Data protection

Data protection notice from WILLMES GmbH

1. name and address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is the:

WILLMES GmbH
Bensheimer Straße 101
64653 Lorsch

Contact:
Tel.: +49 6251 70714-0
Fax: +49 6251 70714-22
Mail: info@willmes.de

2. definitions

The data protection notice of WILLMES GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection notice should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection notice and on our website:

2.1 Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2.2 Person concerned

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

2.3 Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2.4 Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

2.5 Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

2.6 Pseudonymization

Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

2.7 Controller or controller responsible for the processing

Controller or controller responsible for the 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 nomination may be provided for by Union or Member State law.

2.8 Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

2.9 Receiver

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

2.10 Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

2.11 Consent

Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

3. general information on data processing

Data protection, data security and confidentiality are a high priority for WILLMES GmbH (hereinafter also referred to as WILLMES GmbH). The permanent protection of your personal data, your company data and your trade secrets is particularly important to us.

In principle, you can visit our website without providing any personal data. However, if you make use of our company's services via our website, this will require you to provide your personal data. As a rule, we use the data provided by you and collected by the website and data stored during use exclusively for our own purposes, namely to implement and provide our website and to initiate, implement and process the services/offers offered via the website (contract fulfillment) and do not pass them on to external third parties unless there is an official obligation to do so. In all other cases, we will obtain your separate consent.

Your personal data is processed in accordance with the requirements of the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to WILLMES GmbH. By means of this data protection notice, we would like to inform you about the type, scope and purpose of the personal data processed by us. In addition, this data protection notice informs you of the rights to which you are entitled.

WILLMES GmbH has implemented technical and organizational measures to ensure appropriate protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed.

4. collection of general data and information

The website of the WILLMES GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files.

The following can be recorded

  1. browser types and versions used,
  2. the operating system used by the accessing system,
  3. the website from which an accessing system reaches our website (so-called referrer),
  4. the sub-websites which are accessed via an accessing system on our website,
  5. the date and time of 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, the WILLMES GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to

  1. deliver the content of our website correctly,
  2. to optimize the content of our website and the advertising for it,
  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 criminal prosecution in the event of a cyber attack. Therefore, the WILLMES GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and 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 all personal data provided by a data subject.

5. registration on the website

You have the option of registering on our website by providing personal data. Which personal data is transmitted to the data controller 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 the data to be passed on to one or more processors, such as a payment service provider and parcel service provider, who will also use the personal data exclusively for the purpose of fulfilling their contract with 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. Storing this data enables us to investigate criminal offenses and copyright infringements if necessary. In this respect, the storage of this data is necessary for our security and is in our legitimate interest within the meaning of Art. 6 para. 1 lit. f) GDPR. This data will not be passed on to third parties unless there is a legal obligation to pass it on or it serves the purpose of criminal or legal prosecution.

In addition, the personal data you voluntarily provide when you register will be used to offer you content or services which, due to the nature of the matter, can only be offered to registered users.

6. contact form and e-mail contact

There is a contact form on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. These data are (e.g.):

  • First and last name
  • E-mail address
  • Date of birth
  • Address
  • Phone number

The following data is also stored at the time the message is sent:
A list of the relevant data follows. Examples can be

  • The IP address of the user
  • Date and time of dispatch

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.

No data will be passed on to third parties in this context. The data is used exclusively for processing the conversation.

7. cookies

7.1 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 accesses 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.

If technically necessary cookies are used:
We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

A list of the stored data follows. Examples can be

  • Language settings
  • Articles in a shopping cart
  • Log-in information

If cookies that are not technically necessary are also used:
We also use cookies on our website that enable an analysis of the user's surfing behavior.

The following data can be transmitted in this way:

A list of the data collected follows. These can be, for example

  • Search terms entered
  • Frequency of page views
  • Use of website functions

The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the accessing user. The data is not stored together with other personal data of the user.

When accessing our website, users are informed by an info banner about the use of cookies for analysis purposes and referred to this data protection notice. In this context, there is also a reference to how the storage of cookies can be prevented in the browser settings.

When accessing our website, users are informed about the use of cookies for analysis purposes and their consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this data protection notice.

8th Newsletter

The newsletter is sent on the basis of your registration on the website using the double opt-in procedure. When you register for the newsletter, the following data from the input screen is transmitted to us:

  • Your e-mail address
  • Your name

The following data is also collected during registration:

  • IP address of the calling computer
  • Date and time of registration

As part of the registration process, your consent to the processing of the data is obtained by means of a double opt-in and reference is made to this data protection notice.

The newsletter is sent on the basis of the sale of goods or services.

If you purchase goods or services on our website and enter your e-mail address, we may subsequently use it to send you a newsletter. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter.

No data is passed on to third parties in connection with the data processing for sending newsletters. The data is used exclusively for sending the newsletter.

I can revoke this consent at any time by sending an email to info@willmes.de or directly in the newsletter with effect for the future.

9. data protection for applications and in the application process

We collect and process personal data from applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant sends us the relevant application documents electronically, for example by e-mail. If we conclude an employment contract with you as an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted six months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

10. data protection provisions about the application and use 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, gathering 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 subpages of the website were accessed or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize 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 data 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. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.

Google Analytics places a cookie on the data subject's IT system. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website is accessed, 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 prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. During the course of this technical procedure, Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website by the data subject. Each time our website is visited, 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 process to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the data subject's IT system. 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 option of objecting to and preventing the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information on website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject's IT system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person who is attributable to their sphere of control, it is possible to reinstall or reactivate the browser add-on.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/ and under http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

11. data protection provisions about the application and use of Google AdWords

We have integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to place ads both in Google's search engine results and in the Google advertising network. Google AdWords allows an advertiser to specify certain keywords in advance, which are used to display an ad in Google's search engine results only when the user uses the search engine to retrieve a keyword-relevant search result. In the Google advertising network, the ads are distributed to relevant websites using an automatic algorithm and taking into account the previously defined keywords.

The operating company of the Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to promote our website by displaying interest-relevant advertising on the website of third-party companies and in the search engine results of the Google search engine and by displaying third-party advertising on our website.

If a data subject reaches our website via a Google ad, a so-called conversion cookie is stored on the data subject's IT system by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. If the cookie has not yet expired, the conversion cookie is used to track whether certain sub-pages, such as the shopping cart from an online store system, have been accessed on our website. The conversion cookie enables both us and Google to track whether a data subject who has reached our website via an AdWords ad has generated sales, i.e. completed or canceled a purchase.

The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the data subject.

The conversion cookie is used to store personal information, such as the websites visited by the data subject. Each time our websites are visited, 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 process to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the data subject's IT system. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do this, the data subject must call up the link www.google.de/settings/ads from each of the Internet browsers they use and make the desired settings there.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/.

12. data protection provisions about the application and use of YouTube

We have integrated YouTube components on this website. YouTube is an Internet video portal that enables video publishers to post video clips free of charge and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programs as well as 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.

Each time one of the individual pages of this website is accessed, 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 prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in to YouTube at the same time, YouTube recognizes which specific subpage of our website the data subject is visiting when a subpage containing a YouTube video is accessed. 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 logged in to YouTube at the same time as accessing 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, they can prevent the transmission by logging out of their YouTube account before accessing our website.

The data protection provisions published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provide 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 removal options

13.1 General information on the legal basis

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a 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 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or 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 former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

13.2 General information on data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

14 Your rights

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

14.1 Right to information

You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you can request the following information from the controller:

  1. The purposes for which the personal data is processed;
  2. The categories of personal data that 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 storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage;
  5. The existence of a right to rectification or erasure of 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. All available information about the origin of the data if the personal data is not collected from the data subject;
  8. The existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
    You have the right to request information as to whether personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR 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 is incorrect or incomplete. The controller must make the correction without delay.

14.3 Right to restriction of processing

You may request the restriction of the processing of your personal data 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 oppose the erasure of the personal data and request the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
  4. if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.If the processing of personal data concerning you has been restricted, this data - apart from its storage - may 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 of 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 erasure

15.4.1 Obligation to delete

You can demand from the controller that the personal data concerning you be deleted immediately, and:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You withdraw your consent on which the processing is based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and where there is no other legal ground for the processing
  3. You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
  4. The personal data concerning you has been processed unlawfully.
  5. The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
  6. The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 para. 1 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) GDPR, it shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

14.4.3 Exceptions

The right to erasure does not exist if the processing is necessary

  1. To exercise the right to freedom of expression and information;
  2. 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;
  3. For reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
  4. For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar 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
  5. For the assertion, exercise or defense of legal claims.

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 notify 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 to be informed about these recipients by the controller.

14.6 Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where

  1. The processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
  2. The processing is carried out by automated means.
    In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not adversely affect the freedoms and rights of others.
    The right to data portability does not apply to the 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 of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services 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 withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

14.9 Automated decision-making 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 authorized 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
  3. with your express consent.
    However, these decisions may not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) applies and reasonable 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 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 controller, to express your point of view and to contest the decision.

14.10 Right to lodge a complaint with 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 habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.