1. Name and address of the responsible person
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions with data protection character is:
Gumpert Automobile GmbH
Carl-Hahn-Strasse 5
85053 Ingolstadt
Website: www.gumpert-automobile.de
E-mail: info@gumpert.de
2. Name and address of the data protection officer
The data protection officer of the controller is:
Mr. Martin Schmidt
E-mail: martin.schmidt@gumpert.de
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
3. Definitions
The data protection notice of GUMPERT AUTOMOBILE GmbH is based on the defined terms of the General Data Protection Regulation (DSGVO). Our data protection notice should be easy to read and understand. To ensure this, we explain the terms used in advance:
3.1 Personal data
Personal data is any information relating to an identified or identifiable natural person ( in the following “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 that natural person.
3.2 Data subject
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
3.3 Processing
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3.4 Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
3.5 Profiling
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
3.6 Pseudonymization
Pseudonymization is the processing of personal data in such a way 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
3.7 Controller or person responsible for the processing
The controller or person responsible for processing is 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 designation may be provided for under Union or Member State law.
3.8 Processor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
3.9 Recipient
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive Personal Data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
3.10 Third Party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
3.11 Consent
Consent is any indication of intention given voluntarily by the data subject for the specific case in an informed and unambiguous manner in the form of a statement or other unambiguous affirmative action by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
4 General information on data processing
Data protection, data security, and protection of secrets have high priority for GUMPERT AUTOMOBILE GmbH (hereinafter also referred to as GUMPERT AUTOMOBILE). The permanent protection of your personal data, your company data and your company secrets is particularly important to us.
In principle, you can visit our website without providing any personal information. However, if you make use of our company’s services via our website, this makes it necessary to provide your personal data. As a rule, we use the data provided by you and collected by the website and stored during use exclusively for our own purposes, namely for the implementation and provision of our website and the initiation, implementation and processing of the services/offers offered via the website (contract fulfillment) and do not pass them on to outside third parties unless there is an obligation to do so ordered by the authorities. In all other cases, we obtain your separate consent.
Your personal data will be processed in accordance with the requirements of the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to GUMPERT AUTOMOBILE. By means of this data protection notice, we would like to inform you about the type, scope and purpose of the personal data we process. In addition, we inform you about your rights by means of this data protection notice.
GUMPERT AUTOMOBILE has implemented technical and organizational measures to ensure an adequate level of protection for the personal data processed through this website. Nevertheless, Internet-based data transmissions can have security gaps, so that no absolute protection can be guaranteed.
5. Collection of general data and information
The website of GUMPERT AUTOMOBILE collects a series of general data and information each time a data subject or automated system calls up the website. This general data and information is stored in the server’s log files. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, GUMPERT AUTOMOBILE does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the GUMPERT AUTOMOBILE analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
Date/Data
General system data
Legal basis
Art. 6 para. 1 lit. f DSGVO
(legitimate interest)
Storage purpose
The temporary storage of the IP address by the system is necessary 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.
Storage period
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
Objection / elimination possibility
No, as this is absolutely necessary for the operation of the website.
6. Registration on the website
You have the option to register on our website by providing personal data. Which personal data is transmitted to the controller in the process is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for its own purposes. We may arrange for it to be passed on to one or more order processors, for example a payment service provider, who will also use the personal data exclusively for the purpose of fulfilling their order to us.
When you register on our website, we also store the IP address assigned by your Internet service provider (ISP), the date and the time of your registration. The storage of this data enables us, if necessary, to clarify crimes and copyright infringements that have been committed. In this respect, the storage of this data is necessary for our protection and is in our legitimate interest within the meaning of Art. 6 para. 1 lit. f) DSGVO. In principle, this data will not be passed on to third parties, unless there is a legal obligation to pass it on or the passing on serves criminal or legal prosecution.
In addition, the personal data you voluntarily provide when registering will be used to offer you content or services that, due to their nature, can only be offered to registered users.
Date/Data
Registration data
Legal basis
Art. 6 para. 1 lit. b DSGVO
(fulfillment of contract)
Purpose of storage
Registration of the user is necessary for the fulfillment of a contract with the user or for the implementation of pre-contractual measures.
Storage period
This is the case for the data collected during the registration process for the fulfillment of a contract or for the implementation of pre-contractual measures when the data is no longer required for the implementation of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contractual partner in order to comply with contractual or legal obligations.
Objection / elimination option
As a user, you have the option to cancel your registration at any time. You can have the data stored about you changed at any time. If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.
7. Contact form and e-mail contact
Our website contains a contact form that can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:
Subject (selection)
Salutation (selection)
First name
Last name
E-mail address
Message text
The following data is also stored at the time the message is sent:
The IP address of the user
Date and time of sending
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
Date/Data
Data from contact form and e-mail contact
Legal basis
The legal basis for the processing of data in the case of inquiries via the contact form and/or e-mail is generally Art. 6 para. 1 lit. b. DSGVO (contract performance; pre-contractual measures); Art. 6 para. 1 lit. c. DSGVO (fulfillment of a legal obligation, e.g. answering questions about data protection) and otherwise Art. 6 para. 1 lit. f DSGVO (legitimate interest).
Purpose of storage
The processing of personal data from the input mask/email serves us solely to process the contact. This is also the necessary legitimate interest in processing the data. The 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.
Storage period
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation shall be deemed to have ended when it is clear from the circumstances that the matter in question has been conclusively clarified. The above does not apply if the correspondence is subject to a retention obligation under commercial law. Any additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
Objection / elimination option
The user has the option to object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
8. Newsletter
8.1 Newsletter
The newsletter is sent on the basis of your registration on the website by way of the double opt-in procedure. When you register for the newsletter, the following data is transmitted to us from the input mask:
Salutation (selection)
First name
Last name
E-mail address
In addition, the following data is collected during registration:
IP address of the calling computer
Date and time of registration
For the processing of the data, your consent is obtained during the registration process by way of double opt-in and reference is made to this data protection notice.
8.2 No disclosure
No data will be passed on to third parties in connection with the processing of data for the dispatch of newsletters. The data is used exclusively for sending the newsletter.
8.3 Right of revocation
We expressly point out your right of revocation (newsletter) in accordance with section 12.8.
Date/Data
Newsletter data according to section 8.1
Legal basis
The legal basis for the processing of data after registration for the newsletter by the user is, if the user has given his consent, Art. 6 para. 1 lit. a DSGVO. (consent)
Purpose of storage
The collection of the user’s e-mail address serves to deliver the newsletter. The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.
Storage period
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Accordingly, the user’s e-mail address is stored for as long as the subscription to the newsletter is active. The other personal data collected during the registration process is usually deleted after a period of seven days.
Objection / elimination option
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, a corresponding deactivation link can be found in each newsletter. The cancellation of the subscription also constitutes a revocation of the consent to the storage of the personal data collected during the registration process.
9. Cookies
9.1 Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
Language settings
Items in a shopping cart
Log-in information
We also use cookies on our website that enable an analysis of the user’s surfing behavior.
In this way, the following data can be transmitted:
Entered search terms
Frequency of page views
Use of website functions
The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users.
When calling up our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this data protection notice. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.
To manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and related consents, we use the consent tool “Real Cookie Banner”. Details on how “Real Cookie Banner” works can be found at <ahref=”https://devowl.io/de/rcb/datenverarbeitung/” rel=”noreferrer “target=”_blank”>https://devowl.io/de/rcb/datenverarbeitung/</a>.
Legal bases for the processing of personal data in this context are Art. 6 para. 1 lit. c DS-GVO and Art. 6 para. 1 lit. f DS-GVO. Our legitimate interest is the management of the cookies and similar technologies used and the related consents.
The provision of personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we cannot manage your consents.
Date/Data
Cookies
Legal basis
Art. 6 para. 1 lit. f DSGVO (legitimate interests) for technically mandatory cookies. Otherwise: Art. 6 para. 1 lit. a DSGVO (consent).
Purpose of storage
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change. The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer. In these purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 lit. f DSGVO.
Storage period
Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies.
Objection / elimination option
By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all website functions to their full extent. The transmission of Flash cookies cannot be prevented via the settings of the browser, but by changing the setting of the Flash Player.
10. Privacy policy on the use and application of Google Analytics (with anonymization function)
We have integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data about the behavior of visitors to websites. Among other things, a web analysis service collects data on which website a data subject came to a website from (so-called referrers), which sub-pages of the website were accessed or how often and for how long a sub-page was viewed. A web analysis is predominantly used for the optimization of a website and for the cost-benefit analysis of internet advertising.
The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if access to our website is from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. By each call of one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission calculations.
By means of the cookie, personal information, for example the access time, the location from which an access originated and the frequency of visits to our website by the data subject, is stored. Each time the data subject visits our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical procedure to third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the possibility to object to the collection of data generated by Google Analytics and related to the use of this website as well as to the processing of this data by Google and to prevent such processing. For this purpose, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the data subject’s information technology system is deleted, formatted or reinstalled at a later point in time, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. Provided that the browser add-on is uninstalled or deactivated by the data subject or another person attributable to his or her sphere of control, there is the option of reinstalling or reactivating the browser add-on.
Further information and the applicable Google privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.
Date/Data
Data transfer through third-party cookies (third-party cookies)
Legal basis
Art. 6 para. 1 lit. f DSGVO (legitimate interest).
Storage purpose
The purpose and legitimate interest in the setting of third-party cookies is to improve our offer for you by analyzing your user behavior. As a rule, only a pseudonymized data transfer to the third parties takes place. Incidentally, it is up to you to prevent the transmission of third-party cookies by adjusting your Internet browser settings accordingly. Please compare in detail the information in section 7.
Storage period
Users’ personal data is deleted or anonymized after 14 months. Third-party cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of third-party cookies.
Objection / elimination option
By changing the settings in your Internet browser, you can disable or restrict the transmission of third-party cookies. Third-party cookies that have already been stored can be deleted at any time. This can also be done automatically. The transmission of Flash cookies cannot be prevented via the settings of the browser, but by changing the setting of the Flash Player.
11. Facebook Pixel
We also use the “Facebook pixel” within our online offer. With this, we want to ensure that our Facebook ads correspond to the interest of the users as much as possible and do not have a harassing effect.
By means of the “Facebook pixel”, it is possible for Facebook to group the users of our Internet pages into target groups. Facebook ads placed by us can then be displayed to users who have shown an interest in our online offering or have certain characteristics (interests in products or topics). We can also track the impact of our Facebook ads and see whether users were redirected to our website after clicking on an ad.
Further details on the “Facebook Pixel” can be found at: https://www.facebook.com/business/help/651294705016616.
We use the “Facebook Pixel” for the purpose of and due to our interest in the analysis, optimization and economic operation of our online offer.
Further information on the display of Facebook ads can be found in Facebook’s data usage policy: https://www.facebook.com/policy.
The integration is based on Art. 6 para. 1 p. 1 lit. f DSGVO.
You can object to the use of your data to display Facebook ads and set it not to be collected by the “Facebook Pixel” by clicking the following link.
You can set which types of advertising are displayed to you here: https://www.facebook.com/settings?tab=ads. The settings will be applied to all devices.
The data collected by the “Facebook Pixel” is stored in cookies. You can object to the use of cookies for advertising purposes via pages of the Network Advertising Initiative (http://optout.networkadvertising.org/), the US (http://www.aboutads.info/choices) and European (http://www.youronlinechoices.com/uk/your-ad-choices/) websites.
The privacy policy of Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland can be found here: https://www.facebook.com/about/privacy/; Facebook is certified under the Privacy Shield agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
12. Privacy policy on the use and application of YouTube
We have integrated components from YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and TV shows, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
By each call of one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the data subject is automatically caused by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube.
Further information on YouTube can be found at https://www.youtube.com/yt/about/de/. Within the scope of this technical procedure, YouTube and Google receive knowledge of which specific sub-page of our website is visited by the data subject.
If the data subject is logged into YouTube at the same time, YouTube recognizes which specific sub-page of our website the data subject is visiting by calling up a sub-page that contains a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is simultaneously logged into YouTube at the time of calling up our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before accessing our website.
The privacy policy published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube and Google.
13. Legal bases, purposes of processing, duration of storage, objection and possibility of elimination
13.1 General information on the legal basis.
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.
13.2 General information on data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Blocking or deletion of data also takes place when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
14. Your rights
If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:
14.1 Right to information
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you may request information from the controller about the following:
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 concerning you have been or will be disclosed;
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;
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;
the existence of a right of appeal to a supervisory authority;
any available information about the origin of the data, if the personal data are not collected from the data subject;
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 DSGVO in connection with the transfer.
14.2 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.
14.3 Right to restriction of processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
if you contest the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
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;
the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or
if you have objected to the processing pursuant to Article 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh 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 assertion, 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.
14.4 Right to deletion
14.4.1 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:
The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.
You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
The personal data concerning you has been processed unlawfully.
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.
The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.
14.4.2 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(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, that personal data.
14.4.3 Exceptions
The right to erasure does not exist to the extent that the processing is necessary
For the exercise of the right to freedom of expression and information;
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;
for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) DSGVO, 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
for the assertion, exercise or defense of legal claims.
Furthermore, the right to erasure does not exist insofar as the personal data must be stored by the controller due to statutory retention obligations and periods. In such a case, the personal data shall be blocked instead of deleted.
14.5 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.
14.6 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 and interoperable 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
the processing is based on consent pursuant to Art. 6 (1) a DSGVO or Art. 9 (2) a DSGVO or on a contract pursuant to Art. 6 (1) b DSGVO and
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.
14.7 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(1)(e) or (f) DSGVO; 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 processing of the 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.
14.8 Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time and without giving reasons. In the event of revocation, we will immediately delete your personal data and no longer process it. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
14.9 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 vis-à-vis you or similarly significantly affects you. This does not apply if the decision
is necessary for the conclusion or performance of a contract between you and the controller,
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
is carried out with your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and 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 your point of view and to contest the decision.
14.10 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.
15. Cookie declaration.