1. Name and address of the responsible party
The responsible party in the sense of the General Data Protection Regulation (GDPR), of the data protection regulations holding good in the member states of European Union and of other regulations with a legal data-protecting character is the:
basysKom GmbH
Robert-Bosch-Str. 7
64293 Darmstadt
Phone: +49 (0) 6151 870 589 0
Fax: +49 (0) 6151 870 589 199
Website: blog.basyskom.com
Email: info@basyskom.com
2. Name and address of the data protection officer
The data protection officer of the responsible party for the processing is:
Mr. Klaus Mathias Gärtner
Heinheimer Straße 38
64289 Darmstadt
Email: Mathias.Gaertner@it-svbuero.de
Each data subject can turn at any time directly to our data protection officer with all questions and suggestions on data protection.
3. Definitions
The data protection information of the basysKom GmbH is based on the definitions which have been used by the European directive and order issuing office in formulating the General Data Protection Regulation (GDPR). The data protection information of the basysKom GmbH should be easily read and understood not only by the general public but also by our customers and business partners. In order to ensure this, we would like to clarify in advance the definitions used.
In this data protection information and on our website, we use – amongst others – the following terms:
3.1 Personal data
Personal data is any information relating to an identified or identifiable natural person (hereafter “data subject”). Defined as identifiable is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
3.2 Data subject
Data subject is each identified or identifiable natural person, whose personal data is processed by the responsible party for the processing.
3.3 Processing
Processing means any operation or set of operations which is carried out in connection with personal data – whether or not by automated means – such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3.4 Restricting of the processing
Restricting of the processing is the marking of personal data as stored with the objective of restricting its processing in the future.
3.5 Profiling
Profiling is each type of the automated processing of personal data, which consists of this personal data being used to permit particular personal aspects relating to a particular natural person, and here in particular aspects in respect of work performance, economic situation, health, personal likes, interests, reliability, behaviour, place of residence or change of place of residence of this natural person to be evaluated, analysed or forecast.
3.6 Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, in so far as this additional information is kept in a special way and subjected to technical and organizational measures which ensure that the personal data cannot be assigned to an identified or identifiable natural person.
3.7 Responsible party or party responsible for the processing
Responsible party or party responsible for the processing (hereafter responsible party) is the natural person or legal entity, authority, institution or other post, which alone or together with others decides on the purposes and means of the processing of personal data. If the purposes and means of the processing are laid down in European Union legislation or the legislation of the member states, then the responsible party or the particular criteria of the appointment of this responsible party in accordance with European Union legislation or the legislation of the member states can be provided.
3.8 Order processor
Order processor is a natural person or legal entity, authority, institution or other post, which processes the personal data on the instructions of the responsible party.
3.9 Recipient
Recipient is a natural person or legal entity, authority, institution or other post to which personal data are disclosed regardless of whether this is a third party or not. However, authorities, which receive within the framework of a particular investigation order in accordance with European Union legislation or the legislation of the member states data which possibly may be/contain personal data, do not hold good as recipients.
3.10 Third party
Third party is a natural person or legal entity, authority, institution or other post with the exception of the data subject, the responsible party, the order processor and those persons which are authorized under the direct responsibility of the responsible party or of the order processor to process the personal data.
3.11 Consent
Consent is each declaration of will given voluntarily by the data subject for the definite case in an informed and unambiguous manner in the form of a declaration or other unambiguous confirmatory action, with which the data subject makes clear that he/she agrees to the processing of personal data relating to himself/herself.
4. General information on data processing
Data protection, data security and data secrecy hold high priority for basysKom GmbH. The durable protection of your personal data, of your company data and of your business secrets is especially important for us.
You can always visit our website without making statements on your person. However, if you wish to make use of the services of our company, then this makes the stating of personal data necessary. As a rule we use the data that you communicate and that is collected by the website as well as the data stored in the course of the use solely for our own purposes, namely for the execution and making available of our website and the initiation, execution and progressing of the services/offers made available via the website (contract fulfilment) and do not pass this data on to external third parties in so far as there is not an official obligation to do this. In all other cases we obtain your special agreement.
The processing of your personal data is carried out in conformity with the requirements of the General Data Protection Regulation and in conformity with the country-specific data protection regulations holding good for basysKom GmbH. With the aid of this data protection information we wish to inform you on the nature, scope and purpose of the personal data processed by ourselves. In addition, we clarify for you with the aid of this data protection information the rights to which you are entitled.
basysKom GmbH has realized technical and organizational measures in order to ensure an appropriate level of protection of the personal data processed via this website. Nevertheless, fundamentally Internet-based data transmissions can have security loopholes so that absolute protection cannot be guaranteed.
5. Collecting of general data and information
The website of basysKom GmbH collects a range of general data and information each time the website is called by a data subject or an automated system. This general data and information is stored in the log files of the server. Able to be collected are: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website, from which an accessing system reaches our website (so-called referrer), (4) the sub-websites, which are steered to on our website via an accessing system, (5) the date and time of an access to the website, (6) an Internet-protocol-address (IP-address), (7) the Internet service provider of the accessing system and (8) other similar data and information, which serve the warding off of hazards in the case of attacks to our IT systems.
In using this general data and information basysKom GmbH draws no conclusions about the data subject. Much more is this information needed (1) to be able to deliver out the content of our website correctly, (2) to permit the optimization of the content of our website and of the advertising for this, (3) to ensure the durable functionality of our IT systems and of the technology of our website and (4) to be able to make available to the law enforcement authorities the information necessary for criminal prosecution in the case of a cyber attack. This anonymously collected data and information is evaluated by basysKom GmbH on the one hand statistically and on the other hand with the objective of increasing the data protection and the data security in our company in order finally to ensure an optimal level of protection for the personal data processed by ourselves. The anonymous data of the server-logfiles are stored separately from all the personal data stated by a data subject.
| Legal foundation | Storage purpose | Storage duration | Objection / opportunity for elimination |
|---|---|---|---|
| Article 6 Para. 1 lit. f GDPR (legitimate interest) | The temporary storing of the IP-address by the system is necessary to permit the delivery of the website to the computer of the user. For this the IP-address of the user must remain stored for the duration of the session. | The data is deleted as soon as it is no longer necessary for achieving the purpose of their collection. This is the case when the particular session has ended in situations where the data is collected for making the website available. This is the case at the latest ninety days after the time when the data was stored in log files. More extensive storing is possible. In this case the IP-addresses of the users are deleted or distorted so that an assignment of the client calling in is no longer possible. | Non, because the data is essential for operating of the website |
6. Email contact
You may contact us via the e-mail address that is provided on our webside. In this case the personal data of the user transmitted with the e-mail is stored.
In this connection no data is passed on to third parties. The data is used exclusively for the processing of the conversation and will immediately be deleted if it is no longer needed.
| Legal foundation | Storage purpose | Storage duration | Objection / opportunity for elimination |
|---|---|---|---|
Legal foundation for the processing of the data is as a rule Article 6 Para. 1 lit. b. GDPR in the case of enquiries via e-mails. (contract fulfilment; pre-contractual measures); Article 6 Para. 1 lit. c. GDPR (fulfilment of a legal obligation, e.g. answering of questions on data protection) and n addition, Article 6 Para. 1 lit. f GDPR (legitimate interest). | The processing of the personal data from the email serves us solely for the processing of the contact. This is also the necessary legitimate interest in the processing of the data. | he data is deleted as soon as it is no longer needed for achieving the purpose of their collection. This is the case for the personal data which are sent by e-mail when the particular conversation with the user has ended. The conversation has ended when the circumstances allow the conclusion to be drawn that the matter in question has been finally clarified. The above does not hold good if the correspondence is subject to a retention obligation under commercial law. The additional personal data collected during the sending-off process is deleted at the latest after a period of seven days. | The user has the opportunity to object at any time to the storing of his personal data. In such a case the conversation cannot be continued. |
7. Newsletter; advertising
7.1 Newsletter
At present basysKom GmbH does not provide any newsletters.
7.2 Advertising
We reserve the right to store your first name and surname, your postal address and – in so far as we have received this additional information from yourself within the framework of the contractual relationship – your title, academic degree, year of birth and professional title, sector or business designation and to store this information for our own adverting purposes, e.g. for the sending of similar, interesting offers and information on our training offers per mail or per e-mail if you have stated your e-mail address.
| Legal foundation | Storage purpose | Storage duration | Objection / opportunity for elimination |
|---|---|---|---|
| Legal foundation for advertising is Article 6 Para. 1 lit. f GDPR (legitimate interest) | Purpose of the collection in addition to fulfilment of the contract is being able to send promotional material to the customer in a targeted manner (in line with his interests). | The date is deleted at the latest 6 years after the last booking or they are blocked for advertising purposes (in so far as there is retention obligation). | Right of objection in accordance with clause 12.7 |
7.3 No passing on of data
No passing on of data to third parties takes place in connection with the data processing for the sending of newsletters and advertising. The data is used exclusively for the sending of the newsletter.
7.4 Right of objection and right of withdrawal
We draw explicit attention to your right of objection (advertising) in accordance with sections 12.7 and 12.8 of this data protection information.
8. Data protection with applications and application processes
We collect and process the personal data of applicants for the purpose of progressing the application process. The processing can also be carried out electronically. This is in particular the case when an applicant sends to us relevant application documents by an electronic route, e.g. per e-mail. If we conclude a contract of employment with yourself as applicant, the data transmitted will be stored for purposes of progressing the employment relationship subject to observation of the legal regulations. If a contract of employment is not concluded by the party responsible for the processing with the applicant, then the application documents will be automatically deleted six months after notification of the rejection in so far as there is no other legitimate interest of the party responsible for the processing against deletion. Another legitimate interest in this sense is, for example, an obligation of proof in a process in accordance with the German General Equal Treatment Act.
| Legal foundation | Storage purpose | Storage duration | Objection / opportunity for elimination |
|---|---|---|---|
Legal foundation for the processing of the data is as a rule Article 6 Para. 1 lit. b. GDPR with job applications submitted via the contact form and/or e-mail. (fulfilment of the employment contract; measures prior to the concluding of an employment contract); Article 6 Para. 1 lit. c. GDPR (Fulfilment of a legal obligation, e.g. answering of questions in connection with the job-application process) and apart from this Article 6 Para. 1 lit. f GDPR (legitimate interest) and special legal authorization rules such as a collective agreement, company agreement, income tax law etc. A supplementary reference is made to the Personnel / HR processing file. | If we conclude an employment contract with you as job applicant, the data transmitted for the purpose of progressing the employment relationship will be stored whereby the legal obligations will be observed. | If no employment contract is concluded between the party responsible for the processing and the job applicant, then the job-application documents will be automatically deleted six months after the notification of rejection has been sent in so far as no other legitimate interest of the party responsible for the processing conflicts with the deletion. A legitimate interest in this connection could be – for example – a proof obligation in a process in accordance with the German General Equal Treatment Act). | Only general objection and elimination opportunities. |
9. Cookies
9.1 Description and scope of the data processing
As many websites, we also use cookies. Cookies are small text files which are stored on your computer and which store certain settings and data for exchange with our website via your browser. A cookie usually contains the name of the domain from which the cookie file was sent, information about the age of the cookie and an alphanumeric identifier.
Cookies enable us to recognize your computer and to make any settings available immediately. Cookies also help us to improve our website and to offer you a better and even more customized service.
The cookies we use are so-called session cookies, which are automatically deleted after the end of the browser session.
Additionally we use cookies which permit an analysis of the surfing behaviour of the user.
The data of the user collected in this way is pseudonymized by technical processes. Accordingly, assignment of the data to the user calling in is no longer possible. The data collected is not stored together with other personal data of the user.
When our website is called, the users are informed by means of an information banner about the use of cookies for analytical purposes and are referred to this data protection information. Following in this connection is a reference to how that storing of cookies can be prevented in the browser settings.
- Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
- Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
You accept our cookies if you have activated or not deactivated the cookie setting and continue to use this website.
| Legal foundation | Storage purpose | Storage duration | Objection / opportunity for elimination |
|---|---|---|---|
Article 6 Para. 1 lit. f GDPR (legitimate interests) for strictly technically essential cookies In addition: Article 6 Para. 1 lit. a GDPR (consent) | The purpose behind the use of strictly technically essential cookies is that of making use of the website easier for the user. Certain functions of our website cannot be offered without the use of cookies. For these functions it is necessary that the browser is recognized even after a page change. Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies we learn how the website is used and in this way, we can continually optimize our offer. These purposes also include our legitimate interest in the processing of the personal data in accordance with Article 6 Para. 1 lit. f GDPR. | Cookies are stored on the user’s computer and are transmitted from this to our website. Accordingly, you as user have full control over the use of cookies. | By carrying out a change to the settings of your browser you can deactivate cookies or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be carried out automatically. However, if cookies for our website are deactivated, it may no longer be possible to use all the functions of the website in full. The transmission of flash cookies cannot be prevented via the browser settings but requires changes to the setting of the flash player. |
9.2 In addition, the following third party cookies are used when you visit our website
Data protection regulations for the use and application of Google Analytics (with anonymization function)
We have integrated on this website the Google Analytics component (with anonymization function). Google Analytics is a web-analysis service. Web-analysis is the collecting, compilation and evaluating of data concerning the behaviour of the visitors to websites. A web-analysis service collects – amongst other things – data on from which website (the so-called referrer) a data subject has come to a website, which subsites of the website were accessed or how often and for what period a subsite was watched. Web-analysis is used primarily for optimization of a website and for cost-benefit analysis of Internet advertising.
The operating company of the Google-Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The party responsible for the processing uses the suffix „_gat._anonymizeIp“ for the web analysis via Google Analytics. With the aid of this suffix the IP-address of the Internet connection of the data subject is abbreviated and anonymized if the access to our website comes from a member state of the European Union or from another signatory of the agreement on the European Economic Area.
The purpose of the Google Analytics component is the analysis of the visitor flows to our website. Google uses the data and information obtained in order to – amongst other things – evaluate the use of our website, to prepare for us online reports which show the activities on our website and to provide further services linked with the use of our website.
Google Analytics sets a cookie on the IT system of the data subject. What cookies are has been explained above. The setting of cookies enables Google to analyze the use of our website. With each call of an individual page of this website, which is operated by the party responsible for the processing and on which a Google Analytics component has been integrated, the Internet browser on the IT-system of the data subject is automatically caused by the particular Google Analytics component to transmit data to Google for the purpose of online analysis. Within the framework of this technical process, Google obtains knowledge of personal data such as the IP-address of the data subject, which data enables Google to – amongst other things – trace the origin of the visitor and clicks and as a consequence to make possible the issuing of commission invoices.
With the aid of cookies items of information related to personal data, e.g. the access time, the place from which an access started and the frequency of the visits to our website by the data subject, are stored. With each visit to our website this personal data including the IP-address of the Internet connection used by the data subject is transmitted to the United States of America. This personal data is stored by Google in the U.S.A. In certain circumstances Google passes on this personal data as collected via the technical process to third parties.
As has already been described above, the data subject can prevent the setting of cookies by our website at any time by making an appropriate setting on his/her Internet browser as used and thereby object to the setting of cookies in a durable manner. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the IT system of the data subject. In addition, a cookie, that has already been set by Google Analytics, can be deleted at any time via the Internet browser or another software program.
Furthermore, the data subject has the opportunity to object to collection of the data relating to use of this website generated by Google Analytics and to the processing of this data by Google and to prevent such collection. For this the data subject must download and install a browser add-on under the link tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and no information on the visiting of websites may be transmitted to Google Analytics. The installation of the browser add-on is evaluated by Google as an objection. If the IT system of the data subject is deleted, formatted or installed anew at a later point in time, then the data subject must carry out the installation of the browser add-on again in order to deactivate Google Analytics. In so far as the browser add-on is deinstalled or deactivated by the data subject or by another person, who can be considered to belong to the area of control of the data subject, then the browser add-on can be installed or activated again.
Further information and the valid and applicable data protection regulations of Google can be called under www.google.com/intl/en/policies/privacy as well as under www.google.com/analytics/terms/us.html. Google Analytics is explained in more detail under this link: www.google.com/intl/en_us/analytics.
Data protection regulations on the application and use of YouTube
On this website we have integrated components from YouTube. YouTube is an Internet video portal that enables video publishers to set video clips free of charge and for other users to view, evaluate and comment on these, also free of charge. YouTube permits the publication of all types of video so that not only complete films and television programmes but also music videos, trailers and amateur videos prepared by users can be called via the Internet portal.
Operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, U.S.A.
With each call of one of the individual pages of this website, which is operated by the responsible party for the processing and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the IT system of the data subject is caused by the particular YouTube component to download a representation of the relevant YouTube component from YouTube. Further information on YouTube can be called under www.youtube.com/yt/about. Within the framework of this technical process YouTube and Google receive knowledge of which concrete subsite of our website has been visited by the data subject.
In so far as the data subject is at the same time logged in at YouTube, YouTube will recognize with the calling of a subsite, which contains a YouTube video, which concrete subsite of our website the data subject has visited. This information is collected by YouTube and Google and assigned to the particular YouTube account of the data subject.
YouTube and Google will always receive via the YouTube components information that the data subject has visited our website if the data subject is logged in at our website and at the same time at YouTube; this takes place regardless of whether or not the data subject has clicked on a YouTube video. If the transmitting of this information in this way to YouTube and Google is not desired by the data subject, the latter can prevent this transmission by logging out of his/her YouTube account before calling our website.
The data protection regulations published by YouTube – these can be called down at www.google.com/intl/en/policies/privacy – provide information on the collecting, processing and using of personal data by Google and YouTube.
Data protection regulations on the use of Google Maps
Our website uses Google Maps API to display geographical information visually. When using Google Maps, Google also collects, processes and uses data about the use of the Maps functions by visitors to the websites. You can find more detailed information about data processing by Google in Google’s privacy policy. There you can also change your settings in the Data Protection Center so that you can manage and protect your data.
Here you will find further instructions on how to manage your own data in connection with Google products: support.google.com/accounts/answer/3024190
Data protection regulations on the use of DoubleClick and cookieconsent_status
This cookie records whether you have seen and dismissed our cookie consent notification. We use the data to prevent the notification being shown to you again.
Our website “blog.basysKom.com” uses DoubleClick by Google.
| Legal foundation Data transmission through third party cookies | Storage purpose | Storage duration | Objection / opportunity for elimination |
|---|---|---|---|
Article 6 Para. 1 lit. f GDPR (legitimate interest) | Purpose of and legitimate interest in the setting of third party cookies is that of improving our offer for you through the analysis of your user behaviour. As a rule, only a pseudonymized transmission of data to the third parties takes place. In addition, you yourself are able to prevent transmission of third party cookies by carrying out an appropriate setting on your Internet browser. For more details look at the statements made under clauses 11-14. | Third party cookies are stored on the computer of the user and are transmitted to our computer from this. Accordingly, you as user have full control on the use of third party cookies. | By carrying out a change to the settings of your Internet browser you can deactivate or restrict the transmission of third party cookies. Third party cookies that have already been stored can be deleted at any time. This process can also be automated. The transmission of flash cookies cannot be prevented via the browser settings but requires changes to the setting of the flash player. |
9.3. Use of various social media plug-ins
The icons for XING, LinkedIn, Google+ and facebook are only included as links on the website. A transmission of personal data does not take place.
10. Use of web fonts – Google Fonts
Our website uses external fonts, Google Fonts. Google Fonts is a service of Google Inc. (“Google”). These web fonts are integrated by a server call, usually a Google server in the USA. It transfers to the server the pages of our websites which you have visited. The IP address of the browser of the visitor’s terminal device is also stored by Google. Further information can be found in Google’s privacy policy, which you can access here:
11. Legal fundamentals, purposes of the processing, duration of the storage, objections and opportunities for elimination
11.1 General statements on the legal fundamentals
Article 6 Para. 1 lit. a EU General Data Protection Regulation (EU GDPR) serves as the foundation for the processing of personal data in so far as we obtain the consent of the data subject for the processing of personal data.
Article 6 Para. 1 lit. b GDPR serves as the legal foundation for the processing of personal data which is necessary for the fulfilment of a contract if the data subject is party to this contract. This also holds good for processing processes which are necessary for the execution of pre-contractual measures.
Article 6 Para. 1 lit. c GDPR serves as the legal foundation in so far as processing of personal data is necessary for the fulfilment of a legal obligation.
Article 6 Para. 1 lit. d GDPR serves as the legal foundation for the situation that vital interests of the data subject or another natural person make the processing of personal data necessary.
Article 6 Para. 1 lit. f GDPR serves as the legal foundation for the situation that processing is necessary for ensuring a legitimate interest of our company or of a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not exceed the first named interest.
11.2 General statements on deletion of data and duration of storing
The personal data of the data subject are deleted or disabled as soon as the purpose for which the data was stored lapses. In addition, storage can take place if this was stipulated by the European or national legislatures in orders, laws or other regulations in accordance with European Union law to which the responsible party is subject. Disabling or deletion of the data is also carried out if a storage period prescribed by the standards as named expires unless there is a necessity for the continued storage of the data for the concluding or fulfilling of a contract.
12. Your rights
If your personal data is processed, then you are the data subject in the sense of the GDPR and you are entitled to the following rights vis à vis the responsible party:
12.1 Right to information
You can demand from the responsible party confirmation as to whether personal data, that relates to you, has been processed by ourselves.
If such processing has taken place, you can demand information on the following from the responsible party:
- The purposes for which the personal data is processed;
- The categories of personal data which are processed;
- The recipients or, as the case may be, the categories of recipients to which the personal data relating to you has been disclosed or will be disclosed;
- The planned duration of the storage of the personal data relating to you or – if concrete statements on this are not possible – the criteria for the laying down of duration of storage;
- The existence of a right to correction or deletion of the personal data relating to yourself, of a right to a restriction of the processing by the responsible party or of a right of objection to this processing;
- The existence of a right of appeal at a supervisory authority;
- All the available information on the origin of the data if the personal data was not collected at the data subject;
- The existence of an automated decision-finding process including profiling in accordance with Article 22 Para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and its scope and the effects strived for of such a processing for the data subject in question.
You are entitled to the right to demand information on whether the personal data relating to yourself is transmitted to a third country or an international organization. In this connection you can demand to be instructed on the suitable guarantees in accordance with Article 46 GDPR in connection with the transmission.
12.2 Right to correction
You have a right to correction and/or complementing vis à vis the responsible party in so far as the personal data as processed and which relates to yourself is incorrect or incomplete. The responsible party has to carry out the correction without delay.
12.3 Right to restriction of the processing
Subject to the meeting of the following preconditions you can demand restriction of the processing of the personal data relating to you:
- if you dispute the correctness of the personal data relating to yourself for a period which makes it possible for the responsible party to check the correctness of the personal data;
- the processing is unlawful and you reject deletion of the personal data and instead demand restriction of the use of the personal data;
- the responsible party no longer needs the personal data for purposes of the processing but you need the data for the advancing, exercising or defending of legal claims, or
- if you have advanced objection to the processing in accordance with Article 21 Para. 1 GDPR but it has not yet been established whether the justified reasons of the responsible party outweigh your reasons.
If the processing of the personal data relating to yourself has been restricted, then this data – apart from the storing of this – may only be processed with your consent or for the assertion, exercising or defending of legal claims or for the protection of the rights of another natural person or legal entity or for reasons relating to an important public interest of the European Union or of a member state.
If the restriction of the processing has been restricted in accordance with the afore-mentioned preconditions, then you will be informed by the responsible party before the restriction is removed.
12.4 Right to deletion
12.4.1 Deletion obligation
You can demand of the responsible party that the personal data relating to yourself is deleted without delay and the responsible party is then obliged to delete this data without delay in so far as one of the following reasons applies:
- The personal data relating to yourself is no longer required for the purposes for which it was collected or for which it was processed.
- You revoke your consent, on which processing in accordance with Article 6 Para. 1 lit. a or Article 9 Para.2 lit. a GDPR was based, and there is no other legal foundation for the processing.
- You submit an objection to the processing in accordance with Article 21 Para. 1 GDPR and there are no justified reasons for the processing with a higher priority, or you submit an objection to the processing in accordance with Article 21 Para. 2 GDPR.
- The personal data relating to you was processed in an unlawful manner.
- The deletion of the personal data relating to you is required to fulfil a legal obligation in accordance with European Union law or the law of the member states, which laws the responsible party is subject to.
- The personal data relating to you was collected in relation to services offered by the information company in accordance with Article 8 Para. 1 GDPR.
12.4.2 Information to third parties
If the responsible party has made the personal data relating to you public and if he/she is obliged to delete this data in accordance with Article 17 Para. 1 GDPR, then he/she shall take reasonable measures including ones of a technical nature – whereby account shall be taken of the available technology and the implementation costs – to inform the responsible parties for the data processing which process the personal data that you as data subject have demanded from them the deletion of all links to this personal data or of copies or replicates of these.
12.4.3 Exceptions
The right to deletion does not exist in so far as the processing is necessary for
- the exercising of the right of free expression of opinion and to information;
- for the fulfilment of a legal obligation, which requires the processing in accordance with the law of the European Union or the law of the member states, which laws the responsible party is subject to, or for the carrying out of a task, which lies in the public interest or which is carried out in the exercising of public authority, which authority was transferred to the responsible party;
- for reasons of public interest in the field of public health in accordance with Article 9 Para. 2 lit. h and i as well as Article 9 Para. 3 GDPR;
- for archiving purposes, scientific or historical research purposes lying in the public interest or for statistical purposes in accordance with Article 89 Para. 1 GDPR, in so far as the right named in section a) probably makes the reaching of the objectives of the processing impossible or impairs it seriously, or
- for the advancing, exercising or defending of legal claims.
Moreover, the right to deletion does not exist in so far as the personal data has to be stored by the controller in order to fulfill legal duties to preserve records and legal retention periods. In such a case instead of deletion blockage of the personal data applies.
12.5 Right to information
If you have advanced the right to the correcting, deleting or restricting of the processing vis à vis the responsible party, then the latter is obliged to inform all recipients, to which the personal data relating to you was disclosed, of this correction or deletion of the data or of the restricting of the processing, unless this proves itself to be impossible or linked with unreasonable expenditure.
You are entitled to the right vis à vis the responsible party to be informed about these recipients.
12.6 Right to data portability
You have the right to receive the personal data relating to you, which you made available to the responsible party, in a structured, conventional and machine-readable format. In addition, you have the right to transmit this data to another responsible party without hindrance by the responsible party to whom the personal data was made available, in so far as
- the processing is based on a consent in accordance with Article 6 Para. 1 lit. a GDPR or Article 9 Para. 2 lit. a GDPR or on a contract in accordance with Article 6 Para. 1 lit. b GDPR and
- the processing is carried out with the aid of automated processes.
In exercising this right, you have in addition the right to bring about the situation that the personal data relating to you is transferred directly from one responsible party to another responsible party in so far as this is technically possible. The freedoms and rights of other persons may not be impaired thereby.
The right to data portability does not hold good for the processing of personal data, which is necessary for the carrying out of a task, which lies in the public interest or in the exercising of public authority and which task was transferred to the responsible party.
12.7 Right to object
For reasons which result from your particular situation you have the right to advance at any time objection to the processing of the personal data relating to you, which processing is carried out on the basis of Article 6 Para. 1 lit. e or f GDPR; this right also holds good for profiling based on these provisions.
The responsible party shall then no longer process the personal data relating to you, unless he/she can demonstrate compelling reasons worthy of protection, which reasons outweigh your interests, rights and freedoms or where the processing serves the advancing, exercising or defending of legal claims.
If the personal data relating to you is processed for the carrying out of direct advertising, then you have the right to advance at any time objection to the processing of the personal data relating to you for purposes of such advertising; this holds good too for profiling in so far as this is carried out in connection with such direct advertising.
If you object to the processing for purposes of direct advertising, then the personal data relating to you will no longer be processed for these purposes.
You have the opportunity – in connection with the use of services of the information company and regardless of directive 2002/58/EC – to exercise your right of objection with the aid of automated processes in which technical specifications are used.
12.8 Right to withdraw from the declaration of consent under data protection law
You have the right to withdraw your consent at any time and without giving reasons. In the event of withdrawal we immediately will delete your personal data and no longer process it. The legality of the processing carried out on the basis of your given consent and carried out prior to your withdrawal is not affected by you withdrawal.
12.9 Automated decision-making in individual cases including profiling
You have the right to not subject yourself to a decision based solely on an automated processing process – including profiling – which unfolds a legal effect vis à vis yourself or which impairs you significantly in a similar way. This does not hold good if the decision
- is necessary for the concluding or fulfilment of a contract between you and the responsible party,
- is permissible on the basis of legal regulations of the European Union or of its member states, which the responsible party is subject to, and these regulations contain reasonable measures for the maintenance of your rights and freedoms as well as for your legitimate interests or
- is carried out with your explicit consent.
However, these decisions may not be based on particular categories of personal data in accordance with Article 9 Para. 1 GDPR, in so far as Article 9 Para. 2 lit. a or g does not hold good and reasonable measures have been taken for the protection of the rights and freedoms as well as of your legitimate interests.
In respect of the cases named in (1) and (3) above the responsible party shall take reasonable measures to ensure the rights and freedoms as well as your legitimate interests, whereby belonging thereto is at the least the right to the affecting of the intervention of a person on the side of the responsible party for the representation of the responsible party’s standpoint and to the challenging of the decision.
12.10 Right to complain at a supervisory authority
Regardless of another regulatory or judicial remedy, you are entitled to the right to lodge a complaint at a supervisory authority and here in particular at a supervisory authority in the member state of your place of residence, of your place of work or of the place where the suspected infringement took place when you are of the opinion that the processing of the personal data relating to you infringes the GDPR.
In this situation the supervisory authority, at which the complaint was lodged, shall inform the complainant on the status and the results of the complaint including the possibility of a judicial remedy in accordance with Article 78 GDPR.
Status: May 2018
Responsible party: basysKom GmbH
