Gebruiksvoorwaarden

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What’s it about?

This policy concerns your personal data and how we process them in the context of using our website as well as the particular uses involved.

Personal data means any information relating to an identified or identifiable natural person; in other words, data that relates to you personally, such as your name, address, e-mail address, user behaviour, etc. Processing means any operation or set of operations, whether or not by automated means, which is performed on personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

In the following sections

  • I.    Name and address of the controller
  • II.    Contact details for the Data Protection Officer
  • III.    General information on data processing
  • IV.    Provision of the website and creation of log files
  • V.    Use of “own” cookies
  • VI.    Website analytics tools
  • VII.    Newsletter
  • VIII.    Contact form and e-mail contact
  • IX.    Registration
  • X.    Online store
  • XI.    Portals
  • XII.    Social media plugins
  • XIII.    Embedding YouTube videos
  • XIV.    Embedding Google Maps
  • XV.    Rights of the data subject

and sub-sections, we inform you in greater detail about the processing of your personal data and your rights as a data subject: 


I.    Name and address of the controller

The controller within the meaning of the General Data Protection Regulation (hereafter: “GDPR”) and other national data protection legislation of the Member States as well as other data protection provisions is

CWS Nederland BV
De Beverspijken 16
5221 ED ’s-Hertogenbosch

Tel.:     +31 73 6 338 338
E-mail:     info.nl@cws.com
Website: https://nl.cws.com
 

II.    Contact details for the Data Protection Officer

You can contact the Data Protection Officer as follows:

CWS Nederland BV
De Beverspijken 16
5221 ED ’s-Hertogenbosch

Tel.:     +31 73 6 338 338
E-mail:     info.nl@cws.com
 

III.    General information on data processing

1.    Scope of processing of personal data

We principally process our users’ personal data only to the extent necessary to provide a functional website as well as our content and services. Our users’ personal data are processed regularly only with the user’s consent. One exception is such cases where it is not possible to obtain consent beforehand for reasons of fact and where statutory provisions permit data processing.

2.    Legal basis for the processing of personal data

a)    To the extent that we obtain the consent of the data subjects for personal data processing operations, the legal basis is point (a) of Art. 6(1) of the GDPR.

b)    Where the processing of personal data is necessary for the performance of a contract to which the data subject is party, the legal basis is point (b) of Art. 6(1) of the GDPR.  This also applies to processing operations required to take steps prior to entering into a contract.

c)    To the extent that the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, the legal basis is point (c) of Art. 6(1) of the GDPR. 

d)    In the event that the processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, the legal basis is point (d) of Art. 6(1) of the GDPR.

e)    If the processing is necessary for the purposes of legitimate interests of our company or a third party, except where such interests are overridden by the interest or fundamental rights and freedoms of the data subject, the legal basis for processing is point (f) of Art. 6(1) of the GDPR.

3.    Erasure of data and storage period

The personal data of the data subject will be erased or blocked as soon as the purpose of storage ceases to exist. Beyond that, storage may take place if the European or national legislator provides for storage in Union regulations, laws or other provisions to which the controller is subject.  Blocking or erasure of data also takes place when the storage period stipulated by the stated standards expires unless there is a necessity to continue to store the data in order to enter into or perform a contract.
 

IV.    Provision of the website and creation of log files

1.    Description and scope of data processing

Every time our website is accessed, our system automatically records data and information about the accessing computer system.   

The following data are collected in this process:

  • Information about the type of browser and the version in use
  • The user’s operating system
  • The user’s Internet Service Provider
  • The user’s IP address
  • The date and time of access
  • Websites from which the user’s system accessed our website
  • Websites accessed by the user’s system from our website

The data will also be stored in our system’s log files. These data are not stored along with other personal user data.


2.    Legal basis for data processing

The legal basis for the temporary storage of data and log files is point (f) of Art. 6(1) of the GDPR.

3.    Purpose of data processing

The temporary storage of the IP address by the system is necessary to facilitate delivery of the website to the user’s computer. For this, the user’s IP address must remain stored for the duration of the session.
Storage in log files takes place to ensure website functionality. In addition, we use the data to optimise the website and to ensure the security of our IT systems. Evaluation of the data for marketing purposes does not take place in this context.

Given these purposes, we have a legitimate interest in data processing according to point (f) of Art. 6(1) of the GDPR.

4.    Duration of storage

The data are erased as soon as they are no longer required to achieve the purpose for which they were collected. In the event that the data are recorded to provide the website, this is the case when the individual session ends.

In the event that the data are stored in log files, this is the case after no more than seven days. Storage above and beyond this is possible. In that case, the IP addresses of the users will be erased or masked to make it impossible to identify the accessing client.

5.    Opt-out and data removal option

The recording of data to provide the website and the storage of data in log files is absolutely necessary for website operation. Therefore, the user does not have an opt-out option.
 

V.    Use of “own” cookies

1.    Description and scope of data processing

Our website uses cookies. Cookies are text files stored in or by the Web browser on the user’s computer system. If a user accesses a website, a cookie can be placed on the user’s operating system. This cookie contains a character string that enables the unique identification of the browser the next time the website is accessed.

We use the following types of cookie, the scope and function of which will be explained below:

  • Cookies which are strictly necessary
  • Cookies which are not strictly necessary (analytics cookies)

a)    Cookies which are strictly necessary

We use these cookies to make our website more user-friendly. Some elements of our website require the accessing browser using cookies.

These cookies store and send the following data:

  • Showing of cookie notification text (cookie_consent, cookie_notification_reload_count)
  • Support of JavaScript (has_js)
  • Caching, eg. of product bookmark (Drupal.session_cache.sid)
  • Saved products in bookmark (Drupal.visitor.result, product_overview_href)

b)    Cookies which are not strictly necessary (analytics cookies)

On our website we also use cookies that allow analysis of your browsing activity.

These cookies may send the following data: 

  • Search terms entered
  • Frequency of page views
  • Use of website functions

The user data collected in this manner are anonymised by technical means. As a result, the accessing user can no longer be identified by the data. The data are not stored along with the users’ other personal data.

When our website is accessed, a banner informs users of the use of cookies for the purpose of analytics and refers them to this privacy policy. The user is also advised in this context that cookies may be disabled in the browser settings. 

2.    Legal basis for data processing

The legal basis for the processing of personal data using cookies is point (f) of Art. 6(1) of the GDPR.

3.    Purpose of data processing

a)    For cookies which are strictly necessary 
The purpose of using strictly necessary cookies is to make it easier for the user to use the website. Some of our website functions cannot be provided without the use of cookies because it is necessary for the browser to be recognised even after the user leaves a page.

These cookies are necessary for the following applications:

  • Applying language settings
  • Basket

b)    For cookies which are not strictly necessary 
Analytics cookies are used in order to improve the quality of our website and its content. Analytics cookies tell us how the website is used, which enables us to constantly improve our offering.

  • Google Analytics (_ga, _gid, _gat)

Given this purpose, we have a legitimate interest in personal data processing according to point (f) of Art. 6(1) of the GDPR.

4.    Duration of storage, opt-out and data removal option

Cookies are stored on your computer and sent from it to our page. Therefore, you the user have full control over the use of cookies. If the cookies used are session cookies, these are erased after the user logs out or closes the browser. Persistent cookies are automatically erased from your computer after a certain length of time, which may vary from cookie to cookie. By changing your Web browser settings, you can disable or restrict the placement of cookies. In addition, stored cookies can be erased at any time. Deletion of cookies may also occur automatically, as described above. If cookies are disabled for our website, some parts of the website may not function fully.
 

VI.    Website analytics tools

The following analytics tools are used on our website:

1.    Google Analytics (CWS Website)

We use Google Analytics, a web analytics service provided by Google Inc. The European headquarters are: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland. The Terms of Service can be viewed at this address: https://www.google.de/analytics/terms/de.html; a summary of the Google Analytics security and privacy principles can be viewed at this address: https://www.google.com/analytics/learn/privacy.html?hl=de; and the Privacy Policy can be viewed at this address: https://policies.google.com/privacy?hl=de.

a)    Description and scope of data processing

We use Google Analytics to analyse the use of our website. To do so, Google Analytics uses cookies, which are stored on your computer and facilitate analysis of your use of the website. The information that the cookie generates in relation to your use of this website is generally sent to a Google Inc. server in the USA and stored there. 

This concerns the following information:

  • origin (country und city)
  • language
  • operating system
  • device (PC, Tablet-PC or Smartphone)
  • Browser and used Add-ons
  • Clickareas (Heatmap)
  • Duration of session
  • Bounce rate

In the event that IP anonymisation is activated on this website, your IP address will be truncated by Google Inc. before storage, but within Member States of the European Union or in other signatories to the Agreement on the European Economic Area. IP addresses are processed in truncated form, so personal identifiability can be ruled out. If the data collected on you is personally identifiable, this possibility of identification will be ruled out immediately and the personal data erased without delay. 

Only in exceptional cases is the full IP address sent to a Google server in the USA and truncated there. For such exceptional cases where personal data are sent to the USA, Google is subject to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is point (f) of Art. 6(1) sentence 1 of the GDPR.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website provider with other services connected with website use and Internet use.

The IP address sent by your browser for Google Analytics purposes will not be combined with other Google Inc. data.

b)    Legal basis for the processing of personal data

The legal basis for personal data processing is point (f) of Art. 6(1) of the GDPR.

c)    Purpose of data processing

We use Google Analytics to enable us to analyse and regularly improve the use of our website. The statistics we obtain enable us to improve our offering and make it more interesting for you the user. Given these purposes, we have a legitimate interest in personal data processing according to point (f) of Art. 6(1) of the GDPR. The users’ interests in the protection of their personal data is given adequate consideration through the anonymisation of the IP address.

d)    Duration of storage

If persons can be identified from the data collected, these will be promptly erased in the context of anonymisation.

e)    Opt-out and data removal option

You can prevent the storage of cookies by adjusting your browser software settings; however, please note that, if you do so, some parts of the website may not function fully.  You can also opt out of storage of the data on your site activity by the cookie (incl. your IP address) as well as the processing of these data by Google by downloading and installing the browser plugin available from the following link:
http://tools.google.com/dlpage/gaoptout?hl=de.

2.    etracker (CWS customer portal)


VII.    Contact form and e-mail contact

1.    Description and scope of data processing

Our website contains a contact form, which can be used for making contact by electronic means. If the user opts to do so, the data entered in the input screen will be sent to us and stored. These data are:

  • Email-address (mandatory)
  • surname (mandatory)
  • forename (mandatory)
  • company (optional)
  • street (optional)
  •  postal code / city (mandatory)
  • Telephone (optional)Fax (optional)
  • requirement (optional)

At the time of sending the message, the following data are stored in addition:
•    Date and time of sending

Your consent to data processing is obtained and a reference to this privacy policy is made as part of the sending process.

Alternatively, you may make contact using the e-mail address provided. In this case, the user’s personal data sent in the e-mail will be stored.

Your data will not be passed on to third parties in this context. The data are used solely for processing the enquiry.

2.    Legal basis for processing

The legal basis for data processing, given the user’s consent, is point (a) of Art. 6(1) of the GDPR.

The legal basis for processing data transmitted when an e-mail is sent is point (f) of Art. 6(1) of the GDPR.

If the purpose of the e-mail contact is to enter into a contract, the additional legal basis for the processing is point (b) of Art. 6(1) of the GDPR.

3.    Purpose of data processing

We process the personal data in the input screen solely for the purpose of dealing with the contact request. In the event that contact is made via e-mail, the requisite legitimate interest in processing the data also exists.

The purpose of the other personal data processed during the sending process is to prevent misuse of the contact form and to ensure the security of our IT systems.

4.    Duration of storage

The data are erased as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data in the input screen of the contact form and those sent via e-mail, this is the case when the conversation with the user is over. The conversation is over when it can be inferred from the circumstances that the enquiry concerned has been closed.

The personal data additionally collected during the sending process will be erased after no more than 7 days.

5.    Opt-out and data removal options

The user has the option at any time to withdraw consent to the processing of personal data. If the user makes contact with us via e-mail, he/she can opt out of the storage of his/her personal data at any time. To do so, the conversation can be discontinued. To withdraw consent and to opt out of storage, you can use the e-mail address you used to make contact or the e-mail address stated in the Publication details section.

All personal data stored during the process of making contact will be erased in this event.
 

VIII.    Portals

1.    CWS-boco customer portal

a)    Description and scope of data processing

The CWS-boco customer portal enables you to manage your contracts with CWS-boco International GmbH as well as to view invoices and delivery notes. The Terms of Use for the portal can be viewed at the website of the portal.

Our website contains an option to register by giving personal data. The data are entered in an input screen, sent to us and stored. The signup data are entered in an input screen, sent to us and stored. The data are not passed on to third parties.

We use the double opt-in process for signup to our customer portal. This means that after you sign up we send you an e-mail to the e-mail address you gave, asking you to confirm that you wish to sign up to the customer portal. If you do not confirm your signup within 48h, your information will be blocked and, after a month, automatically erased.

The following data are collected in the course of the signup process:

  • company
  • surname, forename
  • address
  • customer number
  • Email-address
  • Telephone number

At the time of signup, the following data are stored in addition:

  • Date and time of signing up

Your consent to data processing is obtained and a reference to this privacy policy is made as part of the process of signing up.

b)    Legal basis for data processing

The legal basis for data processing after the user signs up to the customer portal, given the user’s consent, is point (a) of Art. 6(1) of the GDPR.

c)    Purpose of data processing

The purpose of collecting the data during the process of signing up is to connect the person signing in to the correct contracts so that the user can only manage his/her contracts and view the invoices and delivery notes for them.

The purpose of collecting any other data as part of the process of signing up is to prevent misuse of the services or the e-mail address used.

d)    Duration of storage

The data are erased as soon as you cancel your access permanently and your data are no longer necessary for contract performance. Furthermore, we store the data voluntarily entered by you for the period of their use, unless you erase them beforehand.

The other personal data collected as part of the process of signing up will generally be erased after a period of 7 days.

e)    Opt-out and data removal option

You can permanently cancel your access to the customer portal at any time by taking the steps given in the customer portal.  However, this does not remove any existing contracts; these remain unaffected hereby.
 

IX.    Embedding YouTube videos

1.    Description and scope of data processing

We have embedded YouTube videos in our online offering, which are stored on https://www.youtube.com and can be played on our website directly. These are all embedded over the URL https://www.youtube-nocookie.com, meaning that no data on you the user is sent to YouTube unless you play the videos. Only after you play the videos will your data be sent. We have no control over this data transmission.

YouTube is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, California 94043, USA. You can find the relevant privacy policy as well as information about your rights and setting options to protect your privacy at https://www.google.de/intl/de/policies/privacy. Google processes your personal data in the USA as well and is subject to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.

When you visit our website, information is sent to YouTube that you accessed that page of our website. In addition, the data listed under section IV.1. of this policy are sent. Data are sent whether or not you have a YouTube account or are logged in. If you are logged in to Google, your data will be directly connected with your account. If you do not wish your data to be connected with your YouTube profile, you must log out before clicking on the button. YouTube stores your data as user profiles and uses them for the purposes of advertising, market research and/or tailoring their website to your needs. Such evaluation is done in particular (even for users who are not logged in) to provide targeted advertising and to inform other users on the social network about your activities on our website.

2.    Legal basis for data processing

The legal basis for embedding YouTube is point (f) of Art. 6(1) of the GDPR.

3.    Purpose of data processing

By embedding videos, we enable you to interact with YouTube and other users, thereby improving our offering and making it more interesting for you the user. Given this purpose, we have a legitimate interest in embedding YouTube videos.

Such evaluation is done by YouTube in particular (even for users who are not logged in) to provide targeted advertising and to inform other users on the social network about your activities on our website.

4.    Duration of storage

We have no information on the storage periods and erasure of the data collected by YouTube. 

5.    Opt-out and data removal option

You have a right to opt out of the creation of these user profiles. However, to exercise this right you must contact Google.


X.    Embedding Google Maps

1.    Description and scope of data processing

We use the Google Maps tool on this website.

Google Maps is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, California 94043, USA. You can find the relevant privacy policy as well as information about your rights and setting options to protect your privacy at https://www.google.de/intl/de/policies/privacy. Google processes your personal data in the USA as well and is subject to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.

When you visit the website, information is sent to Google that you accessed that page of our website. In addition, the data listed under section IV.1. of this policy are sent. Data are sent whether or not you have a Google account or are logged in. If you are logged in to Google, your data will be directly connected with your account. If you do not wish your data to be connected with your Google profile, you must log out before clicking on the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or tailoring their website to your needs. Such evaluation is done in particular (even for users who are not logged in) to provide targeted advertising and to inform other users on the social network about your activities on our website.

2.    Legal basis for data processing

The legal basis for embedding Google Maps is point (f) of Art. 6(1) of the GDPR.

3.    Purpose of data processing

The use of Google Maps gives you easy access to the interactive map, which is displayed on our website, and convenient use of the map function.  Given this purpose, we have a legitimate interest in embedding Google Maps.

4.    Duration of storage

We have no information on the storage periods and erasure of the data collected by Google Maps.

5.    Opt-out and data removal option

You have a right to opt out of the creation of these user profiles. However, to exercise this right you must contact Google.
 

XI.    Information about the application process

a. General

The electronic applicant site is also operated by CWS-boco International as an operator for other companies in the CWS-boco Group. In principle, the responsible body is the CWS-boco group company specified in the respective vacancy notice.

Any personal data including data resulting from all investments (hereinafter referred to as "data") that you enter will be stored and used by CWS-boco International or the relevant Group company for the purpose of your application. Specific types of personal data (racial and ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or sexual life) are not deliberately collected (see point 3j II).

In order to provide your general data (candidate profile) outside of a current job advertisement, you are offered the following options:

I. Your data will be passed on to fill vacancies within the CWS-boco Group in Germany. These currently include the following companies: CWS-boco International GmbH, CWS-boco Germany GmbH, CWS-boco Healthcare GmbH & Co.

II. Your data will only be used to fill the positions you have applied for. A transfer in the CWS-boco group does not take place.

b. data storage

The storage of your data is encrypted in a data center in Germany.

c. data access

You will have access to your stored data to fill vacant positions within the CWS-boco Group, depending on the option you choose (3a I-II).

To ensure proper operation, selected employees of the CWS-boco Group have access to your data from Germany.

Your data is protected against unauthorized access through encrypted transmission, encrypted storage, a role and authorization concept, a data protection concept and physical protection for the servers.

d. data accuracy

You ensure that the personal information provided by you is truthful, accurate, clear and up-to-date. You have the opportunity to correct your own information in order to ensure their timeliness.

e. Data query, maintenance and deletion, right to object

You can view your data at any time through the application. In addition, you have the right at any time to block or delete any personal data via the system or via e-mail, to object to the processing of the data or to have incorrect data corrected. If you do not initiate the deletion of your data, they will be kept for a maximum of twelve (12) months after the application process has been completed in order to open up further career opportunities to CWS-boco. This deadline applies to each of your applications.

If future amended legal requirements require a change to the retention period, this will be modified without prior notice. If you do not prematurely delete your general data (candidate profile), these remain for twelve (12) months. The deadline starts again with each application.

f. E-mail address for your contact

datenschutz@cws-boco.com

G. data Administration

Due to the nature of the Internet and of computer systems, CWS-boco International or the responsible Group company can not guarantee the availability of the CWS-boco websites, the correctness and accuracy of the information contained on them or the freedom of intellectual property rights of third parties.

H. Disclaimer

Incidentally, the liability of CWS-boco International or the relevant Group company is excluded, unless mandatory legal liability exists, such as: For intent, gross negligence, injury to life, body or health of a person.

i. Cookies (small text files)

The application places cookies (small text files) on your PC. These are session-based, contain no personal information, and are deleted after the session.

j. Data protection consent

In order to proceed in the application process, you must agree to the following points. You can revoke this data protection declaration at any time via the system or via the above-mentioned email address.

I. You agree to the transmission of the data within the CWS-boco Group to the required persons according to the vacancy notice and visibility options as described above.

II. If you voluntarily provide us with particular types of personal information (including, but not limited to, information contained in the enclosures attached to you), you hereby expressly consent to the same treatment as described in this document.

III. You agree the storage by ticking the box "I agree with the Privacy Policy" and then clicking the "Apply" button, you agree to the above points. Your consent is saved. If you do not agree, your application will not be saved and will not be processed within the CWS-boco Corporation.

XII.    Social media presence

We maintain company pages/accounts on several social networks and platforms („social media“) in order to communicate with our customers, potential customers, and other users, and in order to inform them about our services. The terms and conditions as well as privacy policies of these networks and platforms apply.

If not stated differently in this privacy policy, we process user data from these networks and platforms if they communicate with us through these networks and platforms, e.g. comment on our posts or send us a message.

XIII.    Rights of the data subject

If your personal data is processed, then you are a data subject within the meaning of the GDPR and you have the following rights in respect of the controller (see section I. of this policy):

1.    Right of access

You have the right to obtain from the controller confirmation as to whether we process your personal data.

Where that is the case, you have the right to obtain from the controller access to the following information:
a)    the purposes for which the personal data are processed;
b)    the categories of personal data which are processed;
c)    the recipients or categories of recipient to whom your personal data have been or will be disclosed;
d)    the envisaged period of storage for which your personal data will be stored or, if specifics cannot be given, the criteria used to determine the storage period;
e)    the existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the controller or a right to object to such processing; 
f)    the existence of a right to lodge a complaint with a supervisory authority;
g)    where the personal data are not collected from the data subject, any available information as to their source;
h)    the existence of automated decision-making, including profiling, pursuant to Art. 11(1) and (4) of the GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to access information about whether your personal data are transmitted to a third country or to an international organisation. Where that is the case, you have the right to be informed of the appropriate safeguards pursuant to Art. 46 of the GDPR relating to the transfer.

2.    Right to rectification

You have the right to obtain from the controller the rectification of inaccurate personal data on you and/or completion of incomplete personal data on you processed by the controller.  The controller shall carry out rectification without delay.

3.    Right to restriction of processing

a)    if you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;
b)    the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
c)    the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
d)    you have objected to processing pursuant to Art. 21(1) pending the verification whether the legitimate grounds of the controller override yours.

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

If you have obtained restriction of processing under the above criteria, you shall be informed by the controller before the restriction of processing is lifted.

4.    Right to erasure

a)    Obligation to erase data

  • You have the right to obtain from the controller the erasure of your personal data without delay and the controller shall have the obligation to erase such data without delay where one of the following grounds applies:
  • Your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • You withdraw your consent on which the processing is based according to point (a) of Art. 6(1) or point (a) of Art. 9(2) of the GDPR and there are no overriding legitimate grounds for the processing.
  • You object to the processing pursuant to Art. 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) of the GDPR.
  • Your personal data have been unlawfully processed.
  • Your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • Your personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) of the GDPR.

b)    Notification of third parties

Where the controller has made your personal data public and is obliged pursuant to Art. 17(1) of the GDPR to erase the 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 you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c)    Exceptions

The right to erasure does not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • 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;
  • for reasons of public interest in the area of public health in accordance with points (h) and (i) of Art. 9(2) as well as Art. 9(3) of the GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) of the GDPR in so far as the right referred to in subsection a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the establishment, exercise or defence of legal claims.

5.    Right to notification

If you have exercised the right to obtain from the controller the rectification, erasure or restriction of processing, the controller is obliged to communicate such rectification or erasure of data or restriction of processing to each recipient to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to be informed by the controller about those recipients.

6.    Right to data portability

You have the right to receive your personal data, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

a)    the processing is based on consent pursuant to point (a) of Art. 6(1) of the GDPR or point (a) of Art. 9(2) of the GDPR or on a contract pursuant to point (b) of Art. 6(1) of the GDPR; and
b)    the processing is carried out by automated means.

In exercising that right, you have the right to have your personal data transmitted directly from one controller to another, where technically feasible. That right shall not adversely affect the rights and freedoms of others.

The right to data portability 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 vested in the controller.

7.    Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on point (e) or (f) of Art. 6(1) of the GDPR, including profiling based on these provisions. 

The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8.    Right to withdraw consent to the privacy policy

You have the right at any time to withdraw your consent to the privacy policy, without affecting the lawfulness of processing based on consent before its withdrawal.

9.    Automated decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. That does not apply if the decision:
a)    is necessary for entering into, or performance, of a contract between you and a data controller;
b)    is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interest; or
c)    is based on your explicit consent.

However, such decisions shall not be based on special categories of personal data referred to in Art. 9(1) of the GDPR, unless point (a) or (g) of Art. 9(2) of the GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in points a) and c), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision.

10.    Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement if you consider that the processing of your personal data 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 of the GDPR.

 

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