Rights of data subjects and users
The following rights apply to data subjects:
a) Right to confirmation and information (Art. 15 GDPR)
Data subjects shall have the right to obtain confirmation from the person responsible as to whether his/her personal data is being processed. For this purpose, data subjects may contact employees of Wilde Beissel von Schmidt GmbH at any time.
b) Right to information
In addition to such confirmation, data subjects also have the right to obtain information on their personal data processed and to request the following information:
- The purpose of the processing
- The categories of personal data that is being processed
- The recipients or categories of recipients to whom the personal data has been or will be disclosed, especially with regard to recipients in third countries or international organisations
- If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- The existence of a right to correction or deletion of the personal data concerning him/her or of right to having the processing limited by the controller or a right to object to this processing, taking legal restrictions into account to which Wilde Beissel von Schmidt GmbH is subject.
- The existence of a right of complaint to a supervisory authority
- If the personal data are not collected from the data subject: all available information on the data’s’ source
- The existence of automated decision-making, including profiling, in accordance with Art. 22 Paragraph 1 and 4 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.
In addition, data subjects have the right to be informed if personal data are transmitted to a third country or an international organisation and what suitable guarantees are, in accordance with Art. 46 GDPR, used in the context of a transmission.
Furthermore, a copy of the personal data processed can be requested from the person responsible.
You can approach an employee of Wilde Beissel von Schmidt GmbH at any time to exercise your right to information.
c) Right to correction (Art. 16 GDPR)
Under Art. 16 GDPR, data subjects have the right to demand that the person responsible corrects incorrect personal data relating to them. This also includes the completion of incomplete data.
You can approach an employee of Wilde Beissel von Schmidt GmbH at any time to exercise your right to completion.
d) Right to deletion / Right to be forgotten (Art. 17 GDPR)
Data subjects shall have the right to demand immediate deletion of their personal data from the person responsible. The person responsible must comply with this request if one the following reasons applies in accordance with Art. 16 GDPR:
- The personal data are no longer required for the purposes they have been collected or processed for.
- The data subject withdraws their consent on which the processing was based in accordance with Art. 6 (1) (a) or Art. 9 (2) (a) and there is no other legal basis for the processing.
- The data subject objects to the processing in accordance with Art. 21 (1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Art. 21 (2).
- The personal data was processed illegally.
- The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data were collected in relation to information society services offered in accordance with Art. 8 (1).
If processing is necessary
- to exercise the right of freedom of expression and information,
- to fulfill a legal obligation,
- for reasons of public interest in the field of public health – or for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes,
- to assert, exercise or defend legal claims,
this requirement does not apply.
If the personal data have been made public by the data controller and our company as data controller is obliged to delete the personal data pursuant to Art. 17 (1) GDPR, we will take reasonable measures, including technical measures, taking into account implementation costs and available technology, to inform other data controllers processing the published personal data that the data subject has requested these other data controllers to delete all links to these personal data or copies or replications of these personal data, unless the processing is necessary.
If you as the person concerned wish to have your personal data deleted under the described conditions, we will comply with this request without delay. Please contact an employee of Wilde Beissel von Schmidt GmbH for this purpose.
e) Right to restrict processing (Art. 18 GDPR)
Under Art. 18 of the GDPR, data subjects have the right to request the controller to restrict processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by the data subject. In that case, the processing must be stopped for a period of time which allows the controller to verify the accuracy of the personal data.
- The processing is unlawful. The data subject refuses to have his personal data deleted and instead requests that the use of his personal data be restricted.
- The personal data are no longer needed by the controller for the purposes of the processing. However, the data subject needs them in order to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing, but it is not yet clear whether the controller’s legitimate reasons outweigh those of the data subject.
You are welcome to contact an employee of Wilde Beissel von Schmidt GmbH if one of these conditions is met and you as a data subject request the restriction of the processing of your personal data.
f) Right to data transferability (Art. 20 GDPR)
Data subjects shall have the right to obtain the personal data concerning them which they have supplied to the controller in a standard, structured and machine-readable format. Moreover, data subjects shall have the right to have such data communicated to other controllers without the hindrance of the controller to whom the personal data has been made available, if such processing is based on consent and if it is carried out by means of automated procedures. This shall 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.
In addition, the data subject has the right to obtain that personal data be transferred directly from one controller to another, insofar as this is technically feasible.
g) Right of objection (Art. 21 GDPR)
Data subjects shall have the right to object at any time, on the grounds relating to their particular situation, to the processing of personal data concerning them carried out pursuant to Article 6(1)(e) or (f) GDPR, including profiling based on these provisions. The controller no longer processes the personal data unless he or she can demonstrate compelling legitimate reasons for doing so which outweigh the interests, rights and freedoms of the data subject, or unless the processing is carried out in order to assert, exercise or defend legal claims.
Where personal data are processed for the purpose of direct marketing, the data subject shall have the right to object at any time to the processing of personal data relating to him/her for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.
Data subjects must be informed of these rights at the latest at the time of the first communication. This is done by means of this data protection declaration, as well as by a separately provided initial information.
According to Art. 21(6) of the GDPR, data subjects also have the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them for the purposes of scientific or historical research or for statistical purposes, as referred to in Art. 89(1), except where such processing is necessary for the fulfilment of a task carried out in the public interest.
You can approach an employee of Wilde Beissel von Schmidt GmbH at any time to exercise your right of objection.
h) Automated decisions in individual cases including profiling (Art. 22 GDPR)
Under Art. 22(1) GDPR, data subjects have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects vis-à-vis them or significantly affects them in a similar way. This does not apply in the following situations:
- The decision is necessary for the conclusion or fulfilment of a contract between the data subject and the data controller.
- The decision is authorised by Union law or the law of the Member States to which the person responsible is subject. Such legislation must contain appropriate measures to safeguard the rights and freedoms and legitimate interests of the persons concerned.
- The decision is made with the explicit consent of the person concerned.
Should the decision
- be necessary for the conclusion or fulfilment of a contract between the data subject and the controller or
- be made with the explicit consent of the person concerned, Wilde Beissel von Schmidt GmbH will take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain the intervention of the person responsible, to express his or her point of view and to challenge the decision.
Data subjects can approach an employee of Wilde Beissel von Schmidt GmbH at any time to assert rights with regard to automated decisions.