7. rights of the data subject
a) Right of access
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Maker, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. In addition, the European Directive and Regulation Legislator has granted the data subject access to the following information:
- the purposes of processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or to obtain the restriction of processing by the controller, or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: Any available information about the origin of the data
- The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
b) Right to rectification
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to demand the immediate rectification of any inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data - also by means of a supplementary declaration - taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.
c) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is no longer necessary:
- The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject revokes his or her consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO.
- The personal data have been processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data has been collected in relation to information society services offered pursuant to Article 8(1) DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Josef Jansen GmbH & Co. KG, he or she may, at any time, contact any employee of the controller. The employee of the Josef Jansen GmbH & Co. KG shall arrange for the erasure request to be complied with immediately.
If the personal data was collected by the Josef Jansen GmbH & Co. KG has been made public and our company as the responsible party is obliged to delete the personal data pursuant to Art. 17 Para. 1 DS-GVO, the Josef Jansen GmbH & Co. KG shall implement reasonable measures, including technical measures, taking into account the available technology and the costs of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of the Josef Jansen GmbH & Co. KG will arrange the necessary in individual cases.
d) Right to restriction of processing
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the restriction of processing where one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
- The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Josef Jansen GmbH & Co. KG, he or she may, at any time, contact any employee of the controller. The employee of the Josef Jansen GmbH & Co. KG will arrange the restriction of the processing.
e) Right to data portability
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Josef Jansen GmbH & Co. KG at any time.
f) Right to object
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.
The Josef Jansen GmbH & Co. KG shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If the Josef Jansen GmbH & Co. KG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to the Josef Jansen GmbH & Co. KG to processing for the purposes of direct marketing, the Josef Jansen GmbH & Co. KG will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the Josef Jansen GmbH & Co. KG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the Data Protection Regulation (DS-GVO), unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the Josef Jansen GmbH & Co. KG or another employee. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
g) Automated decisions in individual cases, including profiling.
Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, the Josef Jansen GmbH & Co. KG will take reasonable steps to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which at least include the right to obtain the intervention of a data subject on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
h) Right to withdraw consent under data protection law.
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation-maker, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
i) Right to lodge a complaint with the supervisory authority
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to lodge a complaint with a supervisory authority pursuant to Article 77 of the GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.