Privacy policy

Privacy policy

Stand: 30.03.2021

The protection of your personal data is an important concern for us. We have taken all technical and organisational measures to ensure that the data protection regulations in accordance with the EU Data Protection Regulation (DSGVO), the Federal Data Protection Act (BDSG) and other legal regulations are adhered to by us as well as byservice providers.

The following privacy information is intended to inform you about our handling of the collection, use,processing and disclosure with your personal data.

1. Name and address of the responsible person and scope of application

The responsible person within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is the:

RLE MOBILITY GmbH & Co. KG (nachfolgend RLE)
Brodhausen 1
51491 Overath
Telefon +49 (0) 221 | 8886-0
Telefax +49 (0) 22 1 | 88 86-502
info@rle.de

This data protection notice applies to the internet offer, which can be accessed under the domain www. nova-app.de as well as the various subdomains and connected domains (hereinafter referred to as “websites of the Nova App” or “this website”). Furthermore, this data protection notice applies to the app offered, including thesystem behind it.

2. Contact details of the data protection officer

If you have any further questions regarding the collection, processing and use of your personal data, pleasecontact our data protection officer:
RLE MOBILITY GmbH & Co. KG (nachfolgend RLE)
Data Protection Officer
Brodhausen 1
51491 Overath
Telefon +49 (0) 221 | 8886-0
Telefax +49 (0) 22 1 | 88 86-502
datenschutz@rle.de

3. Definitions

The data protection information of RLE is based on the terms used by the European Directive and Ordinance Maker when issuing the Data Protection Regulation (DS-GVO). Our data protection information should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this privacy notice:

(a)  personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

(b)  person concerned
A data subject is any identified or identifiable natural person whose personal data are processed by thecontroller.

c) Processing
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

(d) restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e)  Profiling
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

f)  Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

(g)  controller or person responsible for processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

(h)  Processors
Processor means a natural or legal person, public authority, agency or other body which processes personaldata on behalf of the controller.

i)  Recipient
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

j)  Third
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the directresponsibility of the controller or the processor.

k)  Consent
Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

4.   Use of the Nova App websites

a. Scope of the processing
Each time our website is accessed, our system automatically collects data and information from the computersystem of the accessing computer.

The following data is collected:

(1)  Information about the browser type and version used
(2)  The IP address of the user (only anonymised)
(3)  Date and time of access
(4)  Request method, called
URL and version of the HTTP protocol.
(5)  Result value of the request (HTTP status code) and the size of the call.
(6)  Websites from which the user’s system accesses our website
(7)  Websites that are accessed by the user’s system via our website

The data is also stored in the log files of our system. This does not affect the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user or is only stored anonymously.

b. Legal basis
The legal basis for the temporary storage of the data is the legitimate interest (Art. 6 para. 1 lit. f DSGVO).

c. Purpose of the processing
The temporary storage of the IP address by the system is necessary to enable 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 is done to ensure the functionality of the website. In addition, we use the data to optimise 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.

These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f DSGVO.

d. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session hasended.

In the case of storage of data in log files, this is the case after 60 days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that anassignment of the calling client is no longer possible.

e. Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

5. Web analysis through Matomo (formerly PIWIK)

a. Scope of the processing
We use the open source software tool Matomo (formerly PIWIK) on our website to analyse the surfing behaviour of our users. The software sets a cookie on the user’s computer (for cookies, see above). If individual pages of our website are called up, the following data is stored:

·      Two bytes of the IP address of the calling system of the user

·      The accessed web page

·      The website from which the user has reached the accessed website (referrer)

·      The subpages that are accessed from the accessed webpage

·      The length of stay on the website

·       The frequency with which the website is accessed

The software runs exclusively on the servers of RLE or on the servers of commissioned service providers. Personal data of the users is only stored there. The data is not passed on to third parties.

The software is set in such a way that the IP addresses are not stored completely, but 2 bytes of the IP address are masked (e.g.: 192.168.xxx.xxx). In this way, it is no longer possible to assign the shortenedIP address to the calling computer.

b.   Legal basis 
The legal basis for the processing of the data is the legitimate interest (Art. 6 para. 1 lit. f DSGVO) for the general use of the tool as well as the explicit consent (Art. 6 para. 1 lit. a DSGVO) of the user (based on the cookie settings) for the collection of user-related statistical evaluations.

c.    Purpose of the data processing 
The processing of the users’ personal data enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. These purposes are also our legitimate interest in processing the data in accordance with Art. 6 Para. 1lit. f DSGVO. By anonymising the IP address, the interest of users in the protection of their personal datais sufficiently taken into account.

d.   Duration of storage 
The data will be deleted as soon as it is no longer required for our recording purposes.

Exact time of automated deletion: 13 months after admission.

e.    Possibility of objection and removal 
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

f.     Further information 
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to thesetting of cookies. Such a setting of the Internet browser used would also prevent Matomo from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Matomo can be deleted at any time via an internet browser or other software programmes.

Furthermore, the data subject has the option to object to and prevent the collection of data generated by Matomo and related to a use of this website. To do this, the data subject must set “Do Not Track” intheir browser.

However, with the setting of the opt-out cookie, there is the possibility that the internet pages of thecontroller are no longer fully usable for the data subject.

Further information and the applicable data protection provisions of Matomo can be found athttps://matomo.org/privacy.

6. Use of cookies on the Nova App websites

a.    Scope of the processing 
The websites of the Nova App use cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user calls up a website, a cookie may bestored on the user’s operating system.

This cookie contains a characteristic string of characters that enables the browser to be uniquely identifiedwhen the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that thecalling browser can be identified even after a page change.

All details on the use of cookies can be viewed via the integrated tool. The link “Cookie details” lists all cookies grouped by category. Non-essential cookies are deactivated by default in accordance withthe privacy-by-default principle.
The following screenshots show the tool in the start screen when the website is accessed for the first time and in the privacy settings with detailed information on all cookies.

The cookies are divided into the following categories:

Technically required (“Essential”)
These are essential cookies that are needed for you to navigate a website and use its features. Withoutthese cookies, some functionalities cannot be guaranteed.

Performance (“Statistics”)
Performance cookies collect information about how a website is used – for example, which pages a visitor visits most often and whether they receive error messages from a page. These cookies do not store any information that allows the user to be identified. The information collected is aggregated and thus evaluated anonymously. These cookies are used exclusively to improve the performance of a websiteand thus the user experience.

Third-party providers (“External media”)
Third-party cookies are created by embedded plugins or add-ons on our website. An example of this is theintegration of Google Maps.

b.    Legal basis
The legal basis for the processing of personal data using technically necessary cookies is legitimateinterest (Art. 6 para. 1 lit. f DSGVO).

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6para. 1 lit. a DSGVO if the user has consented to this.

c.   Purpose of the processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

The user data collected through technically necessary cookies are not used to create user profiles.

Performance cookies are used to improve the quality of our website and its content. Through these statistics, we learn how the website is used and can thus constantly optimise our offer.

d.    Duration of storage
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

For the preset expiry time and further information on the respective cookies, please refer to the listing ofthe tool as described in the procedure.

e.   Further possibilities of restriction by the user
Furthermore, users can take the following steps to switch on the “Do-Not-Track” function in commonbrowsers:

·       Firefox:
o   https://support.mozilla.org/de/kb/wie-verhindere-ich-dass-websites- mich-verfolgen

·      Internet Explorer:

o   https://support.microsoft.com/de-de/help/17288/windows-internet- explorer-11-use-do-not-track

·      Chrome:

o   https://support.google.com/chrome/answer/2790761

·      Edge:

o   https://privacy.microsoft.com/de-de/windows-10-microsoft-edge-and- privacy

o   Tracking Prevention in Microsoft Edge (Chromium) – Microsoft Edge Development | Microsoft Docs

Please note that you can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or can exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find thesefor the respective browsers under the following links:

·       Firefox:

o   https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

·      Internet Explorer:

o   http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow- cookies

·      Chrome:

o   http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&ans wer=95647

Please note that if you do not accept cookies, the functionality of our website may be limited.

7.   Use of the contact form on the Nova App web pages

a.    Scope of the processing
Our website contains a contact form that can be used for electronic contact. If a user makes use of this option, the data entered in the input mask is transmitted to us and stored. These data are:

·       Name (optional)
·      Company (optional)
·       Address (optional)
·      Email address
·       Message

The following data is also stored at the time the message is sent:

·      The IP address of the user
·      Date and time of registration

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personaldata transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively forprocessing the conversation.

b.   Legal basis
The legal basis for processing the data is the legitimate interest (Art. 6 para. 1 lit. f DSGVO).

The legal basis for processing the data transmitted in the course of sending an e- mail is also the legitimate interest (Art. 6 para. 1 lit. f DSGVO). If the e-mail contact aims at the conclusion of a contract, the legal basis for the processing is the implementation of pre-contractual measures (Art. 6 para. 1 lit.b DSGVO).

c.    Purpose of the data processing
The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

d.   Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period ofseven days at the latest.

e.    Possibility of objection and removal
The user has the option to object to the storage of personal data at any time. If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time. In such a case, theconversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

8.   Using the Nova App

When using the Nova App, various personal data and information are requested which are stored in oursystems for various purposes.

a.    Scope and purpose of the processing
The following data is collected in the course of using the Nova App:

(1)  Login data

The following data is collected in the course of registration:

·      Name, first name
·      E-mail address (with Apple, if necessary also pseudonymised)

(2)  Contact details

In the context of contact tracing regarding COVID-19, we store the following data in addition to your registration data in order to provide them to the public health department in the event of an infectedperson to identify potential contacts:

·      Telephone number (mobile)
·      Address (street, postcode, city, country)

(3)  Times and place of your stay
As part of the contact tracing regarding COVID-19, in addition to registration and contact data, we also store the time of your stay in facilities that use the Nova app in order to provide this to the health department in the event of an infected person to identify potential contacts, thus enabling contact tracing. The following data is collected:

·      Time at which the facility is entered (“check-in”)
·      Time at which the facility is left (“check-out”)
·      Name of the institution and its location

(4)  Health issues

Your answers to the health questions will only be requested for the purpose of exercising housekeeping rights, but will not be stored.

b.   Legal basis
The decisive legal basis for the processing of data in the course of using the Nova App for contact tracing regarding COVID-19 is the fulfilment of a legal obligation of the operators of the facilities using the Nova App according to Art. 6 para. 1 lit. c DSGVO. The obligation results from the respective country-specific Corona Virus Protection Ordinance – CoronaSchV.

The data collected by the Nova App beyond the country-specific regulations is based on the consent / fulfilment of the GTC contract (according to Art. 6 para. 1 lit. a / b DSGVO), which comes about when using the Nova App after completing the registration. The data will be explicitly identified when collected inthe Nova App.

c.    Duration of storage 

(1)  Login data

Login data is stored for as long as the user actively operates the account. After a period of 180 days of inactivity, during which no logins are recorded by the system, the user is automatically notified by e-mail. If there is also no login in the following 21 days, the data will be automatically deleted after 201 days.

The linking of all other data (contact data) with the user account is then also removed.

(2)  Contact details

Contact data is managed in the same way as registration data.

They are stored as long as the user actively operates the account. After a period of 180 days of inactivity, during which no logins are recorded by the system, the user is automatically notified by e-mail. If there is also no login in the following 21 days, the data is automatically deleted after 201 days.

(3)  Times and place of your stay

Times and places of stays will be deleted at the latest one month after the end of the respective event.

(4)  Health issues

Your answers to the health questions will only be requested for the purpose of exercising housekeeping rights, but will not be stored.

d.   Possibility of objection and removal
The provision of your data in the course of using the Nova App is voluntary. Nevertheless, without this provision we cannot contact you, send you information and fulfil the other purposes mentioned.

In the case of the COVID-19 contact tracing survey, unfortunately you will not be able to use the NovaApp without providing your data.

There is no possibility of objection or removal due to the described legal obligation to collect the data.

e.    Disclosure of data to third parties
The data described here will only be passed on to the competent health authorities in the event of anecessary COVID-19 contact.

The only exception is the temporary provision of registration and contact data for operators of establishments that use the Nova App and rely on the check-in procedure via the operator. This is necessary to enable operators to fulfil their imposed duty of control to ensure the correctness of thedata.

If the user of a facility checks in with the operator (by scanning the operator’s QR code), the operator is given the necessary possibility of control by temporarily displaying the registration and contact dataonce within the Nova app.

The data is displayed to the operators via the Nova app, but is not stored with the operator.

Beyond that, we do not pass on your data to third parties. A transfer to a third country is alsoexcluded, unless you are located in a third country yourself.

9.   Data security

RLE and all appointed processors maintain current technical and organisational measures (“TOM”) toensure data security, in particular to protect your personal data from risks during data transmissions and from third parties gaining knowledge. These are adapted tothe current state of the art.
 

10. Technical and organisational measures (“TOM”)

A detailed overview of the current technical and organisational measures used for the respective dataprocessing can be provided at any time upon request.

11. Hosting and subcontractors

a.    Overview of the processors

Company Incl. address
LAWRENZ
Advertising Agency – The Qualifiers
Großdresbach 5, 51491 Overath
Processing /Purpose
Storage ofwebsitehosting data
Type of data
Website data
Place of Data management
Germany
Categories of affected persons
Users of thewebsite

Company Incl. address
Google Ireland Limited 
Gordon House, Barrow Street 
Dublin 4, Ireland 
Processing /Purpose
Storage of the data for hosting the app
Type of data
All datacollected in thecourse of theapp use
Place of Data management
Germany
Categories of affected persons  
Users of the app incl. operator

b.    Further information on LAWRENZ
RLE uses the services of the company “Werbeagentur LAWRENZ – Die Qualitäter”, Großdresbach 5, 51491 Overath, Germany (hereinafter referred to as LAWRENZ) for the operation of the websites atwww.nova-app.de.

This website currently uses the web hosting provider Host Europe GmbH, Hansestrasse 111, 51149 Cologne, Germany, for the operation of the above- mentioned pages.

A web hosting provider provides the technical infrastructure, such as servers, databases, web space, FTP access and similar, which is required to operate a website. This means that personal data collected directly by RLE in the course of visiting the Nova App websites is stored in databases whose infrastructure is provided by Host Europe.

The data protection declaration of Host Europe GmbH can be viewed athttps://www.hosteurope.de/AGB/Datenschutzerklaerung/.

RLE has also concluded a contract for commissioned processing with LAWRENZ. This contract regulates the scope, type and purpose of LAWRENZ’s processing options.

c.   More information about Google
For the provision of the Nova App (hosting) and the associated services, RLE uses the services of the company “Google Ireland Limited”, Gordon House Barrow Street, Dublin 4, Ireland (hereinafter Google).

Google provides the technical infrastructure, such as servers, databases and the like, which are required to operate the Nova App. This means that personal data collected directly by RLE, as described above, is stored in databases whose infrastructure is provided by Google.

In order to ensure the security of the data, RLE selects the processors very carefully and only according to the highest standards. For example, Google holds the following internationally recognised certifications for the services concerned: ISO 27001, 27017, 27018.

RLE has also concluded an order processing contract with Google. This contract regulates the scope,type and purpose of Google’s processing options.

12. Transfer of data to third parties or to a third country

Our employees and the service companies commissioned by us are obliged by us to maintain confidentiality and to comply with the provisions of the current data protection laws. Access to personal data by our employees is limited to those employees who require the respective data due to theirprofessional duties.

13. Links

If you use external links that are offered within the framework of our Internet pages, this data protectiondeclaration does not extend to these links.

When we provide links to other websites, we endeavour to ensure that they also comply with our data protection and security standards. However, we have no influence on other providers’ compliance with data protection and security regulations. Therefore, please also inform yourself about the data protection declarations provided on the websites of the other providers.

14. Your rights / rights of the data subjects

The following list includes all rights of data subjects under the GDPR. Rights that are not relevant to your own website do not need to be mentioned. In this respect, the list can be shortened.

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

a.    Right to information
You may request confirmation from the controller as to whether personal data relating to you isbeing processed by us.

If there is such processing, you can request information from the controller about the following:

(1)  the purposes for which the personal data are processed;
(2)  the categories of personal data which are processed;
(3)  the recipients or categories of recipients to whom the personal data concerning you have been orwill be disclosed;
(4)  the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage duration;
(5)  the existence of a right to rectify or erase personal data concerning you, a right to have processingrestricted by the controller or a right to object to such processing;
(6)  the existence of a right of appeal to a supervisory authority;
(7)  any available information on the origin of the data if the personal data are not collected from thedata subject;
(8)  the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.

b.   Right of rectification
You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without unduedelay.

c.    Right to restrict processing
You may request the restriction of the processing of personal data concerning you under the followingconditions:

(1)  if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2)  the processing is unlawful and you object to the erasure of the personal data and request insteadthe restriction of the use of the personal data;
(3)  the controller no longer needs the personal data for the purposes of processing but you need them for the establishment, exercise or defence of legal claims; or
(4)  if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

Where the processing of personal data relating to you has been restricted, those data may be processed, with the exception of their storage, only 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 ofsubstantial public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you willbe informed by the controller before the restriction is lifted.

d.   Right to erasure

a)  Obligation to delete

You may request the controller to erase the personal data concerning you without delay and the controller is obliged to erase this data without delay if one of the following reasons applies:

(1)  The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2)  You revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.
(3)  You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of theGDPR.
(4)  The personal data concerning you have been processed unlawfully.
(5)  The deletion of personal data concerning you is necessary for compliance with a legal obligationunder Union or Member State law to which the controller is subject.
(6)  The personal data concerning you has been collected in relation to information society servicesoffered pursuant to Art. 8(1) DSGVO.

b)  Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to, or copies orreplications of, that personal data.

c)  Exceptions

The right to erasure does not exist insofar as the processing is necessary

(1)  to exercise the right to freedom of expression and information;
(2)  for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3)  for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art.9(3) DSGVO;
(4)  for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5)  to assert, exercise or defend legal claims.

e.    Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the controller.

f.     Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that

(1)  the processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2)  the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affectthe freedoms and rights of other persons.

The right to data portability shall not apply to 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.

g.   Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processingof personal data relating to you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.

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

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you willno longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

h.   Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

i.     Automated decision in individual cases 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 doesnot apply if the decision

(1)  is necessary for the conclusion or performance of a contract between you and the controller,

(2)  is authorised by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimateinterests; or

(3)  is done with your express consent.

However, these decisions must not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest thedecision.

As a responsible company, we do not use automatic decision-making or profiling.

j.     Right to complain to 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 residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringesthe GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

15. Other

Parts of this privacy statement were created by the privacy statement generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Munich, in cooperation with the lawyer for data protection law Christian Solmecke.

16. Change to our privacy policy

We reserve the right to change our security and data protection measures insofar as this becomes necessary due to technical developments or legal changes. In these cases, we will also adapt our data protection information accordingly. Please therefore refer to the respective current version of our dataprotection declaration.

 

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