Any collection, processing and use (hereinafter "use") of data is solely for the purpose of providing our services. The services of the Food Database GmbH have been designed to use as little personal information as possible. For that matter, "personal data" is understood as all individual details about a person or factual circumstances of an identifiable natural person (so-called "affected person").
The following statements on data protection describe what types of data are collected when accessing our website, what happens with these data and how you may object to data usage.
1 General information on data processing
1.1 Person Responsible (Controller)
Responsible within the meaning of the EU General Data Protection Regulation (GDPR) and the new Federal Data Protection Act (BDSG) is:
Food Database GmbH
Konsul-Smidt-Str. 23
28217 Bremen
Germany
1.2 Name and address of the Data Security Officer
The data security officer is:
Kemal Webersohn of WS Datenschutz GmbH
If you have questions about data protection, you can contact WS Datenschutz GmbH at the following email address: fddb@ws-datenschutz.com
WS Datenschutz GmbH
Dircksenstraße 51
10719 Berlin
Germany
https://www.ws-datenschutz.de/
1.3 Protection of your data
We have taken technical and organizational measures to ensure that the requirements of the EU General Data Protection Regulation (GDPR) are met by us, as well as, by external service providers working for us.
If we work with other companies to provide our services, such as email and server providers, this will only be done after an extensive selection process. In this selection process, each individual service provider is carefully selected for its suitability in terms of technical and organizational data protection skills. This selection procedure will be documented in writing and an agreement on the order processing of data (order processing contract) will only be concluded if the third party complies with the requirements of Art. 28 GDPR.
Your information will be stored on specially protected servers. Access to it is only possible for a few specially authorized persons. Our app is SSL/TLS encrypted.
1.4 Minors
We are particularly concerned about the protection of the data of minors. Our services are therefore only intended for persons who have reached the age of 16. Pursuant to Article 8 GDPR, consent granted to a person who has not yet reached the age of 16 has been effectively granted only if it has been given by the legal guardians themselves or if they have been approved.
1.5 Erasure of personal data
We process personal data only if necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.
2 Data processing when downloading the app
When downloading the app, personal data may be transmitted to and processed by the respective App Store. These are in particular:
- Username
- E-mail address
- Customer number of your account
- Time of download
- Payment information
- individual device code
2.1 Note when using the Android version
We would like to point out that when using the Android version of our app, the so-called "Coarse Location Permission" can be requested by the user.
This is a confidential Android permissions. This authorization request is graphically displayed with a system dialog within the app and must be granted/confirmed by the user. This is a security feature from Google. This gives Scan the right to determine the approximate user location.
We do not use this permission to determine the approximate location of the user. However, it is possible for Google to process this data.
The possible data processing for the European Economic Area and for Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Google's privacy policy can be found at: https://www.google.com/policies/privacy/. For privacy questions, please contact Google using the following contact form: https://www.google.de/contact/.
3 Data processing when using the app
3.1 Description and scope of data processing
When you use our app, the following data is transferred to provide the app's features:
- IP address
- Date and time of access
- Time zone difference to Greenwich Mean Time (GMT),
- Content of the request (concrete page),
- Access status/HTTP status code,
- the amount of data transferred in each case,
- Operating system and its interface
- Registration ID
In addition to this personal data, additional personal data may be collected from us and our partners, plus more below.
3.2 Legal basis for data processing
The processing of this data is carried out on the basis of Art. 6 para. 1 s.1 lit. f) GDPR. Our legitimate interest is based on making our app available to you.
3.3 Purpose of data processing
The data processing is carried out for the purpose of enabling the use of the app. It is used for system security, technical administration of the network infrastructure and optimization. The IP address is only evaluated in the event of attacks on our network infrastructure or the network infrastructure of our service provider.
3.4 Duration of data storage
The personal data will be deleted as soon as they are no longer required for the above-mentioned purposes and no legal, contractual or official regulations prevent deletion.
3.5 Right to objection and erasure
The collection of data for the provision of the app and the storage of the data in is absolutely necessary for the operation of the app. However, you have at any time the possibility to object to the processing of the data by reporting to our data protection officer.
4 Contact
4.1 Description and scope of data processing
Via our app it is possible to contact us via e-mail . This will require different data to answer the request, which will be automatically saved for processing. Your data will not be passed on to third parties, unless you have given your consent.
4.2 Legal basis for data processing
The legal basis depends on Art. 6 para. 1 s. 1 lit. b) GDPR.
4.3 Purpose of data processing
The processing of personal data from the input form is used solely handling the contact request.
4.4 Duration of storage
Your data will be deleted by us as soon as you make a deletion request and no legal, contractual or official regulations prevent deletion.
4.5 Right to objection and erasure
The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us, they can object to storage of their personal data at any time. In such cases, the conversation cannot be continued. All personal data that has been stored in the course of the contact will be deleted.
4.6 Sendinblue
4.6.1 Description and scope of data processing
We use the service provider Sendinblue to send e-mails. For this purpose, the e-mail addresses are transferred to Sendinblue. The data processing is carried out by:
Sendinblue GmbH
Köpenicker Straße 126
10179 Berlin
Germany
Sendinblue operates a server location in Germany and has a TÜV Rheinland certificate for data protection. Sendinblue is a certified provider selected according to the requirements of the General Data Protection Regulation and the Federal Data Protection Act. Sendinblue processes the personal data on our behalf and under our direction on the basis of a contract concluded with the company for the processing of orders in accordance with Art. 28 sec. 3 GDPR.
For more information on Sendinblue's privacy, please click here: Privacy Policy - Personal Data Protection - Sendinblue
4.6.2 Legal basis for data processing
The data processing for the sending of e-mails is carried out on the basis of a contractual relationship in accordance with Art. 6 para. 1 s. 1 lit. b) GDPR.
4.6.3 Purpose of data processing
We use Sendinblue as our e-mail service provider to ensure effective address management and to stay in touch with you through the newsletter.
4.6.4 Duration of storage
Sendinblue deletes personal data as soon as the purpose of the data processing has been achieved and no legal, contractual or official regulations prevent deletion. This is the case no later than two years after the termination of the contract between us and Sendinblue.
4.6.5 Right to objection and erasure
You have the possibility to object to the processing of your data at any time. For this purpose, please contact our Data Protection Officer. For questions about Sendinblue's privacy, you can contact the service's data protection officer at the following address: datenschutz@sendinblue.com
5 Registration
5.1 Description and scope of data processing
The data subject can register on our website. This requires the data subject to enter personal data in the registration form. The following data is at least collected for this:
- Username
- Email address
- Password
The information provided by the data subject in the registration mask will be used exclusively for processing and will not be disclosed to third parties.
You can also optionally store additional personal information, such as date of birth, nutrition diary, weight, etc., in your profile while using the app.
If you already have a user account and log in to our app with it, all data you have stored in the profile will be transferred:
- User profile
- Username
- E-mail address
- Date of birth
- Height
- Gender
- Nutrition diary (e.B. Which foods are recorded at what time; What activities have been done for how long)
- Favorites
- Recipes
- Diet report
- Weight
- Hip and waist circumference
- Body fat and water content
To prevent the data from having to be reloaded every time the app is launched, it is stored in a local database on your mobile device. Uninstalling the app will delete this data.
5.2 Legal basis for data processing
If the data subject enters mandatory personal data in the registration form, the legal basis of the data processing is based on Art. 6 para. 1 s. 1 lit. b) GDPR. However, if the user also enters personal data in the optional input field, the data processing is based on Art. 6 para. 1 s. 1 lit. a) GDPR.
5.3 Purpose of data processing
The processing of personal data is used solely for us to finish your registration and organize your website-account.
5.4 Duration of storage
The data are deleted as soon as the purpose of storage is no longer required. This is the case if you delete your account and no statutory or regulatory retention periods of erasure contradict.
5.5 Right to objection and erasure
During and after the registration, the data subject is free to change, correct or delete their personal data.
6 Product emails
6.1 Description and scope of data processing
Our existing customers may receive product emails from us that contain information and innovations about our product. For this purpose, your specified name and e-mail address will be processed.
6.2 Legal basis for data processing
However, this is only done within the narrow limits of § 7 para. 3 of the UWG, which is to be understood in the light of Article 95 GDPR in a mirror image to Art. 6 para. 1 s.1 lit. f) GDPR. Our legitimate interest is to inform our existing customers about our products by means of promotional e-mails and thus to maintain contact with these customers.
6.3 Purpose of data processing
The product e-mails have the function to provide you with information about innovations in our product or notes.
6.4 Duration of storage
We will only process your data for as long as this is necessary for the purpose of performance and no legal or official retention obligations prevent deletion.
6.5 Right to objection and erasure
You have the possibility to object to the data processing for this purpose at any time. To do this, you can click the unsubscribe link built into each newsletter or adjust your profile settings.
7 Social Media
We have integrated the social media platforms Facebook and Instagram on our app via links, which lead to the social media providers receiving data from you if necessary. If you click on the social media link, the website of the respective social media provider will be accessed. By accessing the websites of the respective social media provider via our website, the respective social media provider is transmitted the respective reference data by us. The social media provider receives the information that you have visited us.
Note on data processing in the USA:
When you click on a social media link, data from you may be processed by the relevant provider in the United States. The ECJ considers that the data protection standard in the US is insufficient and that there is a risk that your data will be processed by the US authorities for control and monitoring purposes, possibly without any redress. Unless you click on the links of the social media providers, a data transfer will not take place.
Further information on data processing by social media providers can be found here:
Facebook: https://de-de.facebook.com/help/pages/insights
https://de-de.facebook.com/about/privacy
https://de-de.facebook.com/full_data_use_policy
Instagram: https://help.instagram.com/155833707900388
LinkedIn: https://www.linkedin.com/legal/privacy-policy
8 Analysis and marketing tools
Note on data processing in countries without adequate level of protection by Google and Huawai:
By agreeing to the data processing by all analysis and marketing services, you agree in accordance with Art. 6 para. 1 s. 1 lit. a) GDPR that your data will be processed in the USA and the People's Republic of China. The ECJ considers that the data protection standard in the US and China is insufficient and that there is a risk that your data will be processed by the local authorities for control and monitoring purposes, possibly without any redress. If you only agree to set essential services, the delivery will not take place. Consent given can be revoked at any time.
8.1 Google Analytics
8.1.1 Description and scope of data processing
Our app uses Google Analytics. This is a service for analyzing access to websites of Google Inc. ("Google") and allows us to improve our app.
Data processing for the European Economic Area and for Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Cookies enable us to analyze your use of our app. The information collected by a cookie are:
- IP address
- Access time
- Access Duration
The information is transmitted to a Google server in the USA and stored there. The evaluation of your activities on our website is transmitted to us in the form of reports. Google may pass on the collected information to third parties, if required by law or if third parties process this data on behalf of Google. The Google tracking codes of our Internet offer use the function "_anonymizeIp ()", thus IP addresses are processed only shortened, in order to exclude a possible direct personal link to you.
Under https://www.google.de/intl/de/policies/ as well as under http://www.google.com/analytics/terms/de.html you can find out more about the terms of use and privacy policy of Google Analytics.
8.1.2 Legal basis of data processing
Legal basis is your consent, Art. 6 para 1 s. 1 lit. a) GDPR.
8.1.3 Purpose of data processing
By processing the data, we can analyze how our Apps are used, so we can improve them for our users.
8.1.4 Duration of storage
The data will be deleted 50 months after your last app visit.
8.1.5 Right to objection and erasure
You can prevent the installation of cookies by Google Analytics in your browser settings. In this case, however, it may happen that you cannot fully use all features of our website. Also, trough browsers extensions e.g. http://tools.google.com/dlpage/gaoptout?hl=de Google Analytics can be disabled and controlled.
8.2 Google Ads and Google Conversion Tracking
8.2.1 Description and scope of data processing
We have integrated the services of Google Ads (formerly Google AdWords) on our app. Google Ads is an internet advertising service. We use Google Ads to gain relevance in the results of Google's search engine. Data processing for the European Economic Area and for Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
If the user accesses our website through a Google ad, Google will set a so-called conversion cookie on the user's system. For the explanation of the cookies, please refer to the pass to the cookies. The conversion cookie is used to create and analyze web-use statistics.
The conversion cookie stores the IP address when visiting the app. This data is stored in the USA. It is possible that Google will share this information with third parties.
For further privacy notices of Google refer to: https://policies.google.com/privacy?hl=en&gl=de
8.2.2 Legal basis of data processing
Legal basis is your consent, Art. 6 para. 1 s. 1 lit. a) GDPR.
8.2.3 Purpose of data processing
In particular, we use Google Ads to gain relevance in the results of Google's search engine.These advertisements are carried out to reach a greater audience.
8.2.4 Duration of storage
30 days after setting the conversion cookie the cookie loses its validity. This means that the user can no longer be identified. Within these 30 days both- us and Google can track which subpages have been accessed.
8.2.5 Right to objection and erasure
You have the possibility to revoke your consent to the data processing at any time. Please contact our data protection officer. The setting of cookies can be prevented by appropriate settings in the user's Internet browser at any time. The already set cookies can also be deleted in the settings of the Internet browser. We express our concern that preventing cookies from being set may mean that not all features are fully available.
The user may separately object to interest-based personalized advertising by Google. Please refer to the following link: www.google.de/settings/ads
8.3 Google AdSense
8.3.1 Description and scope of data processing
We use Google AdSense on the app. This is an online service used for promotional purposes. Google AdSense allows the placement of advertisements on third party websites.
Data processing for the European Economic Area and for Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Google AdSense places a cookie on the affected person. Regarding the clarification of “cookies”, see the passage on cookies above. The information stored by cookie can be recorded, collected and evaluated by Google Inc. or third parties. In addition, Google AdSense also uses so-called "WebBacons" (small invisible graphics) for the collection of information, through the use of which simple actions such as the visitor traffic on the website can be recorded, collected and evaluated.
The information generated by the cookie and / or WebBeacon about your use of this website is transmitted to a Google server in the USA and stored there. Google uses the information to evaluate your web behaviour with respect to the AdSense ads. Google may also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Google. Your IP address will not be associated with other Google data stored by Google. For more information about Google AdSense, please refer to the following link: https://www.google.de/intl/de/adsense/start/
8.3.2 Legal basis of data processing
Legal basis is your consent, Art. 6 para 1 s. 1 lit. a) GDPR.
8.3.3 Purpose of data processing
The purpose of data processing is to reach a wider audience by using targeted advertisements.
8.3.4 Duration of storage
The data will be deleted as soon as they are no longer needed for our recording purposes.
8.3.5 Right to objection and erasure
The user can prevent the storage of cookies on his hard drive and the display of WebBeacons by making the appropriate settings in the browser. For more information about Google AdSense, please refer to the link below: https://www.google.de/intl/de/adsense/start/
8.4 Huawei Ads
8.4.1 Description and scope of data processing
We use Huawei Ads in our app. The data processing is carried out by: Huawei Technologies Ireland Co Ltd, Pembroke Hall 38-39, Fitzwilliam Square Dublin, 2 Ireland.
The following data is processed:
- Condition of the end device
- Information about the device used
- Information about how the app works
- IP address
- Language
- Click events
The Service's Privacy Policy can be found at: https://consumer.huawei.com/de/legal/privacy-policy/; https://developer.huawei.com/consumer/en/devservice/term
8.4.2 Legal basis for data processing
The data processing is based on the consent you have given in accordance with Art. 6 para. 1 s.1 lit. a) GDPR.
8.4.3 Purpose of data processing
We use the Service to increase our awareness by enabling user-specific ads. We open up a wider range of users and interested parties through advertising.
8.4.4 Duration of data storage
The data will be deleted as soon as the purpose of the data processing has been achieved and no legal, contractual or official regulations prevent deletion.
8.4.5 Right to objection and erasure
You have the possibility to revoke your consent by notifying our data protection officer at any time. You can also contact Huawei's data protection officer at the following contact form: Privacy Questions (huawei.com)
8.5 Adjust
8.5.1 Description and scope of data processing
We use the analysis services of adjust GmbH, whereby the following data can be processed by you:
- Hashed IP address Mobile Identifiers, such as the Advertising ID for iOS (IDFA),
- Google Advertising ID or similar mobile identifiers
- Installation and first opening on your mobile device
- Your interaction on this app (e.g. in-app purchases, registration)
- Information about which advertisements you have seen or clicked on
- Sensor data including touch events, text change count, accelerometer, gyroscope, battery, light sensor, device hardware specifications and operating system version.
The data processing is carried out by: adjust GmbH, Saarbrücker Str. 37A 10405 Berlin, Germany.
Additional information on data protection can be found at: https://www.adjust.com/terms/privacy-policy/
8.5.2 Legal basis for data processing
The data processing is based on the consent you have given in accordance with Art. 6 para. 1 s.1 lit. a) GDPR.
8.5.3 Purpose of data processing
The purpose of data processing is to measure and track our marketing success in order to be able to continuously improve our app.
8.5.4 Duration of data storage
The data is stored by Adjust for as long as we use the Adjust technology, because Adjust needs it to provide its services to us.
8.5.5 Right to objection and erasure
You have the option to revoke your consent at any time by notifying our data protection officer. For questions about data protection at Adjust, you can send an email to privacy@adjust.com.
9 Other tools of third-party providers
9.1 Firebase Crashlytics
9.1.1 Description and scope of data processing
We use Firebase Crashlytics to check for possible errors in our app. The data processing is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
The service helps us by compile statistics about the issues presented by the app, so we can continuously improve the stability and security of our app. The following data can be processed:
- Device type
- Operating system
- App version
- Time and location of the problem
The Firebase Crashlytics Privacy Policy can be found at: https://firebase.google.com/terms/data-processing-terms/
9.1.2 Legal basis for data processing
The data processing is carried out on the basis of our legitimate interest in accordance with Art. 6 sec. 1 p. 1 lit. f) GDPR in order to present and correct problems in our app.
9.1.3 Purpose of data processing
We use the service to classify a crash of our app, e.B. how many users, which devices, operating systems or versions are affected. The service also helps us reduce troubleshooting time and prevent and educate future problems with the app.
9.1.4 Duration of data storage
The data will be deleted as soon as the purpose of the data processing has been achieved and no legal, contractual or official regulations prevent deletion.
9.1.5 Right to objection and erasure
You have the possibility to object to the data processing by notifying our data protection officer at any time. You can also object by setting the "Crash Reports" slider to Off in the privacy settings.
10 Links to other third-party vendors
When using our app, we offer you the possibility to link your user profile to other external services or applications. As a rising a force, the data collected by the respective service provider takes place to us. For this purpose, however, you must actively establish the link and thereby consent to the data processing in accordance with Art. 6 sec. 1 lit. a) GDPR.
A transfer of the data collected by us to the respective third party will not take place unless you have explicitly consented to this.
These are the following services that can transmit the following data to us.
Google Fit
- Body weight and body fat percentage incl. time of recording
- Daily step count
- Google Fit workouts and activities
- Training and activities imported into Google Fit through third-party apps
Apple Health
- Body weight and body fat percentage incl. time of recording
- Food energy, macro and micronutrient information
- Daily step count
- Apple Health workouts and activities
- Training and activities imported into Google Fit through third-party apps
Samsung Health
- Body weight incl. time of recording
- Training and activities recorded manually by the user or automated by Samsung incl. start time, duration, distance, type and energy consumed
- Daily summary of energy, step count and distance consumed
- Food energy, macro and micronutrient information
Fitbit
- Body weight incl. time of recording
- Training and activities recorded manually by the user or automated by Fitbit incl. start time, duration, distance, type and energy consumed
- Daily summary of energy consumed and step count
Garmin Connect
- Body weight incl. time of recording
- Training and activities recorded manually by the user or automated by Garmin incl. start time, duration, step count, distance, type and energy consumed
- Daily summary of energy, step count and distance consumed
Consent given can be revoked at any time by notifying our data protection officer. You also have the option to undo the connection between your account and external services or applications at any time. If a connection is successfully disabled, all associated data is deleted from the app.
10.1 Amazon Web Services (AWS)
10.1.1 Description and scope of data processing
If you link, your submitted data will be stored on a server hosted by Amazon Web Services. The data processing is carried out by: Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855 Luxembourg.
As a product of: Amazon.com Inc., 410 Terry Avenue North, Seattle WA 98109, USA.
The service provides the technical infrastructure so that we can offer our services, especially databases.
For more details and information about Amazon Web Services' specific privacy policies, see https://aws.amazon.com/de/privacy/ and https://www.amazon.com/gp/help/customer/display.html?nodeId=468496
10.1.2 Legal basis for data processing
The legal basis for data processing is Art. 6 sec. 1 lit. f) GDPR i.V. .m. Art. 28 GDPR.
10.1.3 Purpose of data processing
Our legitimate interest is based on the secure and user-friendly provision of our app as well as the secure storage of the data.
10.1.4 Duration of data storage
The data will be deleted as soon as the intended purpose has been fulfilled and there are no contractual, official or statutory retention regulations.
10.1.5 Right to objection and erasure
The collection of data for the provision of the app and the storage of the data is absolutely necessary for the operation of the app. You have the possibility to object to the data processing at any time.
11 Service providers from third countries
In order to be able to provide our services, we use the support of service providers from third party countries (non-EU countries). In order to ensure the protection of your personal data in this case, we conclude processing contracts with each - carefully selected - service provider. All of our processors provide sufficient guarantees to implement appropriate technical and organizational measures. Our third country data processors are either located in a country with an adequate level of data protection (Art. 45 GDPR) or provide appropriate safeguards (Art 46 GDPR).
Adequate level of protection: The provider comes from a country whose level of data protection has been recognized by the EU Commission. For more information, see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en
EU standard contract clauses: Our provider has submitted to the EU standard contractual clauses to ensure secure data transfer. For more information, see: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:039:0005:0018:DE:PDF
Binding Corporate Rules: Article 47 of the GDPR provides the possibility of ensuring data protection when transferring data to a third country via Binding Corporate Rules. These are examined and approved by the data security authorities within the framework of the consistency mechanism pursuant to Art. 63 GDPR.
Consent: In addition, a data transfer to a third country without an adequate level of protection will only take place if you have given us your consent in accordance with Art. 49 sec. 1 lit. a) GDPR for this purpose.
12 Your rights
You have the following rights with respect to the personal data concerning you:
12.1 Right to withdraw a given consent (Art. 7 GDPR)
If you have given your consent to the processing of your data, you can withdraw it at any time. This will affect the admissibility of processing your personal data by us for the time after you have withdrawn your consent. To withdraw your consent, contact us personally or in written form.
12.2 Right of access (Art. 15 GDPR)
You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data and the following information:
- the purpose of processing;
- the categories of personal data concerned;
- the recipients or the categories of recipient to whom your personal data have been or will be disclosed, in particular recipients in countries outside of the EU or international organisations;
- where possible, the envisaged period for which your personal data will be stored, or, if not possible, the criteria used to determine that period;
- all available information on the source of your personal data;
- the existence of automated decision-making, including profiling, referred to Art. 22 para. 1 and 4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.
In the case of such a request, you must provide enough information about your identity to proof that the request concerns your own personal data.
12.3 Right to rectification and erasure (Art. 16, 17 GDPR)
You have the right to obtain from us without undue delay the rectification and completion of inaccurate personal data concerning yourself.
You may also request the erasure of your personal data if any of the following applies to you:
- the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
- you withdraw consent on which the processing is based according to Art. 6 para. 1 s.1 lit. a) or Art. 9 para. 2 lit. a) GDPR, and where there is no other legal ground of processing;
- you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the you object to the processing pursuant to Art. 21 para. 2 GDPR;
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
- the personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1.
Where we made the personal data public and are obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
These rights shall not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance of Art. 9 para. 2 lit. h) and i) as well as Art. 9 para. 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
- for the establishment, exercise or defence of legal claims.
12.4 Right to restriction of processing (Art. 18 GDPR)
You shall have the right to obtain from us restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
- the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
- you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether our legitimate grounds override yours.
Where processing has been restricted under the aforementioned conditions, such personal data shall, except for 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 limitation of the processing is restricted, you will be informed by us before the restriction is lifted.
12.5 Right to information (Art. 19 GDPR)
If you have asserted us your right to rectification, erasure or restriction of data processing, we will inform all recipients of your personal data to correct, delete or restrict the processing of data, unless this proves impossible or involves disproportionate effort.
You also have the right to know which recipients have received your personal data.
12.6 Right to data portability (Art. 20 GDPR)
You have the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format. Also, you have the right to transmit those data to another controller, where
- the processing is based on consent pursuant of Art. 6 para. 1 s.1 lit. a) GDPR or of Art. 9 para. 2 lit. a) GDPR or is based on a contract pursuant of Art. 6 para. 1 s. 1 lit. b) DS-GVO; and
- the processing is carried out by automated means.
In exercising your right to data portability, you have the right to obtain that personal data transmitted directly from us to another controller, as far as technically feasible. 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 that has been delegated to us.
12.7 Right to object (Art. 21 GDPR)
Where we based the processing of your personal data on a legitimate interest (Art. 6 para. 1 s. 1 lit. f) GDPR), you may object to the processing. The same applies if the data processing is based on Art. 6 para. 1 s. 1 lit. e).
In this case, we ask you to explain the reasons why we should not process your personal data. Based on this we will terminate or adapt the data processing or show you our legitimate reasons why we continue the data processing.
12.8 Right to lodge a complaint with supervisory authority (Art. 77 GDPR)
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the infringes of the GDPR.
The supervisory authority to which the complaint has been submitted shall inform you of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.
13 How you perceive these rights
To exercise these rights, please contact our data security officer:
Kemal Webersohn from Webersohn & Scholtz GmbH
fddb@ws-datenschutz.com
or by mail:
WS Datenschutz GmbH
Dircksenstraße 51
10178 Berlin
Germany
14 Subject to change
We reserve the right to change this privacy policy in compliance with legal requirements.
January 2022