XII. Rights of the Data Subject
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:
1. Right of Access
You may request confirmation from the data controller as to whether personal data concerning you is being processed by us. If such processing is taking place, you may request the following information from the data controller:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific details cannot be provided, the criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restrict processing by the controller, or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information regarding 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, pursuant to Article 22(1) and (4) of the GDPR and—at least in these cases—meaningful information about the logic involved, as well as the scope and intended effects of such processing on the data subject.
You have the right to request information regarding whether the personal data concerning you will be 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 Article 46 of the GDPR in connection with the transfer.
2. Right to Rectification
You have the right to request that the controller rectify and/or complete your personal data if the processed personal data concerning you is inaccurate or incomplete. The controller must carry out the rectification without undue delay.
3. Right to Restriction of Processing
Under the following conditions, you may request the restriction of the processing of the personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you for a period that allows 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 instead request the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise, or defend legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it has not yet been determined whether the controller’s legitimate grounds override your interests.
If the processing of your personal data has been restricted, such data—apart from its storage—may be processed only with your consent, or for the purpose of asserting, exercising, or defending legal claims, or to protect the rights of another natural or legal person, or for reasons of an important public interest of the Union or a Member State. If the restriction on processing has been imposed in accordance with the above conditions, the controller will notify you before the restriction is lifted.
4. Right to Erasure
a) Obligation to Erase Data You may request that the controller immediately erase the personal data concerning you, and the controller is obligated to erase such data without undue delay if any of the following grounds apply:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary to comply with 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 connection with information society services offered pursuant to Article 8(1) of the GDPR.
b) Notification to Third Parties If the controller has made the personal data concerning you public and is obligated to erase it pursuant to Article 17(1) of the GDPR, the controller shall, taking into account available technology and the cost of implementation, take reasonable measures, including technical measures, to inform controllers who process the personal data that you, as the data subject, have requested the erasure of all links to such personal data or of copies or replicas of such personal data.
c) Exceptions The right to erasure does not apply to the extent that the processing is necessary
(1) for exercising the right to freedom of expression and information;
(2) for compliance with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR; (4) for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, to the extent that the right referred to in subsection (a) is likely to render impossible or seriously impair the achievement of the objectives of such processing; or (5) for the establishment, exercise, or defense of legal claims.
5. Right to Information
If you have exercised your right to rectification, erasure, or restriction of processing with the controller, the controller is obligated to notify all recipients to whom your personal data has been disclosed of this rectification, erasure, or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed by the controller about these recipients.
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 format. You also have the right to transmit this data to another
controller without hindrance from the controller to whom the personal data was provided, provided that
(1) the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the 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, to the extent that this is technically feasible. This must not infringe upon 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.
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 that is carried out pursuant to Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions. The controller will no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defense of legal claims. If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for such marketing purposes; this also applies to profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. In connection with the use of information society services—notwithstanding Directive 2002/58/EC—you have the option to
exercise your right to object using automated procedures that employ technical specifications.
8. Right to Withdraw Consent under Data Protection Law
You have the right to withdraw your consent under data protection law at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent prior to withdrawal.
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—that 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 such law provides for appropriate measures to safeguard your rights, freedoms, and legitimate interests; or
(3) is based on your explicit consent.
However, such decisions may not be based on special categories of personal data as defined in Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights and freedoms as well as your legitimate interests. With regard to the cases mentioned in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including, at a minimum, the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.
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 the place of the alleged infringement, if you believe that the processing of personal data concerning you violates the GDPR. The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.
The supervisory authority responsible for us in Austria is the Data Protection Authority (DSB): Austrian Data Protection Authority, Barichgasse 40–42, 1030 Vienna, email: dsb@dsb.gv.at
