Privacy policy for Nemlia
Person responsible within the meaning of data protection laws:
Nemlia GmbH i.G. ,
Bergheimer Straße 147
69115 Heidelberg, Germany
represented by: Peer Bentzen
E-Mail: peer@nemlia.com
Phone: +49 173 9221269
www.nemlia.com/en
Data Protection Officer:
Petur Larsen
Contact: privacy@nemlia.com
As part of this Privacy Policy, we inform you (in the following text also referred to as "user" or "data subject") about the data processing in the context of calling up our website, contacting us by e-mail or telephone and the use of the services available on the website. Furthermore, we inform you about our online presence in social media and about your rights with regard to the processing of your data. Conceptually, "data processing" always refers to the processing of personal data.
1. General Information on Data Processing
1.1 Scope of processing
In principle, we only process personal data of our users to the extent necessary for providing a functioning website as well as our content and services. We in general only process personal data of users with the consent of the individual. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and/or the processing of the data is permitted by law.
1.2 Legal basis of processing Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a of the General Data Protection Regulation (EU) 2016/679 (GDPR) serves as the legal basis. Art. 6 para. 1 lit. b GDPR is the legal basis for the processing of personal data as necessary for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre- contractual measures.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. If vital interests of the data subject or of another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
1.3 Categories of personal data
We process the following categories of personal data:
● Inventory data (e.g. names, functions, organizational affiliation, etc.);
● Contact details (e.g. e-mail, telephone numbers);
● Content data (e.g. text input, image files, videos, etc.);
● Usage data (e.g. access data);
● Meta/communication data (e.g. IP addresses).
1.4 Recipients or categories of recipients of personal data
If, in the context of our processing, we disclose data to other individuals and companies such as web hosts, sub-processors or third parties, transmit data to such entities or otherwise grant such entities access to the data (e.g., if a transmission of the data to third parties in accordance with Art. 6 para. 1 lit. b GDPR is necessary for the fulfilment of the contract), this is done based on (i) a statutory permission, or (ii) the express consent of the data subject, or (iii) a legal obligation.
1.5 Duration of storage of personal data
With regards to the storage of personal data the respective legal retention period applies. After expiry of such retention period, the corresponding data will be deleted, provided that they are no longer required for the achievement of the purpose, fulfilment of the contract or contract initiation.
1.6 Transfers to third countries
In case we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or transfer data there, such as in the context of using third- party services, this will only be done (i) in order to fulfill our (pre-)contractual obligations, or (ii) on the basis of your consent, or (iii) due to a legal obligation, or (iv) on the basis of our legitimate interests. Subject to any legal or contractual permissions, we process or have the data processed in a third country only subject to the special requirements of Art. 44 et seq. GDPR, i.e. the processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection equivalent to the EU or compliance with officially recognized specific contractual obligations (so-called "standard contractual clauses").
2. Data processing when visiting our website
2.1 Log Files
With each access of our website by a data subject, general data and information are stored in the log files of our system.
The provider of the web pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
● Browser type and browser version
● Operating system used
● Referrer URL
● Host name of the accessing computer
● Time of the server request
● IP address
This data is not merged with other data sources.
When using these general data and information, we do not draw any conclusions about the data subject. There is no personal evaluation or evaluation of the data for marketing purposes or profiling. The IP address is not stored in this context.
The legal basis for the temporary storage of the data is Art. 6 para. 1 lit. f GDPR. The collection of data for the provision of the website and the storage of the data in log files is necessary for the secure operation of our website. Consequently, the data subject has no right to object in such processing.
2.2 Malware detection and log data evaluation
We collect log data that accrue during the operation of communication technology of our company and evaluate it automatically, insofar as this is necessary to detect, limit or eliminate malfunctions or errors in communication technology or to defend against attacks on our information technology or the detection and defense against malware.
The legal basis for the temporary storage and evaluation of the data is Art. 6 para. 1 lit. f GDPR. The storage and evaluation of the data are necessary for the provision of the website and for its secure operation. Consequently, the data subject has no right to object in such processing.
2.3 Cookies
So-called cookies are used on our website. Cookies are small text files that are exchanged between the web browser and the hosting server. Cookies are stored on the user's computer and transmitted to our site by the user. In the respective web browser used, you can restrict the use of cookies by means of a corresponding setting or prevent them in principle. Cookies that have already been stored can be deleted at any time. If cookies are deactivated for our website, this may mean that the website cannot be viewed or used in its entirety.
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
2.4 Hosting
The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating our website.
In doing so, we or our sub-processor process inventory data, contact data, content data, contract data, usage data, meta and communication data of users of our website on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f GDPR in connection with Art. 28 GDPR (conclusion of a contract for data processing).
3. Data processing in the context of contacting us
3.1 Contact by e-mail
Contacting our company by e-mail is possible via the e-mail addresses published on our website.
If you use this contact channel, the data transmitted by you (e.g., surname, first name, address), but at least the e-mail address, as well as the information contained in the e-mail together with any personal data transmitted by you are stored by us for the purpose of establishing contact and processing your request. In addition, the following data is collected by our system: date and receipt time of the e-mail.
The legal basis for the processing of personal data in the context of e-mails transmitted to us is Art. 6 para. 1 lit. b or lit. f GDPR.
3.2 Contact by written letter
If you send us a letter, the data transmitted by you (e.g., surname, first name, address) and the information contained in the letter together with any personal data transmitted by you will be stored for the purpose of establishing contact and processing your request.
The legal basis for the processing of personal data in the context of letters and faxes transmitted to us is Art. 6 para. 1 lit. b or lit. f GDPR.
4. Online presence in social media
We maintain online presences within social networks (Twitter, Instagram, LinkedIn, Facebook, Xing) in order to inform platform users about our services and, if in the users interest, to communicate via the respective platform. Our social media channels can only be accessed via an external link. As soon as you access the respective social media profiles in the respective network, the terms and conditions and the data processing guidelines of the respective provider apply.
We have no influence on the collection of data and its further use by the social networks. In addition, we have no knowledge about either the extent, location and duration of the data storage, the extent to which the networks comply with existing deletion obligations, what processing or combination of the data is carried out nor to whom the data is transferred. We therefore expressly draw your attention to the fact that your data (e.g., personal information, IP address) are stored by the operators of the networks in accordance with their data usage policies and used for business purposes.
We process data with regard to social media presences insofar as comments or direct messages are sent to us via such networks. Art. 6 para. 1 lit. a GDPR is the legal basis for the processing of the data after the user's consent is given.
5. Your rights
As a data subject, you have the following rights in connection with the processing of your personal data:
5.1 Right to access information
You may request confirmation from the controller as to whether your personal data is being processed by us. If such processing is taking place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) 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.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
5.2 Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
5.3 Right to erasure
a) Obligation to delete
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8 para. 1 GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17 para. 1 of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to or copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist to the extent that the processing is necessary to.
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under 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;
(3) for reasons of public interest in the area of public health pursuant to Article 9 para. 2 lit. h and i and Article 9 para. 3 of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
5.4 Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful, and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Article 21 para. 1 of the GDPR and it is not yet clear whether the controller's legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may – apart from being stored – only be processed with your consent or for the establishment, exercise or defense 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 a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
5.5 Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.
(1) the processing is based on consent pursuant to Art. 6para. 1 lit. a GDPR or Art. 9para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
5.6 Right to information
If you have asserted 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 concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right against the controller to be informed about these recipients.
5.7 Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
5.8 Right of withdrawal
You 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 based on the consent until the revocation.
5.9 Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9 para. 1 of the GDPR, unless Article 9para. 2 lit. a or g of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
5.10 Right to complain to 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 residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
As of October 2021
Nemlia GmbH i.G. ,
Bergheimer Straße 147
69115 Heidelberg, Germany
represented by: Peer Bentzen
E-Mail: peer@nemlia.com
Phone: +49 173 9221269
www.nemlia.com/en
Data Protection Officer:
Petur Larsen
Contact: privacy@nemlia.com
As part of this Privacy Policy, we inform you (in the following text also referred to as "user" or "data subject") about the data processing in the context of calling up our website, contacting us by e-mail or telephone and the use of the services available on the website. Furthermore, we inform you about our online presence in social media and about your rights with regard to the processing of your data. Conceptually, "data processing" always refers to the processing of personal data.
1. General Information on Data Processing
1.1 Scope of processing
In principle, we only process personal data of our users to the extent necessary for providing a functioning website as well as our content and services. We in general only process personal data of users with the consent of the individual. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and/or the processing of the data is permitted by law.
1.2 Legal basis of processing Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a of the General Data Protection Regulation (EU) 2016/679 (GDPR) serves as the legal basis. Art. 6 para. 1 lit. b GDPR is the legal basis for the processing of personal data as necessary for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre- contractual measures.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. If vital interests of the data subject or of another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
1.3 Categories of personal data
We process the following categories of personal data:
● Inventory data (e.g. names, functions, organizational affiliation, etc.);
● Contact details (e.g. e-mail, telephone numbers);
● Content data (e.g. text input, image files, videos, etc.);
● Usage data (e.g. access data);
● Meta/communication data (e.g. IP addresses).
1.4 Recipients or categories of recipients of personal data
If, in the context of our processing, we disclose data to other individuals and companies such as web hosts, sub-processors or third parties, transmit data to such entities or otherwise grant such entities access to the data (e.g., if a transmission of the data to third parties in accordance with Art. 6 para. 1 lit. b GDPR is necessary for the fulfilment of the contract), this is done based on (i) a statutory permission, or (ii) the express consent of the data subject, or (iii) a legal obligation.
1.5 Duration of storage of personal data
With regards to the storage of personal data the respective legal retention period applies. After expiry of such retention period, the corresponding data will be deleted, provided that they are no longer required for the achievement of the purpose, fulfilment of the contract or contract initiation.
1.6 Transfers to third countries
In case we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or transfer data there, such as in the context of using third- party services, this will only be done (i) in order to fulfill our (pre-)contractual obligations, or (ii) on the basis of your consent, or (iii) due to a legal obligation, or (iv) on the basis of our legitimate interests. Subject to any legal or contractual permissions, we process or have the data processed in a third country only subject to the special requirements of Art. 44 et seq. GDPR, i.e. the processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection equivalent to the EU or compliance with officially recognized specific contractual obligations (so-called "standard contractual clauses").
2. Data processing when visiting our website
2.1 Log Files
With each access of our website by a data subject, general data and information are stored in the log files of our system.
The provider of the web pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
● Browser type and browser version
● Operating system used
● Referrer URL
● Host name of the accessing computer
● Time of the server request
● IP address
This data is not merged with other data sources.
When using these general data and information, we do not draw any conclusions about the data subject. There is no personal evaluation or evaluation of the data for marketing purposes or profiling. The IP address is not stored in this context.
The legal basis for the temporary storage of the data is Art. 6 para. 1 lit. f GDPR. The collection of data for the provision of the website and the storage of the data in log files is necessary for the secure operation of our website. Consequently, the data subject has no right to object in such processing.
2.2 Malware detection and log data evaluation
We collect log data that accrue during the operation of communication technology of our company and evaluate it automatically, insofar as this is necessary to detect, limit or eliminate malfunctions or errors in communication technology or to defend against attacks on our information technology or the detection and defense against malware.
The legal basis for the temporary storage and evaluation of the data is Art. 6 para. 1 lit. f GDPR. The storage and evaluation of the data are necessary for the provision of the website and for its secure operation. Consequently, the data subject has no right to object in such processing.
2.3 Cookies
So-called cookies are used on our website. Cookies are small text files that are exchanged between the web browser and the hosting server. Cookies are stored on the user's computer and transmitted to our site by the user. In the respective web browser used, you can restrict the use of cookies by means of a corresponding setting or prevent them in principle. Cookies that have already been stored can be deleted at any time. If cookies are deactivated for our website, this may mean that the website cannot be viewed or used in its entirety.
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
2.4 Hosting
The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating our website.
In doing so, we or our sub-processor process inventory data, contact data, content data, contract data, usage data, meta and communication data of users of our website on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f GDPR in connection with Art. 28 GDPR (conclusion of a contract for data processing).
3. Data processing in the context of contacting us
3.1 Contact by e-mail
Contacting our company by e-mail is possible via the e-mail addresses published on our website.
If you use this contact channel, the data transmitted by you (e.g., surname, first name, address), but at least the e-mail address, as well as the information contained in the e-mail together with any personal data transmitted by you are stored by us for the purpose of establishing contact and processing your request. In addition, the following data is collected by our system: date and receipt time of the e-mail.
The legal basis for the processing of personal data in the context of e-mails transmitted to us is Art. 6 para. 1 lit. b or lit. f GDPR.
3.2 Contact by written letter
If you send us a letter, the data transmitted by you (e.g., surname, first name, address) and the information contained in the letter together with any personal data transmitted by you will be stored for the purpose of establishing contact and processing your request.
The legal basis for the processing of personal data in the context of letters and faxes transmitted to us is Art. 6 para. 1 lit. b or lit. f GDPR.
4. Online presence in social media
We maintain online presences within social networks (Twitter, Instagram, LinkedIn, Facebook, Xing) in order to inform platform users about our services and, if in the users interest, to communicate via the respective platform. Our social media channels can only be accessed via an external link. As soon as you access the respective social media profiles in the respective network, the terms and conditions and the data processing guidelines of the respective provider apply.
We have no influence on the collection of data and its further use by the social networks. In addition, we have no knowledge about either the extent, location and duration of the data storage, the extent to which the networks comply with existing deletion obligations, what processing or combination of the data is carried out nor to whom the data is transferred. We therefore expressly draw your attention to the fact that your data (e.g., personal information, IP address) are stored by the operators of the networks in accordance with their data usage policies and used for business purposes.
We process data with regard to social media presences insofar as comments or direct messages are sent to us via such networks. Art. 6 para. 1 lit. a GDPR is the legal basis for the processing of the data after the user's consent is given.
5. Your rights
As a data subject, you have the following rights in connection with the processing of your personal data:
5.1 Right to access information
You may request confirmation from the controller as to whether your personal data is being processed by us. If such processing is taking place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) 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.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
5.2 Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
5.3 Right to erasure
a) Obligation to delete
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8 para. 1 GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17 para. 1 of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to or copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist to the extent that the processing is necessary to.
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under 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;
(3) for reasons of public interest in the area of public health pursuant to Article 9 para. 2 lit. h and i and Article 9 para. 3 of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
5.4 Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful, and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Article 21 para. 1 of the GDPR and it is not yet clear whether the controller's legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may – apart from being stored – only be processed with your consent or for the establishment, exercise or defense 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 a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
5.5 Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.
(1) the processing is based on consent pursuant to Art. 6para. 1 lit. a GDPR or Art. 9para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
5.6 Right to information
If you have asserted 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 concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right against the controller to be informed about these recipients.
5.7 Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
5.8 Right of withdrawal
You 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 based on the consent until the revocation.
5.9 Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9 para. 1 of the GDPR, unless Article 9para. 2 lit. a or g of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
5.10 Right to complain to 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 residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
As of October 2021
Contact
NEMLIA Sp/f
Phone: +298 202244
Bergheimer Strasse 147
69115 Heidelberg
Email: nemlia@nemlia.com
