Data protection
DATA PROTECTION
Privacy Policy
(As of May 24, 2018)
You can generally use our website without providing any personal data. If a user or data subject wishes to use our company's services via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will obtain the consent of the data subject. The processing of personal data (e.g., name, address, email address, or telephone number of a data subject) is always carried out in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to us.
With the following privacy policy, we would like to inform you about the type, scope, and purpose of the personal data we collect, use, and process. This privacy policy also informs data subjects about their rights. As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via our website. However, data transmissions over the Internet can generally contain security gaps. Therefore, complete protection cannot be guaranteed. Therefore, any data subject can, of course, also transmit personal data to us alternatively, e.g., by telephone.
1. Name, address and contact details of the person responsible
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 and the following declarations and information is:
apple green to wear
Sabine Schmitt
Current VAT DE01388035823
+491727309853
info@apfelgruen.eu
- Definitions
This privacy policy uses the definitions used by the European legislator when adopting the GDPR. These can be found in Article 4 GDPR.
III. General information on data processing
- Scope of processing of personal data
We generally only process our users' personal data to the extent necessary to provide a functional website and our services. Within the scope of our online shop, we require your personal data, in particular your name and address, in order to offer and provide you with the requested service. The processing of our users' personal data generally only occurs with the user's consent. An exception applies in cases where prior consent cannot be obtained for practical reasons and the processing of the data is permitted by law.
- Legal basis for the processing of personal data
If we obtain the consent of the data subject for processing personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
For the processing of personal data necessary to fulfill a contract to which the data subject is a party, Article 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations necessary to implement pre-contractual measures.
To the extent that processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis. If processing is necessary to protect the legitimate interests of our company or a third party, and the interests, fundamental rights, and freedoms of the data subject do not outweigh the aforementioned interests, Art. 6 (1) (f) GDPR serves as the legal basis for processing.
3. Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose for which they were stored no longer applies. Storage may also occur if this has been provided for by European or national legislators in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or fulfillment of a contract.
- Provision of the website and creation of log files
- Description and scope of data processing
You can generally use our website without revealing your identity. However, each time you visit our website, our system automatically collects data and information from the accessing computer's system. The following data is generally collected without your intervention:
(1) Information about the browser type and version used
(2) The user’s operating system
(3) The user’s Internet service provider
(4) The user’s IP address
(5) Date and time of access
(6) Websites from which the user’s system accesses our website
(7) Websites accessed by the user’s system via our website
The data is stored in our system's log files. This does not include the user's IP address or other data that allows the data to be assigned to a specific user. This data is not stored together with other personal data of the user.
- Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 (1) (f) GDPR.
- Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must be stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. Furthermore, we use the data to optimize the website and ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.
Our legitimate interest in data processing pursuant to Art. 6 (1) (f) GDPR also lies in the aforementioned purposes. Under no circumstances will we use the collected data to draw conclusions about the data subject.
- Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of data collected to provide the website, this is the case when the respective session ends.
If the data is stored in log files, this is the case after seven days. Longer storage is possible. In this case, the users' IP addresses are deleted or distorted, making it impossible to identify the accessing client.
- Possibility of objection and removal
The collection of data to provide the website and the storage of data in log files are essential for the operation of the website. Therefore, the user has no right to object.
- Use of cookies
- Description and scope of data processing
- aa) Our website uses 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 visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that enables the browser to be uniquely identified when the website is visited again. We use cookies to make our website more user-friendly. Some elements of our website require that the visiting browser can be identified even after changing pages.
- bb) The following data is stored and transmitted in the cookies, namely, among others:
(1) Language settings
(2) Items in a shopping cart
(3) Log-in information
- cc) We also use cookies on our website that enable us to analyze user browsing behavior. This allows us to transmit, among other things, the following data:
(1) Search terms entered
(2) Frequency of page views
(3) Use of website functions
- dd) If no user consent is obtained before setting and retrieving technically unnecessary cookies, the following applies:
The user data collected in this way is pseudonymized using technical precautions. Therefore, it is no longer possible to assign the data to the accessing user. The data is not stored together with other personal user data.
When visiting our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this privacy policy. In this context, a note is also provided on how to prevent the storage of cookies in the browser settings.
- ee) If the user’s consent is obtained before setting and retrieving cookies that are not technically necessary, the following applies:
When visiting our website, the user is informed about the use of cookies for analysis purposes and their consent to the processing of personal data used in this context is obtained. In this context, a reference to this privacy policy is also provided.
- Legal basis for data processing
- aa) If we only use technically necessary cookies or if we use technically necessary cookies and technically unnecessary cookies without obtaining the user’s prior consent, the following applies:
The legal basis for the processing of personal data using cookies is Art. 6 (1) (f) GDPR.
- bb) If we use technically necessary and non-necessary cookies after obtaining the user’s prior consent, the following applies:
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) (f) GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) (a) GDPR if the user has given his consent to this.
- Purpose of data processing
- aa) When we use technically necessary cookies, the following applies:
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. These require that the browser be recognized even after changing pages.
We need cookies for the following applications:
(1) Shopping cart
(2) Adoption of language settings
(3) Remembering search terms The user data collected by technically necessary cookies are not used to create user profiles.
- bb) If we also use cookies that are not technically necessary, the following applies:
We use analytics cookies to improve the quality of our website and its content. Analytics cookies allow us to learn how the website is used and thus continuously optimize our offering.
Our legitimate interest in processing personal data pursuant to Art. 6 (1) (f) GDPR also lies in these purposes.
- Duration of storage, possibility of objection and removal
Cookies are stored on the user's computer and transmitted from there to our website. Therefore, you, as the user, have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your internet browser. 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, you may no longer be able to fully use all of the website's functions.
The transmission of Flash cookies cannot be prevented via the browser settings, but can be prevented by changing the settings of the Flash Player.
- Newsletter (MAILCHIMP)
- Description and scope of data processing
- aa) On our website, you have the option of subscribing to a free newsletter. When you register for the newsletter, the data from the input mask will be transmitted to us, namely
(1) Title, first name, last name
(2) a valid email address
In addition, the following data is collected during registration, namely:
(1) IP address of the accessing computer
(2) Date and time of registration
Your consent to the processing of your data will be obtained during the registration process and reference will be made to this privacy policy.
- bb) If you purchase goods on our website and provide your email address, we may subsequently use it to send you a newsletter. In such a case, the newsletter will only be used to send direct advertising for our own similar goods or services.
- cc) In connection with data processing for sending newsletters, no data will be passed on to third parties. This data will be used exclusively for sending the newsletter.
- Legal basis for data processing
- aa) The legal basis for the processing of data after the user has registered for the newsletter is Art. 6 (1) (a) GDPR if the user has given his consent.
- bb) The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 (3) of the German Unfair Competition Act (UWG).
- Purpose of data processing
The collection of the user's email address serves to deliver the newsletter. The collection of other personal data during the registration process serves to prevent misuse of the services or the email address used.
- Duration of storage
- aa) The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user's email address will therefore be stored as long as the newsletter subscription is active.
- bb) If the newsletter is sent due to the user's registration on the website, the following also applies: The other personal data collected during the registration process will generally be deleted after a period of seven days.
- Possibility of objection and removal
- aa) The affected user can cancel the newsletter subscription at any time. For this purpose, a corresponding link is included in each newsletter through which cancellation or deactivation can be made.
- bb) If the newsletter is sent due to the user registering on the website, it is also possible to revoke the consent to the storage of the personal data collected during the registration process.
VII. Registration, registration
- Description and scope of data processing
On our website, we offer users the opportunity to register or log in by providing personal information. This can be done independently of a purchase or in connection with a purchase in our online shop. Your data is entered into an input mask and transmitted to us and stored. The data will not be shared with third parties. The following data is collected during the registration process:
(1) Title, first name, last name
(2) a valid email address
(3) Address
(4) Telephone number (landline and/or mobile)
At the time of registration, the following data is also stored:
(1) The user’s IP address
(2) Date and time of registration
As part of the registration process, the user’s consent to the processing of data is obtained.
- Legal basis for data processing
- aa) The legal basis for the processing of data is Art. 6 (1) (a) GDPR if the user has given his consent.
- bb) If the registration serves to fulfil a contract to which the user is a party or if it serves to carry out pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 (1) (b) GDPR.
- Purpose of data processing during registration
- aa) Registration of user data may be necessary to provide certain content and services on our website, for example to identify the user on subsequent visits to the website and to be able to provide him with personalized offers.
- bb) Registration may also be necessary to fulfill a contract with the user or to carry out pre-contractual measures. This data is then collected in particular,
(1) to identify you as our customer;
(2) to process, fulfill and handle your order;
(3) to be able to correspond with you;
(4) for invoicing purposes;
(5) to process any liability claims that may arise and to assert any claims against you;
(6) to ensure the technical administration of our website;
(7) to manage our customer data
(8) for the purpose of direct marketing
- Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected.
If the registration does not serve to conclude a contract with the user, this will be the case for the data collected during the registration process if the registration on our website is canceled or changed.
If registration serves to conclude a contract with the user, this is the case for the data collected during the registration process to fulfill a contract or to carry out pre-contractual measures when the data is no longer required for the execution of the contract. Even after the contract has been concluded, it may still be necessary to store the contractual partner's personal data in order to fulfill contractual or legal obligations. Continuing obligations require the storage of personal data for the duration of the contract. Warranty periods must be observed for purchase contracts. Furthermore, the storage of data also serves tax purposes. Which storage periods must be observed in this case cannot be determined across the board; rather, they must be determined on a case-by-case basis for each contract concluded and each contracting party.
- Possibility of objection and removal
As a user, you have the option to cancel your registration at any time. You can have the data stored about you modified at any time. To do so, follow the instructions on the website during the deletion process.
If the registration serves to conclude a contract with the user and the data is required to fulfill a contract or to carry out pre-contractual measures, premature deletion of the data is only possible if contractual or legal obligations do not prevent deletion.
VIII. Contact form and email contact
- Description and scope of data processing
Our website provides an email address and, where appropriate, a contact form. Both can be used for electronic contact.
If a user chooses this option, the data entered in the contact form will be transmitted to us and stored. This data includes:
(1) Title, first name, last name,
(2) a valid email address,
(3) Telephone number (landline and/or mobile)
At the time the message is sent, the following data is also stored:
(1) The user’s IP address
(2) Date and time of registration
Your consent to the processing of the data will be obtained during the sending process and reference will be made to this privacy policy.
If the user contacts us via the provided email address, the user's personal data transmitted with the email will be stored.
In this context, the data will not be shared with third parties. The data will be used exclusively for processing the conversation.
- Legal basis for data processing
The legal basis for the processing of data is Art. 6 (1) (a) GDPR if the user has given his consent.
The legal basis for processing data transmitted when sending an email is Art. 6 (1) (f) GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.
- Purpose of data processing
The processing of personal data from the input form serves solely to process the contact. In the case of contact via email, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the submission process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
- Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data from the contact form input mask and data sent via email, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been conclusively resolved.
The additional personal data collected during the sending process will be deleted after a period of seven days.
- Possibility of objection and removal
The user has the option to revoke his consent to the processing of personal data at any time.
If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
In case of revocation or objection, please follow the instructions on the website.
- Transfer of data to third parties
We will only share your personal data with third parties involved in the contract execution, such as the logistics company responsible for delivery and the credit institution responsible for payment matters. In cases where your personal data is shared with third parties, the scope of the data transmitted is limited to the minimum necessary.
When paying via PayPal, credit card via PayPal, direct debit via PayPal, or "purchase on account" via PayPal, we will pass your payment data on to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. PayPal reserves the right to conduct a credit check for payment methods such as credit card via PayPal, direct debit via PayPal, or "purchase on account" via PayPal. PayPal uses the result of the credit check regarding the statistical probability of default to decide whether to provide the respective payment method. The credit check may contain probability values (so-called score values). If score values are included in the result of the credit check, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, is included in the calculation of the score values. Further information on data protection can be found in the PayPal privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Your personal data will not be transferred to third parties for purposes other than those stated above.
- Web analysis by Matomo
- Scope of processing of personal data
We use the open-source software tool Matomo on our website to analyze our users' browsing behavior. The software places a cookie on the user's computer (see above for information on cookies). When individual pages of our website are accessed, the following data is stored:
(1) Two bytes of the IP address of the user’s calling system
(2) The website accessed
(3) The website from which the user accessed the requested website (referrer)
(4) The subpages accessed from the website accessed
(5) The length of time spent on the website
(6) The frequency of access to the website
The software runs exclusively on our website's servers. Users' personal data is stored only there. Data is not shared with third parties.
- Legal basis for the processing of personal data
The legal basis for the processing of users’ personal data is Art. 6 (1) (f) GDPR.
- Purpose of data processing
Processing users' personal data enables us to analyze their surfing behavior. By evaluating the data obtained, we are able to compile information about the use of individual components of our website. This helps us to continuously improve our website and its user-friendliness. These purposes also constitute our legitimate interest in processing the data pursuant to Art. 6 (1) (f) GDPR. By anonymizing the IP address, the user's interest in the protection of their personal data is sufficiently taken into account.
- Duration of storage
The data will be deleted as soon as it is no longer needed for our recording purposes. In our case, this is after 7 days.
- Possibility of objection and removal
Cookies are stored on the user's computer and transmitted from there to our website. Therefore, you, as the user, have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your internet browser. 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, you may no longer be able to fully use all of the website's functions.
Further information on the privacy settings of the Matomo software can be found under the following link: https://matomo.org/docs/privacy/
- Google Tag Manager
This website uses Google Tag Manager. Tag Manager does not collect any personal data. The tool triggers other tags, which may themselves collect data. Google Tag Manager does not access this data. If deactivation has been performed at the domain or cookie level, this deactivation remains in effect for all tracking tags implemented with Google Tag Manager. Google's privacy policy for this tool can be found here: https://www.google.de/tagmanager/use-policy.html
XII. Google Analytics
We use Google Analytics on our website. This is a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google."
Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website.
The information generated by these cookies, such as the time, location, and frequency of your website visits, including your IP address, is transmitted to and stored by Google in the USA. We use Google Analytics with the addition "_gat._anonymizeIp" on our website. In this case, your IP address will be shortened and anonymized by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Google will use this information to evaluate your use of our website, to compile reports on website activity for us, and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the data on Google's behalf. Google will never associate your IP address with other Google data. You can prevent cookies from being installed by setting your browser software accordingly; however, please note that if you do this, you may not be able to use the full functionality of our website.
Furthermore, Google offers a deactivation add-on for the most common browsers, which gives you more control over which data Google collects about the websites you visit. The add-on tells the Google Analytics JavaScript (ga.js) that no information about your website visit should be transmitted to Google Analytics. However, the Google Analytics deactivation add-on for browsers does not prevent information from being transmitted to us or to other web analysis services we may use. Further information on installing the browser add-on can be found at the following link: https://tools.google.com/dlpage/gaoptout?hl=de
If you visit our site using a mobile device (smartphone or tablet), you must click this link instead to prevent future tracking by Google Analytics within this website. This is also available as an alternative to the browser add-on above. Clicking this link will set an opt-out cookie in your browser that is valid only for this browser and this domain. If you delete the cookies in this browser, the opt-out cookie will also be deleted, so you will need to click the link again.
If you have agreed to Google linking your web and app browsing history to your Google Account and using information from your Google Account to personalize ads, Google will use your data together with Google Analytics data to create audience lists for cross-device remarketing. To do this, Google Analytics first collects your Google-authenticated ID on our website, which is linked to your Google Account (i.e., personal data). Google Analytics then temporarily links your ID to your Google Analytics data to optimize our audiences. If you do not agree to this, you can deactivate this by making the appropriate settings in the "My Account" section of your Google Account.
XIII. Google Googleadservices / Google AdWords Conversion Tracking
This website uses online marketing tools from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. This is used to recognize that a visitor has reached our website via a Google ad. Google uses cookies that are stored on your computer and enable analysis of website usage. Cookies for so-called "conversion tracking" are set when you click on an ad placed by Google. These cookies expire after 30 days and are not used for personal identification. If you want to prevent conversion tracking, you can set your browser to block cookies from the domain "googleadservices.com." You can also exercise your right to opt out. If you would like to learn more about these methods or to know what options you have to prevent Google from using this information, click here: https://www.google.com/settings/u/0/ads/authenticated
XIV. Social Plugins
We use social plugins (plugins) from various social networks. These plugins can be identified by their respective logos.
When you visit a page on our website with corresponding social plugins, your browser establishes a direct connection to the servers of the respective operator of the logo (e.g. “facebook.com”, “instagram.com” and “pinterest.com”). The content of the plugin is transmitted directly to your browser by the service provider and integrated into the website by the provider. Please note that data processing by the operators of the social networks may take place outside the European Union. We also have no influence on the extent of the data collected through the use of social plugins and therefore inform you according to our state of knowledge: By integrating social plugins, the providers receive the information that you have accessed the corresponding page on our website. If you are logged in to a social network such as Facebook, Instagram, etc., this provider can assign the visit to your user account. If you log out, the assignment to the user account is prevented. If you interact with the plugin, e.g., by clicking the Facebook "Like" button or leaving a comment, the corresponding information is transmitted directly from your browser to the respective service provider and stored there. Even if you are not a member of a social network, it is still possible that the provider will obtain and store your IP address. The purpose and scope of data collection, further processing, and use of the data by the service provider, as well as your related rights, can be found in the respective privacy policy, namely:
- http://www.facebook.com/policy.php Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland
- http://instagram.com/about/legal/privacy/# or https://help.instagram.com/155833707900388/
- https://about.pinterest.com/de/privacy-policy Pinterest Copyright Agent, 808 Brannan St., San Francisco, CA 94103-4904, USA
- Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and are entitled to the rights described above and below vis-à-vis the controller. Data subjects can exercise their rights using the contact details provided in Section I.
- Right to information
You can request confirmation from the controller named in Section I above as to whether personal data concerning you is being processed by us.
If such processing takes place, you can request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration for which the personal data concerning you will be stored or, if specific information is not possible, the criteria for determining that duration;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information as to their source, where the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
You have the right to request information about whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate safeguards in accordance with Art. 46 GDPR in connection with the transfer.
- Right to rectification
You have the right to request that the controller rectify and/or complete your personal data if it is incorrect or incomplete. The controller must rectify the data immediately.
- Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(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 oppose the erasure of the personal data and request the restriction of the use of the personal data instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds. If the processing of personal data concerning you has been restricted, these data may – with the exception of storage – only be processed with your consent or for the establishment, exercise or defense of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above-mentioned conditions, you will be informed by the controller before the restriction is lifted.
- Right to erasure
- a) Obligation to delete
You may request the controller to delete the personal data concerning you immediately, and the controller is obliged to delete this data immediately 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 withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you were processed unlawfully.
(5) The erasure of personal data concerning you is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject. (6) The personal data concerning you were collected in relation to information society services offered pursuant to Article 8(1) GDPR.
- b) Information to third parties
If the controller has made the personal data concerning the user public and is obliged to erase it pursuant to Art. 17 (1) GDPR, the controller shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform data controllers which process the personal data that you, as the data subject, have requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data.
- c) Exceptions
The right to erasure does not exist if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by Union or Member State law to which the controller is subject or to perform 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 Article 9(2)(h) and (i) and Article 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to make the achievement of the objectives of that processing impossible or seriously compromises it, or
(5) to assert, exercise or defend legal claims.
- Right to information
If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless doing so proves impossible or involves disproportionate effort.
You have the right to be informed by the controller about these recipients.
- 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, common and machine-readable format. You also have the right to transmit these data to another controller without hindrance from the controller to whom the personal data was provided, provided that
(1) the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the freedoms and rights of others.
The right to data portability does 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.
- Right of objection
You have the right to object at any time to the processing of personal data concerning you which is based on Article 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions.
The controller will 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 unless the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; 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 will no longer be processed for these purposes.
In connection with the use of information society services, you have the option of exercising your right of objection by means of automated procedures that use technical specifications, notwithstanding Directive 2002/58/EC.
- Right to revoke the data protection consent declaration
You have the right to revoke your consent to data protection at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of the consent until the revocation. 29. Automated decision in individual cases, including profiling You have the right not to be subjected to a decision based exclusively on automated processing – including profiling – that has legal consequences for you or significantly affects you in a similar way. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by Union or Member State law to which the controller is subject and which contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) GDPR applies and appropriate measures to protect your rights and freedoms as well as your legitimate interests have been taken.
In the cases referred to in (1) and (3), the controller shall implement appropriate measures to safeguard your rights and freedoms and legitimate interests, including 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.
- Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint was lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.