Privacy Policy for manifattura-valor.com
As of August 10, 2022
1. General Scope of Data Processing
Data privacy is of utmost importance in our society. We adhere to the General Data Protection Regulation (GDPR), which uniformly governs the processing of personal data across the European Union and other national data protection laws. We collect, process, and use personal data only to the extent necessary for providing a functional website and presenting our offers and services.
Users can generally visit our website without providing personal information. Personal data is only collected and used to provide a functional website and our content and services. The collection and use of your personal data are generally based on your consent. Exceptions apply in cases where obtaining consent is not possible for practical reasons or where the collection and processing of data are permitted by legal regulations.
For security reasons, we use an SSL certificate on our website to provide secure connections through the encryption of all incoming and outgoing data traffic. You can recognize the encryption by the padlock symbol in your browser's address bar and the display of "https://."
2. Name and Address of the Data Controller
The data controller, as defined by the GDPR, is:
Manifattura VALOR GmbH
Lorcher Str. 61
73033 Göppingen
Tel: +49 (0)7161 65 39 000
Fax: +49 (0)7161 65 39 009
Email: info@manifattura-valor.com
3. Definitions
The terms used in this privacy policy correspond to those in Article 4 of the GDPR. In the context of this regulation, the term:
4. General Legal Basis for Processing Personal Data
If we obtain the consent of the data subject for processing personal data, Article 6(1)(a) of the GDPR serves as the legal basis for the processing.
For the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual measures.
If the processing of personal data is necessary to fulfill a legal obligation to which we are subject, Article 6(1)(c) of the GDPR serves as the legal basis.
In cases where vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.
If processing is necessary to safeguard our legitimate interests or the legitimate interests of a third party, and if the interests, fundamental rights, and freedoms of the data subject do not outweigh the first-mentioned interest, Article 6(1)(f) of the GDPR serves as the legal basis for processing.
5. Data Deletion and Storage Duration
Personal data stored by us will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if provided for by the European or national legislator in Union regulations, laws, or other regulations to which we are subject, e.g., due to tax and commercial storage and documentation obligations. Data will also be blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
6. Collection of Technical Access Data, Server Log Files
Upon each visit to our website, our web server automatically collects data and information from the computer system of the computer you are using. The following data is collected:
This data is temporarily stored in the log files of the web server we use. Storage of this data, along with other personal data, does not take place. Your data cannot be attributed to specific individuals by us. We use this technical log data only for statistical purposes and to optimize our website and its security. The legal basis for the temporary storage of data and log files is Art. 6(1)(f) of the GDPR.
The temporary storage of the IP address by our web server is necessary to enable the delivery of the web pages called up to your computer. For this purpose, the IP address of the calling computer must be stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. In the aforementioned purposes lies our legitimate interest in data processing according to Art. 6(1)(f) of the GDPR.
The stored data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. There is therefore no possibility of objection and deletion on your part.
7. Use of Cookies
We use "cookies" on our website. "Cookies" are text files that are stored in the internet browser or by the internet browser on the user's computer system. When you visit a website, a cookie may be stored on the operating system of the computer you are using. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is accessed again.
The purpose of using cookies is to simplify the use of websites for you. Some features of our website cannot be offered without the use of cookies. It is necessary for the browser to be recognized even after changing pages, for example, login information, contents of the shopping cart, language settings, and remembering search terms. User data collected through technically necessary cookies is not used to create user profiles. The data processed by cookies is required for the purposes mentioned to safeguard our legitimate interests in a user-friendly website design according to Art. 6 para. 1 sentence 1 lit. f GDPR or is carried out in accordance with Art. 6 para. 1 lit. b GDPR for the performance of a contract.
We collaborate with advertising partners who help us make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). The use of such cookies and the scope of the information collected are individually and separately explained in the following sections.
Cookies are stored on your computer and transmitted from it to our website. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically, depending on your browser. Settings for your browser can be found on the website of your browser's respective provider.
Please note that the functionality of our website may be restricted if cookies are not accepted.
8. Newsletter
If you have the opportunity to subscribe to a free newsletter on our website, the following applies: When registering for the newsletter, the data from the input mask is transmitted to us. Your email address is among the data requested in the input mask. Providing your first and last name is voluntary so that we can address you personally in the newsletter. Your consent is obtained for the processing of the data during the registration process, and reference is made to this privacy policy. We use the double-opt-in procedure for sending newsletters. This means that we will not send you an email newsletter unless you have expressly confirmed that you agree to receive such a newsletter. You will then receive a confirmation email from us, in which we ask you to confirm that you wish to receive newsletters in the future by clicking on a corresponding link. By clicking on the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 para. 1 lit. a GDPR. In addition, the IP address of the requesting computer, as well as the date and time of registration, are also collected during registration to prevent misuse of the services or the email address used or to be able to trace it in case of complaints. Our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR is also present in the aforementioned purposes.
If you purchase goods or services on our website and provide your email address, it may be used by us for sending a newsletter. In such a case, the newsletter will only contain direct advertising for our own similar goods or services. There is no disclosure of data to third parties in connection with the data processing for the dispatch of newsletters. The data is used exclusively for sending the newsletter. The legal basis for the processing of data after subscribing to the newsletter by you is Art. 6 para. 1 lit. a GDPR, given your consent.
Your data will be deleted as soon as it is no longer required for the purpose of its collection. Your email address will only be stored as long as the subscription to the newsletter is active, unless you have expressly consented to further use of your data. You can cancel the newsletter subscription at any time. For this purpose, there is a corresponding link in every newsletter. This also allows a revocation of the consent to the storage of the personal data collected during the registration process.
Mailchimp
For newsletter delivery, we use the service "MailChimp" from the provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. With "MailChimp," the recipient's data is used in pseudonymous form, i.e., without assignment to a user, to optimize or improve its own services, for example, for the technical optimization of sending and displaying newsletters or for statistical purposes. The data of our newsletter recipients are used only by us and not by Rocket Science Group LLC, for example, to contact you or to pass on the data to third parties.
There is no adequacy decision of the European Commission for the MailChimp service for the USA. We base our collaboration with them on standard data protection clauses of the European Commission. If your IP address is collected through the technologies, it is shortened before storage on the provider's servers by activating IP anonymization. The full IP address is only transferred to a server of the provider and shortened there in exceptional cases. Unless otherwise stated for the individual technologies, data processing is based on an agreement between jointly responsible parties according to Art. 26 GDPR for the respective technology. We have concluded a data processing agreement with the provider in accordance with Art. 28 para. 3 sentence 1 GDPR.
The legal basis for data processing is Art. 6 para. 1 lit. a GDPR (consent). You can revoke your consent at any time by unsubscribing from the newsletter. This also applies if you do not wish an analysis by MailChimp. We provide a corresponding link or email address for revocation at the end of each newsletter. However, you can also unsubscribe from the newsletter directly on the website.
The data you provide to us for receiving the newsletter will be stored by us until you unsubscribe from the newsletter, and after unsubscribing, it will be deleted from both our servers and MailChimp's servers. Data stored by us for other purposes (e.g., email addresses for the member area) remain unaffected. Further information on the provider's data processing can be found in the privacy policy at the following link: https://mailchimp.com/legal/privacy/.
9. Customer Registration
If you have the opportunity to create a customer account on our website and register by providing your personal data, the following applies: The data is entered into an input mask, transmitted to us, and stored. There is no disclosure of the data to third parties. The data collected can be seen in the respective input forms. During the registration process, your consent to the processing of this data is explicitly obtained. For security reasons, the following data is also stored at the time of registration: the IP address of the calling computer, date, and time of registration. The aforementioned purposes also represent our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.
Your registration is necessary to fulfill a contract with you or to carry out pre-contractual measures. Through your registration, we can quickly and conveniently make your entered data available to you without the need for you to enter it again. The legal basis for data processing, given your consent, is Art. 6 para. 1 lit. a GDPR. If registration serves the fulfillment of a contract between you and us or the implementation of pre-contractual measures, an additional legal basis for data processing is Art. 6 para. 1 lit. b GDPR.
Your data will be deleted as soon as it is no longer necessary for the purpose of its collection. This is the case, for example, during the registration process to fulfill a contract or to carry out pre-contractual measures when the data is no longer required for the execution of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contractual partner to comply with contractual or legal obligations.
As a user, you have the option to dissolve the registration at any time. You can request modifications to the data stored about you at any time. To change or delete your data, simply contact us using the contact details provided in the imprint. Ideally, send us an email. If the data is required to fulfill a contract or to carry out pre-contractual measures, premature deletion of the data is only possible if contractual or legal obligations do not conflict with deletion.
10. Contact Form and Email Contact
If there is a contact form on our website that you can use for electronic communication, the following applies: If you use this option, the data entered in the input mask will be transmitted and stored by us. The specific data collected in the case of a contact form can be found in the respective contact form. At the time of sending the message, the IP address of the accessing computer, date, and time of registration are also stored to prevent misuse of the contact form and to ensure the security of our information technology systems. Our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR is also based on the above purposes.
For the processing of data, we obtain your consent before sending and refer to this privacy policy. Alternatively, you can also contact us by email. In this case, only the personal data transmitted with the email will be stored for the purpose of processing the contact. Under no circumstances will your data be passed on to third parties. Your data will be used exclusively for the intended communication. The legal basis for data processing with your consent is Art. 6 para. 1 lit. a GDPR. The legal basis for the processing of personal data transmitted to us by email is Art. 6 para. 1 lit. f GDPR. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For personal data from the contact form input mask and those sent by email, this is the case when the respective communication with you is finished. The conversation is considered finished when it can be inferred from the circumstances that the matter in question has been finally clarified.
You have the option to revoke your consent to the processing of personal data at any time. If you have contacted us by email, you can also object to the storage of your personal data at any time. The revocation can be made, for example, by sending a revocation email or by letter to our contact addresses, which can be found in the imprint. All personal data stored in the course of contacting us will then be deleted.
11. Data Transfer to Service Partners for Order Processing
We only transfer your personal data to service partners involved in the processing of the contract, such as the shipping company responsible for delivery or the credit institution responsible for payment matters. The scope of data transfer to third parties is limited to the necessary minimum, namely your first and last name, your address, and, if applicable, your delivery address. The legal basis is Art. 6 para. 1 lit. b GDPR.
In the event that you have expressly given us your consent or, at your request, to the service partner, we will also pass on your email address, telephone number, or date of birth for the purpose of coordinating a delivery date with the shipping company or for a necessary identity and credit check by the payment service provider. If you do not give us your consent, it is not possible to coordinate a delivery date in advance or to announce a delivery, or to offer "purchase on account" or "purchase by direct debit" or "installment purchase". The legal basis for this is Art. 6 para. 1 lit. a GDPR.
You can of course revoke your consent at any time with effect for the future, either to us or to the respective service partner. However, the respective service partner may still be entitled to process your personal data if this is necessary for the proper processing of the contract.
We work in particular with the following service providers:
a) Shipping service providers:
b) Payment service providers:
12. Third-Party Tools and Plugins
We use third-party tools on our website, e.g., for the analysis of usage data, to design our online offerings and our website with a view to user-friendliness and optimization. Usually, these tools use "cookies" (definition see above under "Cookies"). For the data processed in this way, we may need your prior informed consent in accordance with Art. 6 para. 1 lit. a GDPR, which you can give before activation via a consent window (cookie consent tool).
To protect your privacy, data that may allow a reference to your person, such as IP address, login or device identifiers, is anonymized or pseudonymized as early as possible. In detail, the following tools are used:
a) Google Analytics
We use Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). Google Analytics uses “cookies” that are stored on your computer and enable your use of the website to be analyzed. The information generated by the cookie about your use of this website (including the anonymized, i.e. shortened IP address) is usually also transmitted to a server at Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 in the USA and stored there .
The IP anonymization “_anonymizeIp()” is activated on our website. With this option, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. This means that your IP address cannot be personalized. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
On our behalf, Google will use this information to evaluate your use of our website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics is not combined with other Google data.
For the processing described above, in particular the use of Google Analytics cookies to read information on the device you are using, you must have given us your express and informed consent in accordance with Article 6 (1) (a) GDPR. For consent, we use a so-called “cookie consent tool”, which appears when you visit our site. You can use the “Cookie Consent Tool” to give us your consent to use Google Analytics or exercise your right to refuse consent by deactivating the service for your website. You can revoke your consent at any time with future effect using the “cookie consent tool”.
We have concluded a data processing agreement with Google for the use of Google Analytics. This contract obliges Google to protect the data of our website visitors within the framework of standard contractual clauses and not to pass it on to third parties. For the transfer of data from the EU to the USA, Google relies on standard contractual clauses from the European Commission, which are intended to ensure compliance with the European level of data protection in the USA, see https://policies.google.com/privacy/frameworks.
Further information about Google Analytics can be found here: https://policies.google.com/privacy
b) Facebook Custom Audience (Facebook Pixel)
We use the remarketing function “Custom Audiences” from Facebook Inc., 1 6011 Hacker Way, Menlo Park, CA 94025, USA (“Facebook”). This allows us to present you with interest-based advertisements (“Facebook Ads”) when you visit our website as part of the social network Facebook or other websites that also use the process. For these purposes, a cookie must be stored on your computer. You can activate and deactivate the use of cookies on your computer using the cookie consent tool we use.
If you have given your express consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR, your visitor behavior can also be tracked using so-called tracking pixels after you have seen or clicked on a Facebook advertisement. This procedure is used to evaluate the effectiveness of Facebook advertisements for statistical and market research purposes and can help to optimize future advertising measures.
The data collected is anonymous to us and does not allow us to draw any conclusions about the identity of the visitors. However, the data is stored and processed by Facebook so that a connection to your respective user profile is possible. In addition, Facebook can use the data obtained for its own advertising purposes. Details can be found in the Facebook data usage policy under the link https://www.facebook.com/about/privacy/. According to its own information, Facebook is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
c) Google Ads
We use Google Ads Google Conversion Tracking from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Ads places a “cookie” on your computer if you came to our website via a Google ad.
These cookies expire after 30 days and are not used for personal identification. If you visit certain pages on our website while the cookie has not yet expired, Google and we can recognize via our Google Ads account that you clicked on a Google ad we placed and were redirected to this page.
Each Google Ads customer receives a different cookie. Cookies cannot therefore be tracked via the websites of Google Ads customers. The information collected using the conversion cookie is used to create conversion statistics for Google Ads customers who have opted for conversion tracking. Google Ads customers learn the total number of users who clicked on your ad and were redirected to a page with a conversion tracking tag. However, we do not receive any information that can be used to personally identify users.
To set cookies, we need your informed consent in accordance with Article 6 Para. 1 lit. a) GDPR, which you can give before activation via a consent window (cookie consent tool). Google's data protection policy on conversion tracking can be found at the following link: https://services.google.com/sitestats/de.html
d) Google reCAPTCHA
We use the reCAPTCHA function from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). This function is primarily used to distinguish whether an entry is made by a natural person or whether it is improperly processed through machine and automated processing. The service includes sending your IP address and any other data required by Google for the reCAPTCHA service to Google.
To use Google reCAPTCHA, we need your informed consent in accordance with Article 6 (1) (a) GDPR, which you can give before activation via a consent window (cookie consent tool). You can view further information about Google reCAPTCHA and Google's privacy policy at: https://www.google.com/intl/de/policies/privacy/
e) YouTube
We use functions of the “YouTube” service to include our own videos on our website as part of so-called “framing”. YouTube is operated by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland (“Google”).
We only integrate YouTube videos in the “extended data protection mode”, which YouTube itself provides. This initially prevents YouTube from storing cookies on your device. However, when you access the relevant pages, your IP address and other data will be transmitted. This tells Google which of our websites you have visited. However, this information cannot be assigned to you unless you are logged in to YouTube or another Google service before accessing the page. To use YouTube, we require your informed consent in accordance with Article 6 (1) (a) GDPR, which you can give before activation via a consent window (cookie consent tool). If you have not given your consent, the YouTube videos are also blocked by so-called content blockers. If you still want to watch the video, you must first agree to Google's privacy policy when clicking on the video; only then can you start the video.
When playback of an embedded YouTube video is started, “YouTube” only sets cookies as part of the extended data protection mode that do not contain any personal data that could be traced back to you, unless you are logged in to any Google service at the same time. If you want to avoid personal reference, you can prevent this by logging out of your YouTube account. Cookies are integrated in accordance with Article 6 Paragraph 1 Letter f of the GDPR for the purpose of collecting information about user behavior and creating video statistics as well as improving the user-friendliness of the YouTube offering
You have the right to object to the creation of these user profiles, although you must contact Google to exercise this right. Regardless of whether the embedded video is played, a connection to the Google network “double click” is established when you visit this website. Further information on the handling of user data can be found in Google's data protection declaration at the URL https://www.google.de/intl/de/policies/privacy.
13. Information on data transfer to third countries
We use technologies from service providers on our website whose server locations may be in third countries outside the EU or EEA. This also includes the USA. If, as in the case of the USA, there is no adequacy decision from the EU Commission, an adequate level of data protection must be ensured by means of other suitable guarantees. On July 16, 2020, the ECJ decided that the Privacy Shield Agreement between the EU and the USA may no longer be used to transfer personal data to the USA. This means that the sectoral adequacy decision has been repealed.
Suitable guarantees in the form of contractually agreed standard contractual clauses from the EU Commission or binding internal data protection regulations (Binding Corporate Rules) are generally possible, but require a prior review by the contracting parties as to whether an adequate level of protection can be guaranteed. According to the ECJ ruling, it may be necessary to take additional protective measures.
We have generally agreed to the standard data protection clauses issued by the EU Commission and which continue to apply with the third-party technologies we use that process personal data in a third country such as the USA. Where possible, we also agree on additional guarantees to ensure that adequate data protection is guaranteed in the USA or other third countries.
Regardless of this, it may happen that, despite all contractual and technical measures, the level of data protection in the third country does not correspond to that of the EU. In these cases, if necessary, as part of the cookie consent, we ask you for your consent in accordance with Art. 49 Para. 1 lit. a GDPR to the transfer of your personal data to a third country. This applies in particular to data transfer to the USA.
In particular, there is a risk that US authorities may not receive sufficiently limited access rights to your personal data from an EU perspective, without us as the data exporter or you as the data subject noticing this and you may not have any legal remedies available to prevent this or to take action against such access.
13. Information on Data Transfer to Third Countries
We use technologies from service providers on our website, whose server locations may be in third countries, outside the EU or EEA. This includes the USA. If, as in the case of the USA, there is no adequacy decision by the EU Commission, an adequate level of data protection must be ensured through other suitable guarantees. On July 16, 2020, the ECJ ruled that the Privacy Shield agreement between the EU and the USA may no longer be used to transfer personal data to the USA. This means that the sector-specific adequacy decision is lifted.
Appropriate guarantees in the form of contractually agreed standard contract clauses of the EU Commission or binding corporate rules are generally possible but require a prior review by the contracting parties to ensure an adequate level of protection. According to the ECJ judgment, it may be necessary to take additional protective measures.
With the third-party technologies we use, which process personal data in a third country such as the USA, we have generally agreed to the standard data protection clauses issued by the EU Commission, which are still valid. Where possible, we also agree on additional guarantees to ensure sufficient data protection in the USA or other third countries.
Nevertheless, it may happen that, despite all contractual and technical measures, the level of data protection in the third country does not correspond to that of the EU. For these cases, if necessary, we ask you, within the scope of cookie consent, for your consent under Art. 49(1)(a) GDPR for the transfer of your personal data to a third country. This particularly applies to data transfer to the USA.
There is a particular risk that U.S. authorities may potentially receive access rights to your personal data from an EU perspective that are not sufficiently restricted, without us as the data exporter or you as the data subject being aware of it, and you may not have legal remedies to prevent or address such access.
14. Rights of the Data Subject
If your personal data is processed, you are a data subject under the GDPR, and you have the following rights against the controller:
Right of access (Art. 15 GDPR) – You can request confirmation from us, as the controller, whether personal data concerning you is being processed. In the event of processing, you can request the following information from us: purposes of processing, categories of personal data processed, recipients or categories of recipients to whom the personal data has been or will be disclosed, planned retention period of your personal data, existence of the right to rectify or erase your personal data, right to restrict processing, or to object to such processing, the right to lodge a complaint with a supervisory authority, information about the source of the data if not collected from you, existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for you.
You also have the right to know whether your personal data is transferred to a third country or an international organization, and in this context, you can request to be informed about the appropriate safeguards according to Art. 46 GDPR related to the transfer.
Right to rectification (Art. 16 GDPR) – You have the right to obtain from the controller the rectification of inaccurate personal data concerning you without undue delay.
Right to erasure (Art. 17 GDPR) – You can request the erasure of your personal data from us as the controller. We are obligated to promptly delete this data if one of the following reasons applies: (1) the personal data is no longer necessary for the purposes for which it was collected or otherwise processed; (2) you withdraw your consent on which the processing is based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing; (3) you object to the processing pursuant to Art. 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR; (4) the personal data has been unlawfully processed; (5) the erasure of the personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject; (6) the personal data has been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
If we have made your personal data public and are obliged, in accordance with Art. 17(1) GDPR, to erase it, we, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers that are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure does not apply to the extent that processing is necessary (1) for exercising the right of freedom of expression and information; (2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (3) for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR; (4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or (5) for the establishment, exercise, or defense of legal claims.
Right to restriction of processing (Art. 18 GDPR) – Under certain conditions, you can request the restriction of processing of your personal data: if you contest the accuracy of the personal data for a period enabling the controller to verify the accuracy of the personal data; the processing is unlawful, and you oppose the erasure of the personal data and request the restriction of their use instead; the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise, or defense of legal claims, or if you have objected to processing pursuant to Art. 21(1) GDPR, pending the verification whether the legitimate grounds of the controller override your grounds.
If the processing of your personal data has been restricted, such data – with the exception of storage – may only be processed with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. If the processing restriction has been restricted under the conditions mentioned above, you will be informed by the controller before the restriction is lifted.
Right to information (Art. 19 GDPR) – If you have exercised your right to rectification, erasure, or restriction of processing against the controller, the controller is obligated to communicate this rectification or erasure of data or restriction of processing to each recipient to whom the personal data have been disclosed unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
Right to data portability (Art. 29 GDPR) – You have the right to receive the personal data concerning you that you provided to the data controller in a structured, commonly used, and machine-readable format. Additionally, you have the right to transmit these data to another controller without hindrance from the controller to whom the personal data have been provided, provided that (1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and (2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This right to data portability does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
15. Right to Object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions.
If you exercise your right to object, we will no longer process the personal data concerning you, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.
You also have the possibility, in the context of the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by automated means using technical specifications.
16. Right to Withdraw Consent
You have the right to withdraw your data protection consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
17. Automated Individual 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. This does not apply if the decision (1) is necessary for entering into, or the performance of, a contract between you and the data controller, (2) is authorized 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 interests, or (3) is based on your explicit consent.
However, these decisions should not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In the cases referred to in (1) and (3), the data 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 point of view, and to contest the decision.
18. 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 personal data relating to you infringes the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
19. Additional Data Protection Information
If you have further questions regarding data protection, please feel free to contact us. You can find our contact details above under the information about the data controller in this privacy statement or in our imprint.
This privacy statement is provided by
Attorney Kai Harzheim, Hamburg – www.harzheim.eu