DATA PRIVACY POLICY
Sect. 1 General
We will process your personal data (e.g. title, name,
address, e-mail address, phone number) solely in accordance with the provisions
of the German data protection law and the data protection law of the European
Union (EU). The following provisions will inform you, besides the information
about the processing purposes, recipients, legal bases and storage periods,
also about your rights and the controller for your data processing. This
privacy policy applies only to our websites. If you are directed to other sites
via links on our pages, please familiarise yourself with the respective use of
your data there.
Sect. 2 Information about cookies
(1) Purpose of data processing
This website uses technically necessary cookies. These are
small text files that are stored in or by your Internet browser on your
computer system.
(2) Legal basis
The legal basis for such processing is set out in Article 6
(1) (f) of the GDPR.
(3) Legitimate interest
Our legitimate interest is the functionality of our website.
The user data collected by technically necessary cookies are not used to create
user profiles. This preserves your interest in data protection.
(4) Duration of Storage
The technically necessary cookies are usually deleted when
the browser is closed. Persistent cookies have different validity period from a
few minutes to several years.
(5) Right of objection
If you do not wish these cookies to be stored, please
deactivate the use of cookies in your Internet browser. However, this may cause
a functional limitation of our website. You can also delete persistent cookies
at any time by changing your browser settings.
Sect. 3 Rights of the data subject
If your personal data is being processed, you are the ‘data
subject’ in terms of GDPR and you have the following rights towards the
controller:
1. Right of access by the data subject
You may ask the controller to confirm whether your personal
data is processed.
In the case of such processing, you may request the
following information from the controller:
(1) the purposes of the processing of the personal data;
(2) the categories of personal data concerned;
(3) the recipients or categories of recipient to whom the
personal data have been or will be disclosed;
(4) the estimated period of time for which the personal data
will be stored, or, if not possible, the criteria used to determine that
period;
(5) the right to request from the controller to rectify or
erase the personal data or the right to restrict 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) the right to all available information on the source of
the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including
profiling in accordance with Article 22 (1) and (4) of the GDPR and – at least
in these cases – meaningful information for your about the logic involved, as
well as the consequences and intended effects of such processing.
As a data subject, you have the right to be informed whether
the personal data concerning you are transferred to a third country or to an
international organisation. In this regard, you may request to be informed of
the appropriate safeguards pursuant to Article 46 GDPR relating to the
transfer.
2. Right to rectification
You have the right to have corrected and/or completed your
personal data from the controller if your personal data processed is incorrect
or incomplete. The controller has to make the correction without delay.
3. Right to restriction of processing
You have the right to obtain from the controller restriction
of processing where one of the following applies:
(1) if you contest the accuracy of the personal data
relating to you for a period of time that enables the controller to verify the
accuracy of the personal data;
(2) the processing is unlawful and you refuse to erase 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 processing, but you need them to establish, exercise or defend
legal claims; or
(4) if you have lodged an objection against the processing
in accordance with Art. 21 (1) GDPR and it has not yet been determined whether
the legitimate reasons of the controller outweigh your grounds.
Where processing of personal data relating to you has been
restricted, such data may, with the exception of storage, only be processed
with your consent or for the purpose of establishing, exercising or defending
legal claims or for the protecting of the rights of another natural or legal
person or for reasons of an important public interest of the Union or of a
Member State.
If the restriction of processing has been restricted in
accordance with the conditions mentioned above, you will be informed by the
controller before the restriction of processing is lifted.
4. Right to erasure
a) Obligation regarding erasure
You have the right to obtain from the controller the erasure
of your personal data immediately and the controller is obliged to erase this
data without delay where one of the following reasons applies:
(1) the personal data are no longer necessary for the
purposes for which they were collected or otherwise processed;
(2) you withdraw your consent on which the processing is
based accordance to point (a) of Article 6 (1), or point (a) of Article 9 (2)
GDPR and where there is no other legal ground for the processing;
(3) you submit an objection to the processing accordance to
Article 21 (1) of the GDPR, and there are no legitimate reasons for the
processing, or you lodge an objection against the processing accordance to
Article 21 (2) of the GDPR;
(4) your personal data have been unlawfully processed;
(5) your personal data need to be erased for compliance with
a legal obligation in Union or Member State law to which the controller is
subject;
(6) your personal data have been collected in relation to
the offer information society services referred to Article 8 (1);
b) Obligation to inform other controllers (third parties)
If the controller has made your personal data public and is
obliged to erase them accordance to Article 17 (1) of the GDPR, he has to take
reasonable steps, taking into account the available technology and the cost of
implementation, including technical measures, to inform the controllers who
process the personal data that you, as the person concerned, have requested the
erasure of any links to, or copy or replication of those personal data.
c) Exceptions
The right to erasure does not apply to the extent that
processing is necessary:
(1) for exercising the right of freedom of expression and
information;
(2) for fulfilment of a legal obligation which requires
processing by the law of the Union or of the Member States to which the
controller is subject, or for the performance of a task carried out in the
public interest or the exercise of official authority transferred to the
controller;
(3) for reasons of public interest in the area of public
health in accordance with points (h) and (i) of Article 9 (2) as well as
Article 9 (3) of the GDPR;
(4) for archiving purposes in the public interest,
scientific or historical research or for statistical purposes in accordance
with Article 89 (1), insofar as the right referred to in paragraph 1 is likely
to make it impossible or seriously impair the achievement of the objectives of
such processing; or
(5) for the establishing, exercising or defending legal
claims.
5. Notification obligation
If you have made use of your right to correct, erase or
restrict the processing of your personal data, the controller is obliged to
inform all recipients to whom the personal data have been disclosed of this
correction or erasure of the data or limitation of the processing, unless this
proves to be impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the
controller.
6. Right to data portability
You have the right to receive the personal data relating to
you which you have provided to the data controller, in a structured, commonly
used and machine-readable format. In addition, you have the right to transmit
this data to another controller without hindrance by the controller, who has
been provided with the personal data, where:
(1) the processing is based on a consent in accordance with
the point (a) of Article 6 (1) or point (a) of Article 9 (2) or on a contract
in accordance with the point (b) of Article 6 (1); and
(2) the processing is carried out using automated means.
In exercising this right, you also have the right to have
your personal data are transmitted directly from one controller to another, as
far as this is technically feasible. Freedoms and rights of other persons may
not be affected thereby.
The right to data portability is not applicable 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 given to the
data controller.
7. Right to object
For reasons arising from your particular situation, you have
the right to object at any time to processing of personal data concerning you,
which is carried out based on point (e) or (f) of Article 6 (1); this also
applies to profiling based on these provisions.
The controller will no longer process the personal data
concerning you, unless the controller can prove that there are compelling
legitimate grounds for the processing that outweigh your interests, rights and
freedoms or the processing serves to establish, exercise or defend legal
claims.
Where the personal data concerning you are processed for
direct marketing purposes, you have the right to object at any time to
processing of personal data concerning you for such marketing; this also
applies to profiling, insofar as it is related to such direct marketing.
Where you object to the processing for the purposes of
direct marketing, the personal data concerning you will no longer be processed
for these purposes.
In the context of the use of information society services,
and notwithstanding Directive 2002/58/EC, you have the possibility of
exercising your right to object by automated means using technical
specifications.
8. Right to withdraw the declaration of consent under
Data Protection Act
You have the right to withdraw your declaration of consent
under Data Protection Act at any time. The withdrawal of the consent does not
affect the legality of the processing carried out on the basis of the consent
until the withdrawal.
9. Automated individual decision-making, including
profiling
You have the right not to be subject to a decision based
solely on automated processing, including profiling, which has legal effect on
you or which significantly impairs you in a similar manner.
This does not apply if the decision:
(1) is necessary for entering into, or performance of, 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 based on your explicit consent.
However, these decisions may not be based on special
categories of personal data in accordance with Article 9 (1), unless point (a)
or (g) of Article 9 (2) applies and appropriate measures to safeguard the
rights and freedoms and your legitimate interests are in place.
Regarding the cases referred to in (1) and (3), the data
controller has to take appropriate measures to safeguard the rights and
freedoms and your legitimate interests, at least the right to obtain human
intervention on the part of the data controller, to state his or her own
position 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 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 your
personal data infringes this Regulation.
The supervisory authority with which the complaint has been
lodged is to inform the complainant on the progress and the outcome of the
complaint including the possibility of judicial remedy accordance to Article
78.
Responsible for data
processing:
5AXperformance GmbH
Wildmoos 4
82266 Inning
Phone: 08143 / 99 245 10
cw@5AXperformance.de