Every data subject has the right granted by the European legislator to request confirmation from the data controller as to whether personal data concerning them are being processed. Should a data subject wish to exercise this right to confirmation, they can contact an employee of the data controller at any time.
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the data controller information about the personal data stored about them at any time, free of charge, as well as a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain information about the following:
- the processing purposes
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly recipients in third countries or international organizations
- If possible, the planned duration for which the personal data will be stored, or if not possible, the criteria used to determine that duration
- the existence of the right to rectify or erase personal data concerning them, or to restrict its processing by the controller, or the right to object to this processing
- the existence of a right to lodge a complaint with a supervisory authority
- if the personal data is not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) DS-GVO/ GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has a right to information as to whether personal data has 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 avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
- c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
- d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary
- The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the DS-GVO/GDPR, or point (a) of Article 9(2) of the DS-GVO/GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21 (1) DS-GVO/GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) DS-GVO/GDPR.
- The personal data was processed unlawfully.
- The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) DS-GVO/ GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the NUSEC GmbH, he or she may, at any time, contact any employee of the controller. An employee of NUSEC GmbH shall promptly ensure that the erasure request is complied with immediately.
If the personal data have been made public by the NUSEC GmbH and our company, as the controller, is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, the NUSEC GmbH shall implement suitable measures, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the NUSEC GmbH will arrange the necessary measures in individual cases.
- e) Right to restrict processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) DS-GVO/ GDPR pending the verification 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 the processing of personal data stored by the NUSEC GmbH, he or she may at any time contact any employee of the controller. The employee of the NUSEC GmbH will arrange the restriction of the processing.
- f) Right to data portability
Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the DS-GVO/ GDPR or point (a) of Article 9(2) of the DS-GVO/ GDPR or on a contract pursuant to point (b) of Article 6(1) of the DS-GVO/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, in exercising his or her right to data portability pursuant to Article 20(1) of the DS-GVO/ GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the NUSEC GmbH.
Any person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the DS-GVO/ GDPR. This also applies to profiling based on these provisions.
The NUSEC GmbH 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 establishment, exercise or defense of legal claims.
If the NUSEC GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the NUSEC GmbH to the processing for direct marketing purposes, the NUSEC GmbH 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 by the NUSEC GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the DS-GVO/ GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the NUSEC GmbH. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
- h) Automated decisions in individual cases including profiling
Each data subject shall have the right granted by the European legislator 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, if the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on 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 a data controller, or (2) it is based on the data subject’s explicit consent, the NUSEC GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the controller.
- i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.