Hidrex GmbH or to the Inter­net sites of third-par­ty com­pa­nies or offers apps for down­load, this Data Pro­tec­tion Dec­la­ra­tion shall not be valid for them. Please review the valid data pro­tec­tion guide­lines on the respec­tive oth­er Inter­net sites or apps.

 

2. Legal Basis for the Data Processing

The legal basis for the pro­cess­ing of per­son­al data while using cook­ies shall be Art. 6 Para. 1 lit. f DSGVO.

 

3. Purpose of the Data Processing

The pur­pose of the usage of the tech­ni­cal­ly-required cook­ies and ana­lyt­i­cal tools shall be to sim­pli­fy the usage of web­sites for the users. Some func­tions of our Inter­net site can­not be offered with­out the usage of cook­ies. For them, it is nec­es­sary that the brows­er is also recog­nised again after the vis­i­tor moves to a dif­fer­ent page.

For the fol­low­ing appli­ca­tions, we require cook­ies:

  1. Con­tact form
  2. Inte­gra­tion of lan­guage set­tings
  3. Remem­ber­ing search terms

The user data col­lect­ed by means of the tech­ni­cal­ly-required cook­ies shall not be used in order to cre­ate user pro­files.

The analy­sis cook­ies shall be used for the pur­pose of improv­ing the qual­i­ty of our web­site and its con­tents. Through the analy­sis cook­ies, we shall find out how the web­site is being used and can thus con­stant­ly opti­mise our web­site.

In these pur­pos­es, our right­ful inter­est also lies in the pro­cess­ing of the per­son­al data in accor­dance with Art. 6 Para. 1 lit. f DSGVO.

 

4. Duration of the Storage, Rights of Objection and Deletion

Cook­ies shall be stored on the user’s com­put­er and shall be trans­mit­ted by his com­put­er to our web­site. Thus, as the user, you shall also have full con­trol over the usage of cook­ies. By chang­ing the set­tings on your Inter­net brows­er, you can deac­ti­vate or restrict the trans­mis­sion of the cook­ies. Any cook­ies already saved can be delet­ed at any time. This can also be done in auto­mat­ed fash­ion. How­ev­er, if cook­ies have been deac­ti­vat­ed for our web­site, all func­tions of the web­site may no longer be able to be used com­pre­hen­sive­ly.

 

V. Contact Form and E‑Mail Contact

 

1. Description and Scope of the Data Processing

On our Inter­net site, a con­tact form is pro­vid­ed which may be used for elec­tron­ic con­tact­ing. If a user utilis­es this option, then the data entered into the input mask shall be trans­mit­ted to us and stored. These data shall be:

  • Form of address
  • Fore­name
  • Sur­name
  • Com­pa­ny
  • Street
  • Postal code / city
  • Tele­phone
  • Tele­fax
  • E‑mail
  • Con­tent of the indi­vid­ual mes­sage

At the time that the mes­sage is sent, the fol­low­ing data shall also be stored:

  1. The user’s IP address
  2. Date and time of day of the reg­is­tra­tion

For the pro­cess­ing of the data, dur­ing the sub­mis­sion process, your con­sent shall be obtained and ref­er­ence shall be made to this Data Pro­tec­tion Dec­la­ra­tion.

Alter­na­tive­ly, it is pos­si­ble to ini­ti­ate con­tact via the des­ig­nat­ed e‑mail address. In this case, the user’s per­son­al data trans­mit­ted with the e‑mail shall be stored.

In this con­text, data shall not be dis­sem­i­nat­ed to third par­ties. The data shall be used exclu­sive­ly for the pro­cess­ing of the con­ver­sa­tion.

Hidrex GmbH offer you a What­sapp Service/Hotline.

By using the What­sapp ser­vice offered by Hidrex GmbH, we shall answer your cus­tomer inquiries and pro­vide you with infor­ma­tion regard­ing our com­pa­ny and/or our offer­ings.

By send­ing a start mes­sage to the What­sapp num­ber of the Hidrex GmbH Service/hotline, you here­by approve, in accor­dance with Art. 6 Para. 1 lit. a DSGVO, that your per­son­al data (e.g. sur­name and fore­name, your pseu­do­nym, tele­phone num­ber, mes­sen­ger ID, pro­file pho­to, mes­sages) may be used for the pur­pos­es of direct com­mu­ni­ca­tion and the required data pro­cess­ing while using What­sApp. For the usage, an exist­ing mes­sag­ing account at What­sApp shall be required.

The respon­si­ble provider for the mes­sen­ger shall be What­sApp, Inc., 1601 Wil­low Road, Men­lo Park, Cal­i­for­nia 94025, USA where­by its Data Pro­tec­tion Dec­la­ra­tion can be retrieved at https://www.whatsapp.com/legal/#privacy-policy.

Hidrex GmbH wish­es to point out that What­sApp shall, in this man­ner, pos­si­bly receive per­son­al data (par­tic­u­lar­ly meta-data from the com­mu­ni­ca­tion) which shall also be processed on servers in coun­tries out­side of the EU (e.g. the USA) in which no appro­pri­ate data pro­tec­tion lev­el can be guar­an­teed. How­ev­er, What­sApp Inc. and Face­book Inc. are cer­ti­fied under the Pri­va­cy Shield Con­ven­tion and thus offer a guar­an­tee that they shall hon­our Euro­pean data pro­tec­tion law. Addi­tion­al infor­ma­tion in this regard can be found in the afore­men­tioned data pro­tec­tion guide­lines. Hidrex GmbH has no pre­cise knowl­edge of or influ­ence on the data pro­cess­ing pro­vid­ed by What­sApp.

Your data processed for this ser­vice shall be stored by What­sApp for an inde­ter­mi­nate peri­od of time.


Revo­ca­tion of Your Con­sent
Your con­sent for this data pro­cess­ing may be freely revoked at any time by enter­ing “STOP” in What­sApp.

In order to have all of your data that are stored at Hidrex GmbH removed, send a mes­sage with the text “DELETE ALL DATA” via your mes­sen­ger.

 

2. Legal Basis for the Data Processing

The legal basis for the pro­cess­ing of the data shall be the user’s con­sent which has been grant­ed in accor­dance with Art. 6 Para. 1 lit. a DSGVO.

The legal basis for the pro­cess­ing of the data, which are trans­mit­ted dur­ing the send­ing of an e‑mail, shall be Art. 6 Para. 1 lit. f DSGVO. If the e‑mail con­tact is for the pur­pose of con­clud­ing a con­trac­tu­al agree­ment, then a sup­ple­men­tal legal basis for the pro­cess­ing shall be Art. 6 Para. 1 lit. b DSGVO.

 

3. Purpose of the Data Processing

The pro­cess­ing of the per­son­al data from the input mask shall serve us sole­ly for the pur­pose of pro­cess­ing the con­tact­ing that has been ini­ti­at­ed. In the case that con­tact is ini­ti­at­ed via e‑mail, the required right­ful inter­est lies in the pro­cess­ing of the data.

The oth­er per­son­al data processed dur­ing the sub­mis­sion process shall serve the pur­pos­es of pre­vent­ing a mis­use of the con­tact form and guar­an­tee­ing the secu­ri­ty of our infor­ma­tion tech­nol­o­gy sys­tems.

 

4. Duration of the Storage

The data shall be delet­ed as soon as they are no longer required for the attain­ment of the pur­pose for their col­lec­tion. For the per­son­al data from the input mask of the con­tact form and the per­son­al data which have been sent via e‑mail, this shall then be the case when the respec­tive con­ver­sa­tion with the user has end­ed. The con­ver­sa­tion shall then be con­sid­ered to have end­ed if it can be deduced based upon the respec­tive cir­cum­stances that the affect­ed issue has been defin­i­tive­ly clar­i­fied.

The per­son­al data also col­lect­ed dur­ing the sub­mis­sion process shall be delet­ed by no lat­er than sev­en days’ time.

 

5. Rights of Objection and Deletion

The user shall at any time have the option of revok­ing his con­sent for the pro­cess­ing of his per­son­al data. If the user con­tacts us via e‑mail, then he may at any time object to the stor­age of his per­son­al data. In such a case, the con­ver­sa­tion may not be con­tin­ued.

In this case, all per­son­al data, which have been col­lect­ed dur­ing the con­tact­ing, shall be delet­ed.

 

VI. Rights of the Affected Person

If your per­son­al data are processed, then you shall be con­sid­ered to be the affect­ed per­son in accor­dance with the DSGVO and shall be enti­tled to the fol­low­ing rights in your deal­ings with the respon­si­ble par­ty:

 

1. Right of Information

You may demand a con­fir­ma­tion from the respon­si­ble par­ty regard­ing whether we are pro­cess­ing your per­son­al data.

If such pro­cess­ing is indeed being done, you may demand that the respon­si­ble par­ty pro­vide you with the fol­low­ing infor­ma­tion:

(1) The pur­pos­es for which the per­son­al data are being processed;

(2) The cat­e­gories of per­son­al data which are being processed;

(3) The recip­i­ents and/or the cat­e­gories of recip­i­ents to whom your per­son­al data have been dis­closed or are still being dis­closed;

(4) The planned dura­tion of the stor­age of your per­son­al data or, if con­crete infor­ma­tion can­not be pro­vid­ed in this regard, the cri­te­ria for the deter­mi­na­tion of the stor­age time­frame;

(5) The exis­tence of a right to the cor­rec­tion or the dele­tion of your per­son­al data, a right to the restric­tion of the pro­cess­ing by the respon­si­ble par­ty or a right of objec­tion against this pro­cess­ing;

(6) The exis­tence of a right to lodge a com­plaint with a gov­ern­ment super­vi­so­ry agency;

(7) All avail­able infor­ma­tion regard­ing the ori­gin of the data if the per­son­al data have not been col­lect­ed from the affect­ed per­son;

(8) The exis­tence of an auto­mat­ed deci­sion-mak­ing process includ­ing pro­fil­ing in accor­dance with Art. 22 Paras. 1 and 4 DSGVO and–at least in these cases–detailed infor­ma­tion regard­ing the log­ic involved as well as the scope and the intend­ed ram­i­fi­ca­tions of such pro­cess­ing for the affect­ed per­son.

You shall be enti­tled to the right to demand infor­ma­tion regard­ing whether your per­son­al data are being trans­mit­ted to a non-EU coun­try or to an inter­na­tion­al organ­i­sa­tion. In this con­text, you may demand to be instruct­ed regard­ing the suit­able guar­an­tees in accor­dance with Art. 46 DSGVO in con­junc­tion with the pro­cess­ing.

 

2. Right of Correction

You shall have a right of cor­rec­tion and/or com­ple­tion vis-à-vis the respon­si­ble par­ty inso­far as your processed per­son­al data are incor­rect or incom­plete. The respon­si­ble par­ty must prompt­ly under­take the cor­rec­tion.

 

3. Right of Restriction of the Processing

Sub­ject to the fol­low­ing pre­req­ui­sites, you may demand the restric­tion of the pro­cess­ing of your per­son­al data:

(1) If you dis­pute the cor­rect­ness of your per­son­al data for a dura­tion which enables the respon­si­ble par­ty to ver­i­fy the cor­rect­ness of the per­son­al data;

(2) The pro­cess­ing is ille­gal and you reject the dele­tion of the per­son­al data and instead demand the restric­tion of the usage of the per­son­al data;

(3) The respon­si­ble par­ty no longer requires the per­son­al data for the pur­pos­es of the pro­cess­ing, but you nonethe­less require them for the asser­tion, exer­cis­ing or ward­ing-off of legal claims, or

(4) If you have lodged an objec­tion against the pro­cess­ing in accor­dance with Art. 21 Para. 1 DSGVO and it has not yet been deter­mined whether the right­ful inter­ests of the respon­si­ble par­ty out­weigh your right­ful inter­ests.

If the pro­cess­ing of your per­son­al data has been restrict­ed, these data may–apart from their storage–only be processed sub­ject to your con­sent or in order to assert, exer­cise or ward off legal claims or in order to pro­tect the rights of anoth­er nat­ur­al or juridi­cal per­son or for the rea­sons of an impor­tant pub­lic inter­est of the Euro­pean Union or of one of its mem­ber coun­tries.

If the pro­cess­ing has been restrict­ed in accor­dance with the afore­men­tioned pre­req­ui­sites, you shall be noti­fied by the respon­si­ble par­ty before the restric­tion is lift­ed.

 

4. Right of Deletion

 

a) Deletion Obligation

You may demand that the respon­si­ble par­ty prompt­ly delete your per­son­al data and the respon­si­ble par­ty shall be oblig­ed to prompt­ly delete these data inso­far as one of the fol­low­ing rea­sons applies:

(1) Your per­son­al data are no longer required for the pur­pos­es for which they have been col­lect­ed or oth­er­wise processed.

(2) You revoke your con­sent, which sup­port­ed the pro­cess­ing in accor­dance with Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a DSGVO, and no oth­er legal basis applies for the pro­cess­ing.

(3) You lodge an objec­tion against the pro­cess­ing in accor­dance with Art. 21 Para. 1 DSGVO and no pre­vail­ing right­ful inter­ests for the pro­cess­ing apply or you lodge an objec­tion against the pro­cess­ing in accor­dance with Art. 21 Para. 2 DSGVO.

(4) Your per­son­al data have been processed ille­gal­ly.

(5) The dele­tion of your per­son­al data is required in order to ful­fil a legal oblig­a­tion in accor­dance with the law of the Euro­pean Union or the law of the mem­ber coun­tries which the respon­si­ble par­ty must fol­low.

(6) Your per­son­al data have been col­lect­ed with­in the para­me­ters of the infor­ma­tion soci­ety ser­vices offered in accor­dance with Art. 8 Para. 1 DSGVO.

 

b) Notification of Third Parties

If the respon­si­ble par­ty has pub­licly dis­closed your per­son­al data and is oblig­ed to their dele­tion in accor­dance with Art. 17 Para. 1 DSGVO, then he shall, sub­ject to the con­sid­er­a­tion of the avail­able tech­nol­o­gy and the imple­men­ta­tion costs, under­take appro­pri­ate measures–including of a tech­ni­cal nature–in order to noti­fy the respon­si­ble par­ty for the data pro­cess­ing who is pro­cess­ing the per­son­al data that you, as the affect­ed per­son, have demand­ed that he delete all links to these per­son­al data or copies or repli­ca­tions of these per­son­al data.

 

c) Exceptions

The right of dele­tion shall not apply inso­far as the pro­cess­ing is required

(1) In order to exer­cise the rights of free expres­sion and noti­fi­ca­tion;

(2) In order to ful­fil a legal oblig­a­tion which requires the pro­cess­ing in accor­dance with the law of the Euro­pean Union or of the mem­ber coun­tries which the respon­si­ble par­ty must fol­low or in order to ful­fil a task which lies in the pub­lic inter­est or in the exer­cis­ing of pub­lic author­i­ty which has been con­ferred to the respon­si­ble par­ty;

(3) For rea­sons of the pub­lic inter­est in the area of pub­lic health in accor­dance with Art. 9 Para. 2 lit. h and i as well as Art. 9 Para. 3 DSGVO;

(4) For archiv­ing, sci­en­tif­ic or his­tor­i­cal research pur­pos­es lying in the pub­lic inter­est or for sta­tis­ti­cal pur­pos­es in accor­dance with Art. 89 Para. 1 DSGVO inso­far as the right men­tioned under Sec­tion a) is antic­i­pat­ed to make the real­i­sa­tion of the goals of this pro­cess­ing impos­si­ble or to grave­ly restrict the real­i­sa­tion there­of; or

(5) For the asser­tion, exer­cis­ing or ward­ing-off of legal claims.

 

5. Right of Instruction

If you have assert­ed the right of cor­rec­tion, dele­tion or restric­tion of the pro­cess­ing vis-à-vis the respon­si­ble par­ty, the respon­si­ble par­ty shall be oblig­ed to noti­fy all recip­i­ents, to whom your per­son­al data have been dis­closed, of this cor­rec­tion or dele­tion of the data or restric­tion of the pro­cess­ing unless this is dis­cov­ered to be impos­si­ble or asso­ci­at­ed with dis­pro­por­tion­ate expen­di­tures.

You shall have the right to demand that the respon­si­ble par­ty dis­close the names of these recip­i­ents to you.

 

6. Right of Data Portability

You shall have the right to receive your per­son­al data, which you have pro­vid­ed to the respon­si­ble par­ty, in a struc­tured, stan­dard and machine-read­able for­mat. More­over, you shall have the right to trans­mit these data to anoth­er respon­si­ble par­ty with­out any hin­drances from the respon­si­ble par­ty to whom the per­son­al data have been pro­vid­ed inso­far as

(1) The pro­cess­ing is based upon a con­sent in accor­dance with Art. 6 Para. 1 lit. a DSGVO or Art. 9 Para. 2 lit. a DSGVO or upon a con­trac­tu­al agree­ment in accor­dance with Art. 6 Para. 1 lit. b DSGVO and

(2) The pro­cess­ing is done via an auto­mat­ed process.

Fur­ther­more, when exer­cis­ing this right, you shall also have the right to request that your per­son­al data be trans­mit­ted direct­ly by one respon­si­ble par­ty to anoth­er respon­si­ble par­ty inso­far as this is tech­ni­cal­ly fea­si­ble. How­ev­er, any free­doms and rights of oth­er per­sons may not be restrict­ed by so doing.

The right of data porta­bil­i­ty shall not be valid for a pro­cess­ing of per­son­al data which is required for the ful­fil­ment of a task which lies in the pub­lic inter­est or in the exer­cis­ing of pub­lic author­i­ty which has been con­ferred to the respon­si­ble par­ty.

 

7. Right of Objection

You shall have the right, based upon the rea­sons from your par­tic­u­lar sit­u­a­tion, to lodge an objec­tion at any time against the pro­cess­ing of your per­son­al data which is under­tak­en in accor­dance with Art. 6 Para. 1 lit. e or f DSGVO; this shall also be valid for any pro­fil­ing sup­port­ed by these pro­vi­sions.

The respon­si­ble par­ty shall no longer process your per­son­al data unless he can doc­u­ment com­pelling rea­sons wor­thy of pro­tec­tion for the pro­cess­ing which out­weigh your inter­ests, rights and free­doms or the pro­cess­ing serves the pur­pose of the asser­tion, exer­cis­ing or ward­ing-off of legal claims.

If your per­son­al data are processed in order to con­duct direct adver­tis­ing, you shall have the right at any time to lodge an objec­tion against the pro­cess­ing of your per­son­al data for the pur­pose of such adver­tis­ing; this shall also be valid for the pro­fil­ing inso­far as it is asso­ci­at­ed with such direct adver­tis­ing.

If you object to the pro­cess­ing for the pur­pos­es of direct adver­tis­ing, your per­son­al data shall no longer be processed for these pur­pos­es.

You shall have the option, in con­junc­tion with the usage of infor­ma­tion soci­ety services–notwithstanding Guide­line 2002/58/EC, to exer­cise your right of objec­tion via an auto­mat­ed pro­ce­dure, in which tech­ni­cal spec­i­fi­ca­tions are used.

 

8. Right of Revocation of the Declaration of Consent Granted under Data Protection Law

You shall have the right at any time to revoke your dec­la­ra­tion of con­sent grant­ed under data pro­tec­tion law. How­ev­er, the revo­ca­tion of the con­sent shall not affect the legal­i­ty of the pro­cess­ing that was done based upon the con­sent until it was revoked.

 

9. Right of Complaint to a Government Supervisory Agency

Notwith­stand­ing any oth­er legal rem­e­dy under admin­is­tra­tive law or in court, you shall have the right to lodge a com­plaint to a gov­ern­ment super­vi­so­ry agency–particularly in the mem­ber coun­try of your place of res­i­dence, your work loca­tion or the loca­tion of the pur­port­ed vio­la­tion if you are of the belief that the pro­cess­ing of your per­son­al data vio­lates the DSGVO.

The gov­ern­ment super­vi­so­ry agency, to which the com­plaint has been lodged, shall noti­fy the par­ty lodg­ing the com­plaint of the sta­tus of and the rul­ing on the complaint–including of the option of seek­ing out a legal rem­e­dy in court in accor­dance with Art. 78 DSGVO.