TrustCerts Privacy Policy

1. rights of the data subject

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights against us as the controller:

1.1 Right to information according to Art. 15 DSGVO

You can request confirmation from us as to whether personal data concerning you is being processed by us.

If such processing exists, you can request information from us about the following:

  1. the purposes for which the personal data are processed;
  2. The categories of personal data that are processed;
  3. the recipients or categories of recipients to whom your personal data have been or will be disclosed;
  4. the planned duration of the storage of your personal data or, if concrete information on this is not possible, criteria for determining the storage duration;
  5. the existence of a right to rectification or erasure of your personal data, a right to restriction of processing by us or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. any available information about the origin of the data, if the personal data is not collected from the directly from you;
  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 you.

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

1.2 Right of rectification Art. 16 DSGVO

You have a right to rectification and/or completion if the personal data processed about you is inaccurate or incomplete. We shall carry out the rectification without undue delay.

1.3 Right to deletion according to Art. 17 DSGVO

1.3.1 You may request us to delete your personal data immediately. We are obliged to delete this data immediately if one of the following reasons exists:

  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 Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
  4. The personal data concerning you have been processed unlawfully.
  5. The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law.
  6. The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

1.3.2 If we have made your personal data public and are obliged to erase it pursuant to Article 17(1) of the GDPR, we shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform the data controller processing the personal data that you, as the data subject, have requested the erasure of all links to, or copies or replications of, such personal data.

1.3.3   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 paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
  5. for the assertion, exercise or defense of legal claims

1.4 Right to restriction of processing according to Art. 18 DSGVO

Under the following conditions, you can request the restriction of the processing of your personal data:

  1. if you dispute the accuracy of your personal data for a period of time that enables 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 instead the 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 assertion, exercise or defense of legal claims, or
  4. if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

If the processing of your personal data has been restricted, these data - apart from their storage - may only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

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

1.5 Right to information according to Art. 19 DSGVO

If you have asserted the right to rectification, erasure or restriction of processing against us, we are obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed by us about these recipients.

1.6 Right to data portability according to Art. 20 DSGVO

You have the right to receive your personal data provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another responsible party without hindrance from us, provided that

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

In exercising this right, you also have the right to have your personal data transferred directly from us to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does 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 us.

1.7 Right of objection according to Art. 21 DSGVO

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

Thereupon, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data 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, your personal data will no 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.

1.8 Right to revoke the declaration of consent under data protection law

In accordance with Art. 7 (3) sentence 1 DSGVO, 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.

1.9 Automated decision in individual cases including profiling

Pursuant to Article 22(1) of the GDPR, 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 the conclusion or fulfillment of a contract between you and the responsible party,
  2. is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  3. is done with your express consent.

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

With regard to the cases mentioned in a. and c., we take reasonable measures to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain our intervention, to express our own point of view and to contest the decision.

1.10 Right to complain to a supervisory authority pursuant to Art. 77 DSGVO

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, workplace or the place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR.

The supervisory authority to which the complaint has been submitted will inform you of the status and outcome of your complaint, including the possibility of a judicial remedy under Article 78 GDPR.

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