1. The controller
Name and address of the controller
The controller responsible for data processing within the meaning of the General Data Protection Regulation, other EU Member State data protection laws and further data protection regulations is:
Munich Aerospace e. V.
Willy-Messerschmitt-Str. 1
D-82024 Taufkirchen
GERMANY
E-mail: info@munich-aerospace.de
www.munich-aerospace.de
2. Definitions
The privacy statement is based on the terms used by the European legislator when adopting the EU General Data Protection Regulation (hereinafter: “GDPR”). The privacy statement shall be easy to read and understand. To ensure this, the most important terms are explained below:
2.1 Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one 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 this natural person.
2.2 Data subject means any identified or identifiable natural person whose personal data is processed by the controller.
2.3 Processing means any operation or set of operations which is performed on personal data or on sets of 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.
2.4 Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.
2.5 Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
2.6 The controller or person responsible for processing means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
2.7 Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
2.8 Recipient means a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
2.9 Third party means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
2.10 Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to you.
3. Provision of the website and creation of log files
In the case of purely informational use of the website, i.e., if you do not register or otherwise transmit information to us, we automatically collect the following data and information from the computer system of the calling computer each time the website is called up:
- IP address of the user (anonymised)
- Information about the browser type and version used
- Operating system of the user
- Date and time of access
- Websites from which the user’s system accesses the website
- Remote login name and remote user for authenticated sessions
- Content of the calls
- Volume of data transmitted
- Name of the called up file
The data will also be stored in the log files of our system. These data will not be stored together with other personal data of the user.
When using this general data, we do not draw any conclusions about the data subject. The data is only evaluated statistically.
The legal basis for the temporary storage of the log files is Art. 6(1) p. (f)) GDPR.
The temporary storage of the data by the system is necessary in order to
- enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
- to optimise the content of our website as well as the advertising for it
- to ensure the functionality of our information technology systems and the technology of our website
- to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack
- The temporary storage of banner data by the system is necessary in order to fulfil the data protection requirements.
These purposes also constitute our legitimate interest in data processing pursuant to Art. 6(1) page. 1 (f)) GDPR.
The data is deleted as soon as it is no longer required to achieve the purpose – in this case at the end of the usage process.
In the case of storing data in log files, this is the case after 7 days at the latest. Storage beyond this period is possible. In this case, the IP addresses are deleted or anonymised so that it is no longer possible to assign the calling client.
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website, which is why there is no possibility to object.
4. Use of cookies
4.1 General
This website uses so-called cookies. Cookies are small text files which, as soon as you visit a website, are sent to your browser by a web server and stored locally on your terminal device (PC, notebook, tablet, smartphone, etc.) and stored on your computer and send certain information to the user (i.e., us). Cookies do not cause any damage to the computer and do not contain viruses. Each cookie contains a characteristic string of characters (so-called cookie ID) that enables the browser to be uniquely identified when the website is called up again.
Permanent (persistent) cookies remain stored even if the browser session is ended and can be called up again when you visit the site again. The cookies are stored on your computer and transmitted from it to our site. Therefore, you also have full control over the use of cookies. If you do not wish data to be collected via cookies, you can set your browser via the menu under “Settings” so that you are informed about the setting of cookies or generally exclude the setting of cookies or can also delete cookies individually. However, please note that the functionality of this website may be limited if cookies are deactivated. As far as session cookies are concerned, they will be automatically deleted after leaving the website.
When accessing our website, you will be informed about the use of cookies and consent to the processing of personal data used in this context will be obtained. In this context, a reference to this privacy statement is also made.
4.2 Technically required cookies
On the one hand, we use technically required cookies to keep the website functional. Some elements of our website require that the calling browser can be identified even after a page change. Furthermore, we use technically required cookies to comply with legal requirements or to make our website more user-friendly; for this purpose, the following data may be stored and transmitted: Language settings, cookie consents. The user data collected through technically required cookies are not used to create user profiles.
You can find out more about the cookies we use in the cookie banner. Furthermore, you can access the information at any time by clicking on “Change privacy settings” in the footer.
The legal basis for the processing of personal data using technically necessary cookies in the sense of Section 25(2) TTDSG is Art. 6(1) p. 1(f) GDPR.
4.3 Technically not required cookies
We also use technically not required cookies on our website for the user-friendly use of our website by integrating third-party cookies (YouTube, Google Maps, newsletter service).
The purpose of using technically not required cookies is to improve the quality of our website and its content. The following data is collected, among others: search terms entered, frequency of page views, use of certain website functions.
Section 25(1) TTDSG further stipulates that the storage of information in the end user’s terminal equipment or access to information already stored in the terminal equipment is only permissible if the end user has consented on the basis of clear and comprehensive information. Consent must be given in accordance with the GDPR.
According to Section 25(2) TTDSG, consent is not required in narrowly defined exceptional cases, e.g.
- if the sole purpose of storing information in the end user’s terminal equipment or the sole purpose of accessing information already stored in the end user’s terminal equipment is to carry out the transmission of a communication over a public telecommunications network.
- where the storage of information in the end-user’s terminal equipment or the access to information already stored in the end-user’s terminal equipment is strictly necessary to enable the provider of a telemedia service to provide a telemedia service explicitly requested by the user.
Accordingly, technically not required cookies require consent.
You can find out more about the cookies we use in the cookie banner. Furthermore, you can access the information at any time by clicking on “Change privacy settings” in the footer.
The legal basis for the processing of personal data using technically not required cookies is Art. 6(1) (a)) GDPR if consent has been given.
You can configure your cookie settings in the browser in each case. Furthermore, you can change the cookie settings via our Consent banner, which is displayed in the corner, at any time and thus revoke your consent.
5. Consent banner Real Cookie Banner
We use the Consent Banner of devowl.io GmbH, Tannet 12, 94538 Grafling, GERMANY. We use this data to ensure the full functionality of our website and to request any necessary consent in connection with cookies and other data transmissions. In this context, your browser will transmit personal data (including information on your consent or revocation of consent, the IP address, information on browser and terminal device as well as the time of the visit) to devowl.io GmbH. The legal basis for the data processing is Art. 6(1) (f) and, due to the fact that we require this by law, Art. 6(1) (c) GDPR. The legitimate interest lies in the error-free functioning of the website as well as in ensuring the data protection-compliant retrieval of consent. The data will be deleted as soon as the purpose of its collection has been fulfilled.
The data is stored until you either request us to delete it, deactivate or delete the cookie yourself (see item 4) or until the expiry of the respective cookie period.
6. E-mails
You are welcome to contact us by e-mail. In this case, personal data transmitted with the e-mail will be stored. Insofar as this involves information on communication channels (e.g., e-mail address, telephone number), you also agree that we may contact you via this communication channel to answer your request. In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
The legal basis for the processing of data transmitted while sending an e-mail is Art. 6(1) p. 1 (f) GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6(1) p. 1 (b) GDPR.
Of course, we will use the data from your e-mail enquiries exclusively for the purpose for which you provide them to us when contacting us. Other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems. This is also our legitimate interest.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation has ended when the circumstances indicate that the matter in question has been conclusively clarified. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest. If the e-mail contact is aimed at the execution of a contract, the data will be deleted after the expiry of the legal (commercial or tax) storage periods required for this purpose.
You have the option to revoke your consent to the processing of the e-mail and its content at any time. In such a case, the conversation cannot be continued. For this purpose, please contact the controller pursuant to Section 1. However, this revocation option only exists insofar as the e-mail contact does not serve the preparation or execution of a contract.
7. Newsletter
With your consent, you can subscribe to our free newsletter, with which we inform you about our current interesting offers. The advertised goods and services are specified in the declaration of consent. We use the so-called double-opt-in procedure to register for our newsletter. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. In addition, we store your IP addresses and the times of registration and confirmation. The purpose of this procedure is to prove your registration and, if necessary, to be able to clarify a possible misuse of your personal data.
Your e-mail address is the only mandatory information for sending the newsletter.
We use Mailpoet to send our newsletter. However, the data is not stored on the servers of the Mailpoet provider, but on the web server (see item 9.2).
The legal basis for the processing of the data after the user has registered for the newsletter is Art. 6(1) p. 1 (a) GDPR if consent has been given. The legal basis for sending the newsletter on the basis of the customer relationship is Art. 7(3) UWG. The use of the dispatch service provider and the logging of the registration process are based on our legitimate interests pursuant to Art. 6(1) p. 1 (f) GDPR.
The collection of the user’s email address serves to deliver the newsletter. The collection of other personal data (IP address, time of registration/confirmation) as part of the registration process serves to prevent misuse of the services or the email address used.
The information is stored for as long as you have subscribed to the newsletter. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Your email address is therefore stored for as long as the newsletter subscription is active. The other personal data collected during the registration process (IP address, time of registration/confirmation) is usually deleted after a period of seven days.
You can cancel the receipt of our newsletter at any time and thus revoke your consent by clicking on the “Unsubscribe from newsletter” field in our newsletter boilerplate or by sending us an e-mail or a message to the contact details given in the imprint. This also enables you to revoke your consent to the storage of personal data collected during the registration process (IP address, time of registration/confirmation).
8. SSL encryption
Our website uses SSL encryption when transmitting confidential or personal data. This encryption is used, for example, for payment transactions and for enquiries to us via this website. To ensure that this encryption is actually active, you need to monitor it. The status of the encryption can be seen in the browser line, which changes from “http://” to https:// in the case of encryption. In the case of encryption, your data cannot be read by third parties. If the encryption is not active, please contact us in confidence via another contact option.
9. Disclosure of personal data to third parties
9.1 Links to external websites
This website contains links to external sites. We are responsible for our own content. We have no influence on the contents of external links and are therefore not responsible for them. In particular, we do not adopt their contents as our own. If you are directed to an external site, the respective privacy statement provided applies. If you notice any illegal activities or content on this site, you are welcome to inform us about it. In this case, we will check the content and react accordingly (notice and take down procedure).
9.2 Rented server space
We would like to inform you that we use a rented server space from the provider Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, GERMANY, www.hetzner.com. When visiting the website, the server space provider may automatically receive information. This information is automatically stored in so-called server log files (see Section 3), which are automatically transmitted by your browser. You can find more information about the data in Section 3.
9.3 Google Maps
We use the offer of Google Maps on this website. This allows us to show you interactive maps directly on the website and enables you to use the map function conveniently. By visiting the website, Google receives the information that you have accessed the corresponding sub-page of our website.
However, the information is only passed on if you give your consent in the Consent banner. This means that when you visit our site, no personal data is initially passed on to Google Maps. Only if you consent to the transmission and thereby activate it, will Google receive the information that you have accessed the corresponding website of our online offer.
The following data will be transmitted:
- Device-specific information, such as the hardware used; version of the operating system; unique device identifier and information about the mobile network, including your telephone number.
- Log data in the form of server logs. This includes, but is not limited to, details of how the services have been used, for example, search queries; IP address; hardware settings; browser type; browser language; date and time of your request; originating page; cookies that uniquely identify your browser or Google account.
- Location-based information. Information about your actual location may be collected by Google. This includes, for example, your IP address, Wi-Fi access points or mobile phone masts.
- For more information about the data collected by Google, INC, please visit the following link: https://policies.google.com/privacy?hl=en&gl=en
This takes place regardless of whether Google provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account.
The legal basis for the processing of personal data is Art. 6(1) p.1 (a) GDPR. The European Commission has decided that an adequate level of data protection exists in the US. Google has certified itself for this under the relevant agreement. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or needs-based design of its website. Such evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. If you do not wish to be associated with your Google profile, you must log out before activating the button.
You have the right to object to the creation of these user profiles, and to exercise this right you must contact Google Ireland Ltd, Gordon House, 4 Barrow St., Dublin, D04 E5W5, Ireland.
The duration of storage depends on Google’s storage periods.
Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the provider’s data protection regulations. There you will also find further information on your rights in this regard as well as setting options for protecting your privacy: http://www.google.de/intl/de/policies/privacy.
9.4 Integration of YouTube videos
We have integrated YouTube videos into our online offer, which are stored on http://www.YouTube.com and can be played directly from our website. YouTube is operated by YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, US. YouTube LLC is a subsidiary of Google Inc.
These are all integrated in “extended data protection mode”, i.e., no data about you as a user is transmitted to YouTube if you do not play the videos. The data mentioned below is only transmitted when you play the videos.
We have no influence on this data transmission. By visiting the website, YouTube receives the information that you have accessed the corresponding sub-page of our website.
The following data will be transmitted:
- Device-specific information, such as the hardware used; version of the operating system; unique device identifier and information about the mobile network, including your telephone number.
- Log data in the form of server logs. This includes, but is not limited to, details of how the services have been used, for example, search queries; IP address; hardware settings; browser type; browser language; date and time of your request; originating page; cookies that uniquely identify your browser or Google account.
- Location-based information. Information about your actual location may be collected by Google. This includes, for example, your IP address, Wi-Fi access points or mobile phone masts.
- For more information about the data collected by Google, INC, please visit the following link: https://policies.google.com/privacy?hl=en&gl=en
This takes place regardless of whether YouTube provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account.
The legal basis for the processing of personal data is Art. 6(1) p. 1 lit (a) GDPR. The European Commission has decided that an adequate level of data protection exists in the US. Google has certified itself for this under the relevant agreement. The integration of the videos serves to make the website more vivid for the user and to increase the search engine ranking of the website on Google and to refer more specifically to our specially produced videos. YouTube stores your data as usage profiles and uses them for the purposes of advertising, market research and/or needs-based design of its website. Such evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. If you do not wish to be associated with your YouTube profile, do not click on the video.
The duration of storage depends on YouTube’s storage periods. You have the right to withdraw against the creation of these user profiles, and to exercise this you must contact YouTube or the controller, namely Google Ireland Ltd, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland.
Further information on the purpose and scope of the data collection and its processing by YouTube can be found in YouTube’s data protection regulations. There you will also find further information on your rights as well as setting options for protecting your privacy: https://policies.google.com/privacy?hl=en&gl=de.
9.5 Multi-language plug-in WPML
This site uses the multi-language plug-in WPML for WordPress from the provider OnTheGoSystems Ltd, 22/F 3 Lockhart Road, Wanchai, Hong Kong.
The purpose of its use is to provide our users with the ability to use our website in another language.
When you visit the website, the plug-in stores a cookie on your terminal device with the purpose of capturing and storing the language setting you have selected so that you have to change the setting every time you visit the website.
To use the functions of WPML, it is necessary to save your IP address. This information is usually transmitted to the provider and stored there.
The legal basis for the use is Art. 6(1) (a) GDPR.
For China, there is no adequacy decision of the European Commission. We have therefore taken the following measures to protect your rights: We have concluded the standard contractual clauses. Furthermore, only your consent and your IP address are transmitted, but not other data.
You can find more information on the handling of user data in the privacy policy at https://wpml.org/documentation/privacy-policy-and-gdpr-compliance/.
The cookies used are stored on the user’s computer and transmitted to our site by the computer. You have the option to revoke your consent to the processing of personal data at any time by preventing (deactivating or restricting) or revoking the storage of the cookies using an appropriate setting of your browser software or the Consent banner.
10. Web analysis using the WP-Statistics plug-in
We use the statistics tool of the WordPress plug-in WP-Statistics on our website to analyse the surfing behaviour of our users. The software sets a cookie on the user’s computer (for cookies, see Section 4). If individual pages of our website are accessed, the following data is stored:
- Anonymised IP address
- Duration of the visit
- Clicking behaviour
- Other access statistics
The software is set in such a way that the IP addresses are not stored in full, but only in shortened form. In this way, it is no longer possible to assign the shortened IP address to the calling computer. Thus, the data is only stored anonymously on the web server. Personal identification is not possible.
For further information, please visit: https://wp-statistics.com/privacy-and-policy/
The legal basis for the processing of personal data is your consent pursuant to Art. 6(1) p. 1 (a) GDPR.
The processing enables us to analyse the surfing behaviour. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness.
The data is deleted as soon as it is no longer required for our recording purposes. For our purposes, this is the case after 12 months.
The cookies used are stored on the user’s computer and transmitted to our site by the computer. Thus, you have the option to revoke your consent to the processing of personal data at any time by preventing (deactivating or restricting) the storage of the cookies using an appropriate setting of your browser software banner.
11. Vacancies
We advertise job vacancies on our website.
If you apply to us via the website, we process the information we receive from you as part of the application process, including:
- Cover letter
- Curriculum vitae
- Photo
- References
- Correspondence
You can send us application documents by e-mail. In this context, we process the information we receive from you as well as your
- e-mail address
- if necessary, further information which is transmitted via e-mail.
Your data will initially be processed exclusively for the purpose of carrying out the application procedure. If your application is successful, the data will become part of the personnel file and can be used to implement and terminate the employment relationship. If we are currently unable to offer you employment, we will process your data in order to defend ourselves against any legal claims, in particular due to an alleged disadvantage in the application process. If the storage serves to secure claims, the legal basis is Art. 6(1) (f) GDPR. In this case, the legitimate interest is the receipt of evidence documents for possible defence. We process information and documents that are not required for the aforementioned purposes on the basis of your implied consent pursuant to Art. 6(1) (a) GDPR, which you have given us by sending us the information.
We store the data required for the successful application and for the employment relationship until the end of the employment relationship and for up to 3 years thereafter. We continue to process the data relating to an application in respect of which we have had to decide on a rejection for a period of 6 months after sending the rejection in order to safeguard our legitimate interests. If we are called upon within the scope of a lawsuit, we store the data until its conclusion. This also applies accordingly to data received voluntarily.
With regard to the voluntarily provided data, you have a right to withdraw, which you can exercise at any time vis-à-vis the person responsible pursuant to Section 1.
12. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the General Data Protection Regulation (GDPR) and you are entitled to the following rights vis-à-vis the controller pursuant to Section 1:
- Right of access
- Right to rectification
- Right to restriction of processing
- Right to erasure
- Right to information
- Right to data portability
- Right to object to processing
- Right to withdraw consent under data protection law
- Right to withdraw consent under data protection law
- Right not to have an automated decision taken
- Right to lodge a complaint with a supervisory authority
12.1 Right of access
You may request confirmation from the controller as to whether personal data relating to you are being processed by us. In case of such processing, you may at any time request from the controller free of charge information about the personal data stored about you and about the following information:
- the purposes for which the personal data are processed;
- the categories of personal data which are processed;
- the recipients or categories of recipients to whom the personal data relating to you have been or will be disclosed;
- the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
- the existence of a right to rectification or erasure the personal data relating to you, a right to restriction of processing by the controller or a right to object to such processing;
- the existence of a right of complain to a supervisory authority;
- any available information on the origin of the data if the personal data is not collected from the data subject;
- the existence of automated decision-making, including profiling, pursuant to Art. 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.
You shall have the right to request information on whether personal data relating to you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.
12.2 Right to rectification
You shall have the right to obtain from the controller the rectification and/or completion without undue delay of any personal data processed relating to you which is inaccurate or incomplete.
12.3 Right to restriction of processing
You may request the controller to immediately restrict the processing of personal data relating to you under the following conditions:
- the accuracy of the personal data relating to you is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful, and you oppose the erasure of the personal data and request 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 you for the establishment, exercise, or defence of legal claims;
- you have objected to processing pursuant to Art. 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted, such personal data relating to you shall, with the exception of storage, only be processed with your consent or for the establishment, exercise, or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. If you have obtained restriction of processing, you will be informed by the controller before the restriction of processing is lifted.
12.4 Right to erasure
You shall have the right to obtain from the controller the erasure of personal data relating to you without undue delay without undue delay where one of the following grounds applies:
- The personal data relating to you are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- You withdraw consent on which the processing is based pursuant to Art. 6(1) (a), or Art. 9(2) (a) GDPR, and where there is no other legal ground for the processing;
- You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR;
- The personal data relating to you have been unlawfully processed;
- The personal data relating to you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- The personal data relating to you have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
Where the controller has made the personal data relating to you public and is obliged pursuant to Art. 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure does not exist insofar as the processing is necessary
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in pursuant to Art. 9(2) (h) and (i) as well as Art. 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise, or defence of legal claims.
12.5 Right to information
If you have exercised the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data relating to you have been disclosed of this rectification/erasure/restriction of processing, unless this proves impossible or involves a disproportionate effort. You shall have the right to be informed of these recipients by the controller.
12.6 Right to data portability
You shall have the right to receive the personal data relating to you, which you have provided to a controller, in a structured, commonly used, and machine-readable format. Moreover, you shall have 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 Art. 6(1) (a) or Art. 9(2) (a) or on a contract pursuant to Art. 6(1) (b); and
- the processing is carried out by automated means.
In exercising your right to data portability pursuant to paragraph 1, you shall have the right to have the personal data relating to you transmitted directly from one controller to another, where technically feasible. The rights and freedoms of others shall not be adversely affected by it.
The right to data portability shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In order to assert the right to data portability, the data subject may at any time contact the controller.
12.7 Right to object
You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data relating to you which is based on Art. 6(1) (e) or (f), including profiling based on those provisions.
The controller shall no longer process the personal data relating to you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defence of legal claims.
Where personal data relating to you are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data relating to you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data relating to you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
In order to assert the right to object, the data subject may contact the controller directly.
12.8 Right to withdraw consent under data protection law
You shall have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. You can contact the data controller for this purpose.
12.9 Automated individual decision-making, including profiling
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects relating to you or similarly significantly affects you. This shall not apply if the decision
- is necessary for entering into, or performance of, a contract between you and a data controller;
- 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 your legitimate interests; or
- is based on your explicit consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9(1) GDPR, unless Art. 9(2) (a) or (g) GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and your legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
If the data subject wishes to exercise rights concerning automated decisions, he or she may, at any time, contact the controller.
12.10 Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall 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 personal data relating to you infringes the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR. The authority responsible for us is
Bavarian State Office for Data Protection Supervision
Promenade 18
91522 Ansbach
GERMANY
Tel.: +49 981/180093-0
www.lda.bayern.de
13. Changes to the privacy policy
We reserve the right to change our privacy practices and this policy to conform to changes in relevant laws or regulations or to better meet your needs. Possible changes to our privacy practices will be announced here accordingly. Please note the current version date of the privacy policy.