If personal data that concerns you is processed, you are a data subject, within the meaning of the GDPR and you have the following rights with regard to the data controller:
1. Right of access
You can request confirmation from the data controller about whether personal data that concerns you is processed by us. If such processing takes place, you can request the following information from the data controller:
- The purposes for which the personal data is processed;
- the personal data which is processed;
- The recipients or categories of recipient to whom the personal data concerning you has been or will be disclosed;
- The envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- The existence of a right to have personal data concerning you corrected or erased, the right to have processing restricted by the controller or a right to object to such processing;
- The existence of a right to complain to a supervisory authority;
- All available information about the origin of the data where the personal data is not collected from the data subject;
- The existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) GDPR and – at least in these instances – meaningful information about the logic involved as well as the consequences and intended effects of such processing for the data subject.
You have the right to information about whether personal data is transmitted to a third country or to an international organisation. In this context, you have the right to be informed of appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transmission.
2. Right to rectification
If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
3. Right to the restriction of processing
Subject to the following prerequisites, you can request the restriction of processing of the personal data that concerns you:
- If you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible 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 its use instead;
- The data controller no longer needs the personal data for the purposes of processing, but they are required by you for the establishment, exercise or defence of legal claims; or
- If you have objected to processing pursuant to Article 21(1) GDPR pending verification of whether the legitimate grounds of the data controller override yours.
- Where processing of the personal data that concerns you has been restricted, this data 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 the processing of your data is limited, your data may only be processed with your consent for the assertion, exercise or defense of legal claims or to protect the rights of another natural or legal person or for reasons in the public interest of the European Union or of one of its member states.
If processing was limited in accordance with the above-stated requirements, you will be notified by the controller before the limitation is lifted.
4. Right to erasure
Erasure obligation
You can request that the data controller erases personal data that concerns you without undue delay, and the data controller is obliged to erase this data without undue delay, provided one of the following reasons applies:
- The personal data that concerns you is no longer necessary for the purposes for which it was collected or otherwise processed.
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You withdraw consent on which the processing is based pursuant to Article 6(1) lit. a, or Article 9(2) lit. a GDPR and where there is no other legal basis for the processing.
- You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.
- The personal data related to you have been unlawfully processed.
- The personal data related 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 have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
5. Information given to third parties
Where the controller has made the personal data public and is obliged pursuant to Article 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 that are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
6. Exceptions
The right to erasure does not exist, provided the processing is required
- 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 pursuant to Article 9(2) lit. h and Article 9(3) GDPR;
- For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR in so far as the right referred to in section a) 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.
7. Right to notification
If you have asserted your right to obtain rectification, erasure or restriction of your personal data from the data controller, the controller is obliged to notify all the recipients to whom the personal data concerning you was disclosed of this rectification or erasure of the data or the restriction of the processing, unless this proves impossible or involves disproportionate effort.
You have the right to request that the controller notifies you of these recipients.
8. Right to data portability
You have the right to receive the personal data that concerns you, which you have provided to the controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where
- de verwerking berust op toestemming uit hoofde van art. 6 lid 1, sub a AVG of art. 9, lid 2, sub a AVG of op een overeenkomst uit hoofde van art. 6, lid 1, sub b AVG; en
- de verwerking via geautomatiseerde processen wordt verricht.
- Bij de uitoefening van dit recht op overdraagbaarheid hebt u daarnaast het recht dat uw persoonsgegevens, indien dit technisch mogelijk is, rechtstreeks van de ene verwerkingsverantwoordelijke naar de andere worden doorgezonden. Dit mag geen afbreuk doen aan de rechten en vrijheden van anderen.
The right to data portability does not apply to the processing of personal data that 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.
9. Right to object
You shall have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data that concerns you which is based on Article 6(1) lit. e or f GDPR, including profiling based on those provisions.
The data controller shall no longer process the personal data that concerns 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 concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerned for the purpose of this sort of advertising; this also applies to profiling, provided it is connected to such direct advertising.
If you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
You have the option, in the context of the use of information society services – notwithstanding Directive 2002/58/EU – to exercise your right to object by automated means using technical specifications.
Right to object within the meaning of Section 15(3) German Teleservices Act (TMG):
You can stop the analysis of user behaviour, if you block the placing of cookies in your browser by this domain “FALKE.com”, by e.g. setting up an exception in the browser. If necessary, please check the help menu to see how this can be set up in your browser.
Obviously, you can also delete the above-mentioned cookies as necessity arises in individual cases or periodically in order to delete tracking information.
If you have activated the Do Not Track feature (“DNT”), then your visit to the websites is not automatically captured by the web analysis tool. To activate DNT in your browser, look in the help menu of your browser, if you do not know how it is activated. Note: If you use Internet Explorer 10 or 11, your visit is tracked anyway, despite your having activated “Do Not Track”. In this instance, we would ask you to manually disable tracking here.
In addition, you have the option of stopping any form of user analysis on this website in future, if you place a block cookie or opt-out cookie. This can be done via a checkbox. As long as you do not delete this cookie in your browser, the analysis of your user behaviour will be stopped. You can then reactivate web analysis for this website at any time if you wish to do so.
You can also find information concerning your objection to a specific use of your personal data in the respective statement concerning this type of use.
10. Right to withdraw the data protection declaration of consent
You have the right to withdraw your data protection declaration of consent at any time. The withdrawal of consent does not affect the legality of the processing carried out on the basis of the consent up until the point of withdrawal.
11. Automated individual decision-making, 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
- Is necessary for entering into, or performance of, a contract between the you and the 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 legitimate interests or
- Is based on your explicit consent.
However, decisions may not be based on special categories of personal data referred to in Article 9(1) GDPR, provided Article 9(2) lit a or g GDPR do not apply and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the data controller, to express his or her point of view and to contest the decision.
12. Right to lodge a complaint with a supervisory authority
If you consider that the processing of personal data relating to you infringes the GDPR, you have, without prejudice to any other administrative or judicial remedy, 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.
The supervisory authority where the complaint was lodged, informs the complainant of the status and results of the complaint including the possibility of judicial remedy pursuant to Article 78 GDPR.
