OBERMEYER Planen + Beraten GmbHOBERMEYER Planen + Beraten GmbH

YOUR RIGHT AS DATA SUBJECT

Under the European General Data Protection Regulation you have the following rights as a data subject:

Information: You have the right to require the controller to confirm whether your data is processed by him and, if so, the right to information about this personal data, the purpose of processing, the categories of personal data, the recipients or categories of recipients to whom your data have been or will be disclosed, if possible the planned duration of the data storage or the criteria for determining the duration of the processing.

The right of access is restricted if the provisions of Section 34 paragraph 1 of the German Federal Data Protection Act, amended version, are fulfilled.

If the data are not collected directly from you, there is a right to information about their origin.

If the data are transmitted to an EEA third country or an international organization, you have the right to be informed about appropriate guarantees under Article 46 GDPR.

The controller will provide a copy of the data that is the subject of the processing.

Correction: You have the right to demand from the controller immediate correction of incorrect personal data concerning you and to demand the completion of incomplete personal data, taking into account the processing purpose.

Deletion: You have the right to demand that the controller delete your personal data immediately, provided

  • the data has been processed for the purposes of the survey and is no longer necessary or
  • you have revoked your consent in accordance with Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a GDPR and another legal basis for the processing is missing or
  • you object to the processing in accordance with Article 21 paragraph 1 GDPR and there are no legitimate grounds for the processing or you object to the processing in accordance with Article 21 paragraph 2 GDPR or
  • your data has been processed unlawfully or
  • the deletion is subject to the fulfilment of legal obligations or
  • the data were collected in relation to a service provided by the information society in accordance with Article 8 paragraph 1 GDPR.

If the controller has made the personal data publicly available and is required to delete it in accordance with Article 17 paragraph 1 GDPR, he shall, in consideration of the available technology and the implementation costs, take appropriate measures, also of a technical kind, to inform controllers responsible for the data processing that the data subject has requested that they delete all links to such personal data or copies or replications.

The aforementioned rights do not apply insofar as

  • the processing is necessary for exercising the right to freedom of expression,
  • they are necessary to fulfil a legal obligation of the controller which calls for the processing or
  • they are required for the assertion, exercise or defence of legal claims,
  • statutory or contractual retention periods in accordance with Section 35 paragraph 3 German Federal Data Protection Act, amended version, conflict with the deletion.

The right to deletion may be replaced in cases of Section 35 German Federal Data Protection Act, amended version, in which a deletion is not possible or with a disproportionate effort, possibly through a restriction of the processing. The same applies if the controller has reason to believe that deletion would adversely affect a legitimate interest of the data subject. If possible, the controller will inform the data subject about the restriction.

Restriction of processing: You have the right to demand that the controller restricts the processing under the following conditions:

  • You deny the accuracy of your personal data for a duration that allows the controller to verify the accuracy or
  • if the processing is illegal and a deletion is refused or
  • the data controller no longer needs the data for the purpose of the processing, the data subject however requires them for asserting, exercising or defending legal claims or
  • if you objected to the processing in accordance with Article 21 paragraph 1 GDPR, as long as it is still not certain that the controller's legitimate reasons predominate over the data subject.

If the processing has been restricted in accordance with Article 18 paragraph 1 GDPR, these data may only be stored with the consent of the data subject or for the purposes of asserting, exercising or defending legal claims or protecting another natural or legal person or for reasons of important public interest.

The data subject who has obtained a restriction of processing will be informed by the controller before the restriction is lifted.

Objection to processing: You may object to the processing of your data at any time for reasons that arise from your particular situation, provided that the processing is based on Article 6 paragraph 1 letter e or f GDPR.

Then the controller only processes the personal data if he can demonstrate compelling legitimate reasons in favour of the processing which outweigh the interests, rights and freedoms of the data subject or if the processing serves the purposes of the assertion, exercise or defence of legal claims.

If personal data are processed in order to operate direct mail, then the data subject has the right to object at any time to the processing of his personal data.

This also applies to profiling, as far as it is related to direct mail.

The data will then no longer be processed for the purpose of direct mail.

The reference to this right must be made at the latest at the time of the first communication.

In relation to the use of information society services, the data subject may exercise his right of opposition through automated procedures using technical specifications.

Revocation of consent: As long as the processing of your personal data is based on your consent, you have the right to revoke your consent at any time in accordance with Article 7 paragraph 3 GDPR.

Consequences of non-provision of data: You are not obliged to provide us with the data of the inquiry form. However, a non-provision might have the consequence that your inquiry cannot be processed.

Right to data portability: You have the right to receive the personal data relating to you which you have provided to the controller in a structured, common and machine-readable format and to transmit these data to another controller without restriction provided

  • the processing is effected on the basis of your consent in accordance with Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a GDPR or
  • is based on a contract in accordance with Article 6 paragraph 1 letter b GDPR or
  • the processing is effected using automated procedures.

In the exercise of this right, the data subject can obtain that the data is transmitted directly from one controller to another controller, insofar as this is technically feasible and no rights and freedoms of other persons are impaired.

Automated decision-making or profiling: If the controller performs automated decision-making or profiling, you have the right not to be subjected solely to decisions made on the basis of automated processing - including profiling - which have legal effects on you or significantly affect you in a similar manner.

This does not apply if

  • the decision to conclude or fulfil a contract between you and the controller is required or
  • legal provisions to which the controller is subject allow this and these regulations contain appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject or
  • the processing takes place with your express consent.

Unless the processing is based on law, the controller will take reasonable steps to safeguard your rights and freedoms, as well as your legitimate interests.

Decisions according to the aforementioned exceptions may not be based on specific categories of personal data under Article 9 paragraph 1 GDPR, except as provided for in Article 9 paragraph letter a or g GDPR and appropriate measures to safeguard your rights and freedoms and legitimate interests were taken.

Right of complaint to a supervisory authority: You have the right to complain to a supervisory authority.