I. General information on data processing
We take the protection of your personal data very seriously. We process your personal data collected when you visit our website in compliance with the applicable data protection regulations. Your data will neither be disclosed nor transmitted to third parties by us without your permission. Below we explain what data we collect during your visit to our website and how exactly it is used.
You can print or save this document by using the usual functionality of your Internet service program (i.e. your browser, usually "File" -> "Save as"). You can also click here to download and save this document in PDF format. To open the PDF file, you need the free program Adobe Reader (available at www.adobe.de) or similar programs that can display the PDF format.
II. Scope and providing controller
This Data Protection Declaration explains the nature, scope and purpose of the collection and use of personal data for the user. The controller 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 provisions is:
FUN FACTORY GmbH
Am Hohentorshafen 17-19
Tel: +49 (0) 421 520760
Fax +49 (0) 421 5207629
Website: www.funfactory.com / shop.funfactory.com
However, this does not apply to the webpages of other providers which you can find links to on our webpages.
If you wish to object to the collection, processing or use of your data by us in accordance with this Data Protection Declaration in whole or for individual actions or withdraw your consent, you can send your objection or withdrawal by email, fax or letter using the contact information above.
The supervisory authority governing us is:
The State Commissioner for Data Protection and Freedom of Information of the Free Hanseatic City of Bremen at Arndtstraße 1
Tel: 0471 596 2010 or 0421 361 2010
Fax: 0421 496 18495
For questions or comments on data protection, you can also contact our data protection officer. The data protection officer appointed by us can be reached via email (email@example.com).
III. The processing of personal data
Personal data means any information concerning an identified or identifiable natural person. 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 by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. These include, for example, name, date of birth, address, email address, telephone number or IP address.
In some cases, we may require personal information from you, namely:
•For ordering and order processing.
•For participation in competitions.
•For communication with us.
•For subscription to our newsletters.
•For marketing activities, e.g. to send you information of an advertising nature, unless you disagree.
We individually collect, store and process data during the entire process of your purchase, including any subsequent warranties, to prevent misuse of our website and inform you of orders, products, services and offers. We use the personal data transmitted to us only for the purposes for which they were provided to us. The collection and use of the personal data of our users is carried out on a regular basis only with the consent of the user. An exception applies to cases where prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.
Our website is not intended for children and we do not knowingly collect personal data from children.
If a child under the age of 16 years transmits his or her personal data to us, this will be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child. For this purpose, the contact details of the parent or guardian must be provided to us in accordance with Art. 8 para. 2 GDPR in order to convince us that consent is given or authorised by the holder of parental responsibility over the child. Such data along with the child's data will then be processed in accordance with this Data Protection Declaration.
If we find that a child under the age of 16 years has sent us personal data without the consent or authorisation of the holder of parental responsibility over the child, we will promptly delete the data.
IV. Legal basis for the processing of personal data
To the extent that we obtain the consent of the data subject for processing their personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
For the processing of personal data necessary for the performance of a contract to which the data subject is party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to the processing required when taking steps prior to entering into a contract.
To the extent that processing is necessary for compliance with a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
To the extent that processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, Art. 6 para. 1 lit. f GDPR serves as the legal basis.
In such cases, the data subject shall have the right to object, on grounds concerning his or her particular situation, to the processing of personal data concerning him or her at any time which is based on Art. 6 para. lit. 1 f GDPR (data processing based on the balance of interests). If the data subject objects, the controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. The objection can be expressed in any form and should be directed as far as possible to the contact information of FUN FACTORY GmbH listed above.
V. Data processing when using our online store
1.Ordering and order processing
In our online store, you can shop in two ways. You can sign up during the ordering process or place the order without signing up. When you sign up, we ask you for various information that is important for the customer relationship. By signing up, you can perform many operations such as tracking your orders and changing your data stored by us (for example, if your address needs to be changed). The data is entered into an input mask and transmitted to us for storage. The following data is collected during the registration process: Title, first name, last name and email address.
As part of the registration process, we will obtain your consent to the processing of your data.
The legal basis for the processing of the data in the presence of the consent of the user is Art. 6 para. 1 lit. a GDPR. If registration is necessary for the performance of a contract to which the user is party or taking steps prior to entering into a contract, the additional legal basis for the processing of the data 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 your order, we need your correct name, address and payment details as well as your telephone number.
We need your email address, so that we can confirm the order and communicate with you. Plus, we will send your order and shipping confirmations to your email address. Furthermore, we store your name and address data as well as your telephone number for order processing and, if necessary, transmit them to third parties acting on our behalf for this purpose. These include, for example, a delivery service. The data transmitted in this manner may only be used by the recipient for the purpose of performing their tasks. Any other use of the data is not permitted. Third parties to whom the data is transmitted as part of order data processing are also subject to data protection regulations and contractual confidentiality obligations.
In order to process payments, we will transmit the payment data required for this purpose to the credit institution responsible for the payment and, if applicable, any payment service providers appointed by us or selected by you in the ordering process.
Data processing takes place at your request and for the performance of the contract. The legal basis for data processing is Art. 6 para. 1 (1) lit. b GDPR.
Your personal data stored by us will be deleted completely after the end of the purpose of use, unless, in accordance with Art. 6 para. 1 (1) lit. c GDPR, we are obliged to retain the data for a longer period of time due to tax, commercial safekeeping and documentation obligations (under HGB [German commercial code], StGB [German penal code] or AO [German tax code]).
In this case, your personal data will be deleted after 10 years at the latest. Any further storage of your personal data will only take place if you have given voluntary consent to this in accordance with Art. 6 para. 1 (1) lit. a GDPR.
Furthermore, the general retention period of your personal data may exceptionally be up to 30 years, to the extent necessary for the establishment, exercise or defence of legal claims.
2.Purchase on account via Paymorrow
When paying via Paymorrow GmbH, personal data will be transmitted to the payment service provider Paymorrow (Paymorrow GmbH, Alstertor 9, D-20095 Hamburg) and further processed there.
For the "Purchase on account" payment method, Paymorrow checks whether the customer's request for a purchase on account can be accepted with regard to possible payment and default risks (through acceptance test in accordance with risk guidelines) or another payment method should be used in consultation with us.
For this purpose, Paymorrow carries out its own acceptance check after you click the desired "Purchase on account" payment method. To this end, identity, credit rating and credit assessment with the below-mentioned credit bureaus is required. Here, you need the following personal data: Title, first name, last name, place of residence (street, house number, zip code, city), date of birth and telephone number.
As part of the ordering process, you are therefore requested to consent to the storage, processing and use of your personal data by us or Paymorrow for the purpose of checking your identity, credit rating and credit assessment and to the transfer of such data to credit bureaus, including the disclosure of data. Paymorrow reserves the right, for the purposes set out above, to transmit or provide access to personal data to its service providers or financial partners to the extent necessary for the performance of its obligations. Of course, we will respect the customer's decision not to give the consent. In this case, however, neither we nor Paymorrow can correspond to your request for a purchase on account order.
As part of the identity verification, you consent to the transfer of your personal data by Paymorrow to SCHUFA (SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden) for the purpose of identity verification. SCHUFA will then return to Paymorrow the match rate between the personal data stored by it and the personal data provided by you and, if necessary, transfer back to Paymorrow a reference to a past identity card-based legitimacy check carried out at SCHUFA or another contractual partner.
Paymorrow can thus use the transmitted match rate to determine whether a person entry is stored under the address provided by you in SCHUFA's database. No further exchange of data, transfer of different addresses or storage of your data in SCHUFA's database will happen. The fact of the address check with SCHUFA is stored for reasons of evidence alone.
For credit assessment purposes, Paymorrow or its contracted partners will transmit your address details to credit bureaus for credit rating and credit check when you sign up for a purchase on account, to the extent legally permissible, taking into account their respective legitimate interests and to the exclusion of transfer or use.
For the purpose of credit check, we collect information about your purchase and payment history and credit information based on mathematical-statistical procedures using address data (scoring for the probability of payment) from the following credit bureaus that store the data for the provision of information:
Bürgel, Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, D-22761 Hamburg, Tel.: +49 (0) 40 - 89 80 3 - 0, Fax: -777;
CEG, Creditreform Consumer GmbH, Hellersbergstr. 11, D-41460 Neuss, Tel.:+49(0)2131-109-501, Fax: -557;
Deltavista, Deltavista GmbH, Freisinger Landstr. 74, D-80939 Munich, Tel.: +49 (0)89 - 7244880, Fax: - 22;
infoscore Consumer Data GmbH, Abteilung Datenschutz, Rheinstraße 99, D-76532 Baden-Baden, Fax: +49 (7221) 5040-3201;
"Real" Inform GmbH, Normannenweg 32, D-20537 Hamburg, Fax: +49 40 23 88 14-59.
You can inquire about the data stored about you directly with the above-mentioned credit bureaus. Such credit bureaus may also be provided with data on the conclusion of the contract as well as the application, commencement and/or termination of a contractual relationship. Likewise, we or Paymorrow can provide the credit bureaus with data about any breaches of the contract. The credit bureaus store such data in order to be able to provide their contracted partners information for credit assessment of the customer or the address of the customer for debtor identification, upon the presentation of credible evidence of legitimate interests. Paymorrow ensures that the above-mentioned credit bureaus process and/or use your personal data exclusively within the scope of "credit rating and credit assessment" purposes.
The data processing serves the purpose of offering the selected payment method as well as the necessary identity, credit rating and credit assessment. Processing is legally based on Art. 6 para. 1 lit. a GDPR with your consent. You may withdraw your consent at any time by notifying us for the future processing without affecting the lawfulness of processing based on consent before its withdrawal.
3. Payment service provider PAYONE
When paying via BS PAYONE GmbH, personal data is transmitted to the payment service provider BS PAYONE GmbH, Fraunhoferstraße 2-4, 24118 Kiel, Germany (hereinafter referred to as 'Payone') and further processed there.
We offer the following payment methods on our website via PAYONE: 'Paydirekt', 'Kreditkarte' and 'Giropay'.
Processing is legally based on Art. 6 para. 1 lit. a GDPR with your consent. You may withdraw your consent for the future at any time by notifying us. This does not affect the lawfulness of the processing based on the consent granted before its withdrawal.
VI. Data processing and use in customer service
When you contact us (via contact form, email and online chat or through our social media platforms), your details will be stored for the purpose of processing your request and following up with questions (if any). For quicker and more accurate processing of your inquiries, we use the Zendesk ticketing system, a customer service platform from Zendesk Inc. at 989 Market Street #300, San Francisco, CA 94102. We provide the following personal data to Zendesk in the United States. Zendesk has voluntarily certified itself under the US-EU Privacy Shield and is thereby committed to complying with EU privacy regulations.
If you contact us via online chat, necessary data such as last name, first name and email address will be collected through our website to enable us to respond to your request. By contacting us via online chat, you consent to the processing of your personal data by Zendesk.
The legal basis for the processing of your data in the presence of your consent is Art. 6 para. 1 lit. a GDPR.
If you contact us through social media platforms, we would like to point out that they are not our property and beyond our control. We therefore have no influence on the type and extent of data processing by the respective platforms.
VII. Data processing and use when sending newsletters
You can subscribe to free newsletters on our website. The data from the input mask is transmitted to us when you subscribe to the newsletters. After your subscription, we will send you a confirmation email containing a link which you must click to finish the subscription (double opt-on).
Through the newsletters, we will inform you about us and our offers. If you would like to receive the newsletters, we need at least a valid email address and your name from you. Additional data provided by you voluntarily will be only used to personalise the newsletters, but is not mandatory. If you subscribe to the newsletters, we will store your IP address and the date and time of subscription. If you click on the confirmation link in our first email, your IP address will be permanently saved. This storage serves solely as evidence in the event that a third party misuses an email address and subscribes to the newsletters without the knowledge of the person entitled. If the confirmation link is not clicked within 30 days, the data entry (both email address and IP address) will be deleted.
The data collected by us when registering for the newsletter will be used exclusively for the purposes of advertising via newsletters.
For the process of distribution, we provide such data to the distribution service provider Episerver Inc. at 542 Amherst Street, Nashua, NH 03063, USA ("Episerver") and Klaviyo Inc, Floor 10., 225 Franklin St, Boston, MA 02110, USA ("Klaviyo") who acts on our behalf. Please note that Klaviyo usually transfers your data to a server in the USA. To protect your data in the USA, we have concluded a data processing agreement ("Data-Processing-Agreement") with Klaviyo on the basis of the standard contractual clauses of the European Commission to enable the transmission of your personal data to Klaviyo. Episerver and Klaviyo are also certified under the US-European data protection agreement "Privacy Shield" and thus undertake to comply with EU data protection regulations. The data protection regulations of Episerver can be viewed at: https://www.episerver.com/legal/privacy-statement/. The data protection regulations of Klaviyo can be viewed at: https://www.klaviyo.com/privacy/policy.
The newsletters contain so-called "web-beacons", i.e. a tiny file retrieved from the server of the distribution service providers when the newsletter is opened. It is used to obtain technical information like browser and system data, as well as your IP address and the time. This information is used to improve the technical performance of the services based on the specifications or audience and their reading habits depending on the retrieval locations (which can be determined using the IP address) or the time of access.
Statistical surveys are also used to determine whether the newsletters are opened, when they are opened and what links were clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is not our desire to observe individual users. The evaluations serve more to recognise our users' reading habits and to adapt our content to them or to send different content according to our users' interests.
If you wish to deactivate data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
Furthermore, the distribution service provider Klaviyo can use this data according to Art. 6 (1) point f GDPR even on the basis of its own legitimate interest in the demand-oriented design and optimization of the service as well as for market research purposes, for example to determine from which countries recipients come. However, Klaviyo does not use the data of our newsletter recipients to address those recipients or pass that data on to third parties.
The legal basis for sending the newsletter is Art. 6 para. 1 lit. a, 7 GDPR and Section 7 para. 2 No. 3, and para. 3 German UWG [German act against unfair competition]. The use of the distribution service provider Klaviyo, the conduct of statistical enquiries and analyses and the logging of the subscription process are based on our legitimate interests under Art. 6 para. 1 lit. f GDPR. Our interest is to use a user-friendly and secure newsletter system that serves both our business interests and the expectations of our users.
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The user's email address is therefore stored as long as the subscription to the newsletter is active.
Subscription to the newsletter can be cancelled at any time either by a message to the contact option listed below or via a dedicated link at the end of each newsletter.
VIII. External tools
1.Integration of the Trusted Shops Trustbadge
To display our Trusted Shops mark and any collected reviews as well as to offer the Trusted Shops products to buyers after ordering, the Trusted Shops Trustbadge is integrated to our website.
This serves to protect our interests in the context of optimisation of the marketing of our offers. The Trustbadge mark and the services advertised are provided by Trusted Shops GmbH at Subbelrather Str. 15C, D-50823 Cologne.
When the Trustbadge is invoked, the web server automatically stores a server log file which contains, for example, your IP address, date and time of invoking, amount of data transmitted and the requesting provider (access data) and documents the invoking. Such access data will not be evaluated and will be automatically overwritten no later than seven days after the end of your page visit.
Further personal data will be transmitted to Trusted Shops only if you decide to use Trusted Shops products or have already signed up for the use after the completion of your order. In this case, the contractual agreement entered into between you and Trusted Shops applies.
The integration of the Trustbadge takes place on the legal basis under Art. 6 para. 1 lit. f GDPR.
2.Social media buttons with privacy "Shariff"
Our website uses social media plug-ins ("plug-ins") of the social network Facebook and the microblogging service Twitter. Such services are offered by companies Facebook Inc. and Twitter Inc. ("provider").
Facebook is operated by Facebook Inc. 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). An overview of the Facebook plug-ins and their appearance can be found at developers.facebook.com/docs/plugins.
Twitter is operated by Twitter Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). An overview of the Twitter buttons and their appearance can be found at twitter.com/about/resources/buttons.
In order to enhance the protection of your data when you visit our website, the "Shariff" social media button from Heise Online is integrated into our website. This integration ensures that when you visit a page of our website that contains such plug-ins, no connection is established with the servers of Facebook or Twitter. Only when you actively click on the Share button does the "Shariff" button establish direct contact between the provider and the visitor.
For more information about "Shariff", visit www.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html.
If you do not want Facebook or Twitter to link the data collected via our website directly to your user account with the respective service, you must log out of the relevant service before activating the plug-ins.
The integration serves to the interest of an appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
The use of YouTube is in the interest of an attractive presentation of our online offerings. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
4. Google Analytics
This offering uses Google Analytics, a web analytics service provided by Google Inc. ('Google'). The use includes the operating mode 'Universal Analytics'. This makes it possible to assign a pseudonymous user ID to data, sessions and interactions across multiple devices, thereby analysing user activities across devices.
The IP address provided by your browser within the framework of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by making the appropriate setting in your browser software, but in this case you may not be able to use all functions of this website to their full extent. You may also prevent Google collecting the data generated by the cookie relating to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en. Opt-out cookies prevent the future collection of your data when you visit this website. To prevent Universal Analytics tracking across devices, you must implement the opt-out on all systems you use. If you click here, the opt-out cookie will be set: Deactivate Google Analytics
We also use Google Analytics to analyse data from AdWords and the Double-Click Cookie for statistical purposes. If you do not want this to happen, you can disable it through the ad preferences manager (http://www.google.com/settings/ads/onweb/?hl=en)
5. Google reCAPTCHA
We use the Google service reCAPTCHA of the company Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) to check and avoid interactions on our website through automated access, e.g. through bots.
Through this service, Google is able to determine from which website an inquiry is sent and from which IP address you use the so-called reCAPTCHA input box. In addition to your IP address, Google may collect other information necessary to provide and guarantee this service. Further details can be found in the Google Privacy Center: www.google.de/intl/de/privacy
The legal basis for its use is Art. 6 para. 1 lit. f GDPR, as there is a legitimate interest in protecting this website from bots and spam.
6. Post Affiliate Pro
To measure and bill our affiliate partners we use Post Affiliate Pro, provided by Quality Unit, s.r.o., Vajnorská 100/A, 83104 Bratislava, Slovakia.
The purpose of storing this data is to measure success and to process commission payments. Post Affiliate Pro is able to recognize that you have clicked on the partner link on our partner’s website.
You have the possibility of setting or completely preventing the setting of cookies by the partners on your computer by means of a setting in your browser. For this, we refer you to our general presentation of cookies under IX. 2. Cookies. In addition, cookies that have already been set can be deleted at any time via the Internet browser or other software programs.
The use of Post Affiliate Pro is based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our services within the meaning of Art. 6 para 1 lit. f GDPR).
IX. Data collection and processing for online access
We or our web space provider collect data about every visit to our offerings (server log files). Access data includes:
Name of the retrieved web page; file, date and time of retrieval; amount of data transmitted; notification of successful retrieval; browser type and version; user's operating system; referrer URL (the previously visited page); IP address and the requesting provider. Such access data is not evaluated but only needed for error analysis purpose. The data is also stored in the log files of our system. Such data will not be stored together with the user's other personal data.
The legal basis for the temporary storage of such data and log files is Art. 6 para. 1 lit. f GDPR.
The access data will be automatically deleted no later than seven days after the end of your page visit.
The collection of such data for the provision of the website service and the storage of such data in log files are absolutely necessary for the operation of the website. Consequently, this cannot be objected to by the user.
(2)Items in cart
For this purpose, we have legitimate interests in the processing of personal data pursuant to Art. 6 para. 1 lit. f GDPR.
If your personal data is processed, you are the data subject under GDPR and you have the following rights to the controller:
1.Right of access
You may ask the controller to confirm whether your personal data is processed by us.
If such processing is available, you can request information from the controller on the following:
(1)The purposes for which the personal data is processed;
(2)The categories of personal data being processed;
(3)The recipients or categories of recipients to whom personal data concerning you have been disclosed or will be disclosed;
(4)The planned retention period of personal data concerning you or, if specific information is not available, criteria for determining such period;
(5)The existence of the right to request from the controller rectification or erasure of personal data or restriction of the processing of personal data concerning the data subject or to object to such processing;
(6)The right to lodge a complaint with a supervisory authority;
(7)Where personal data is not collected from the data subject, any available information as to their source;
(8)The existence of automated decision-making, including profiling, referred to in Articles 22 para. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information about whether personal data concerning you is transmitted to a third country or an international organisation. In this regard, you may request to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.
2.Right to rectification
You have the right to request that the controller rectifies or supplements your data, provided that the processed data is incorrect or incomplete. The controller shall make the rectification without delay.
3.Right to restriction of processing
Under the following conditions, you can request restriction of the processing of personal data concerning you;
(1)if you dispute the accuracy of personal data concerning you, for a period enabling the controller to verify the accuracy of your personal data;
(2)if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
(3)if the controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims;
(4)if your have objected to processing pursuant to Article 21 para. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of yours.
Where processing of personal data concerning you has been restricted, such data shall, with the exception of its storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If you have obtained restriction of processing according to the above-mentioned conditions, you shall be informed by the controller before the restriction of processing is lifted.
4.Right to erasure
a)Obligation to delete
You shall have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase the data without undue delay where one of the following grounds applies:
(1)Personal data concerning you is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
(2)You withdraw consent on which the processing is based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and where there is no other legal ground for the processing;
(3)You object to the processing pursuant to Article 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 para. 2 GDPR;
(4)Personal data concerning you has been unlawfully processed;
(5)Personal data concerning you has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(6)Personal data concerning you has been collected in relation to the offer of information society services referred to in Article 8 para. 1 GDPR.
b)Information to third parties
Where the controller has made personal data concerning you public and is obliged pursuant to Article 17 para. 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, that personal data.
No right to erasure exists 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 points (h) and (i) of Article 9 para. 2 as well as Article 9 para. 3 GDPR;
(4)for archiving purposes, scientific or historical research purposes in the public interest or statistical purposes in accordance with Article 89 para. 1 GDPR in so far 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 defence of legal claims.
5.Right to information
If you have exercised the right of rectification, erasure or restriction of processing to the controller, the controller shall communicate any rectification or erasure of personal data concerning you or restriction of processing carried out to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed of these recipients by the controller.
6.Right to data portability
You shall have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller without hindrance from the controller to which the personal data was provided, provided that;
(1)the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR; and
(2)the processing is carried out by automated means.
In exercising your right, you shall have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. Freedoms and rights of other persons may not be affected by this.
The right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7.Right to object
You shall have the right to object, on grounds concerning your particular situation, to the processing of personal data concerning you at any time which is based on Art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions.
The controller shall no longer process personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data concerning you is processed for direct marketing purposes, you shall 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.
Where you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8.Right to withdrawal of consent under data protection law
You shall have the right to withdraw your consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9.Automated individual decision-making, including profiling
You shall 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 shall not apply if the decision;
(1)is necessary for concluding or fulfilling a contract between you and a data controller;
(2)is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3)is with your express consent.
Although, these decisions shall not be based on special categories of personal data referred to in Article 9 para. 1 GDPR, unless Art. 9 para. 2 lit. 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 points (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.
10.Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall 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 concerning you violates 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 Article 78 GDPR.