privacy

I. Name and Address of Controller

The controller within the meaning of the General Data Protection Regulation (GDPR), other national data protection legislation of the Member States and other data protection provisions is

Utimaco IS GmbH
Germanusstraße 4
52080 Aachen
Germany
Phone: +49 241 1696-200
Fax: +49 241 1696-199
E-Mail: hsm@utimaco.com
Website: https://hsm.utimaco.com/

II. Contact details of Data Protection Officer

The controller’s data protection officer can be contacted via

Utimaco IS GmbH
– Datenschutzbeauftragter –
Germanusstraße 4
52080 Aachen
Germany
Phone: +49 241 1696-0
E-Mail: dataprotection@utimaco.com

III. General Information on Data Processing

1. What are personal data?

Personal data within the meaning of the GDPR include all information relating to the personal or material circumstances of an identified or identifiable natural person (see Art. 4(1) GDPR). Such information will regularly include not only a person’s name and (e-mail) address, for example, but also the IP address and any other information that could permit identification of that person.

2. Scope of Processing of Personal Data

We process the personal data of our users only insofar as this is required to maintain a functional website and present our content and services. We regularly process personal data of our users only with their consent. An exception may be made in cases in which it is not possible to obtain such consent for concrete reasons and the processing of the data is legally allowed.

3. Legal Basis for Processing Personal Data

Art. 6(1)(a) of the General Data Protection Regulation (GDPR) provides the legal basis for any request we may make for consent to process the personal data of data subjects.

Art. 6(1)(b) GDPR provides the legal basis for processing personal data for the performance of any contract to which a data subject is party. This will also apply to processing required prior to entering into such a contract.

Art. 6(1)(c) GDPR provides the legal basis for processing required to comply with any legal obligations to which our Company is subject.

Art. 6(1)(d) GDPR provides the legal basis for processing personal data in order to protect the vital interests of a data subject or other natural person.

Art. 6(1)(f) GDPR provides the legal basis for processing personal data in order to safeguard the legitimate interests of our Company or any third party and the interests, fundamental rights or freedoms of a data subject do not override the interests of the former.

4. Erasure and Duration of Storage of Data

The personal data of data subjects will be erased or blocked as soon as the purpose for which they were initially stored no longer applies. Personal data may be stored for longer periods if provision for such storage has been made by European or national legislatures in Union regulations, laws or other regulatory requirements to which the controller is subject. Personal data will also be blocked or erased if a corresponding period of retention prescribed by such regulations, laws or legal requirements expires unless such data are required for the entry into or performance of a contract.

IV. Availability of the Website and Creation of Log Files

1. Description and Scope of Data Processing

Our system automatically records data and information from the computer system of every visitor to our Internet site.

This involves recording the following data:

• Date and time of access
• Browser type, version and language
• City/region/country
• IP address of the user
• System used by the user

These data are stored in the log files of our system. We store IP addresses only in pseudonymized form. This is done by using a standard procedure that involves replacing the final three digits of the IP addresses stored in the log files by three digits selected at random. This makes it impossible to identify data subjects.

2. Legal Basis for Processing of Data

Art. 6(1)(f) GDPR provides the legal basis for the temporary storage of data and log files.

3. Purpose of Processing Data

Temporary storage of IP addresses by the system is required to deliver the website to the computer of the user. As a result, the IP addresses of users must be stored for the duration of the respective session.

The purpose of storage in log files is to ensure the functionality of the website and support technical administration of the network infrastructure. In addition, such data enable us to enhance our website and maintain the security of our information technology systems. We also use these data to prepare and evaluate internal statistics. This involves no evaluation of data for marketing purposes.

We have a legitimate interest in processing data for such purposes pursuant to Art. 6(1)(f) GDPR.

4. Duration of Storage

Data are erased as soon as they are no longer needed to achieve the purposes for which they were initially collected. In the case of data collected to permit delivery of our website, this occurs when the respective session is ended.

In the case of data stored in log files, this will regularly take place within seven days. Storage for a longer period is possible. In such cases, data are pseudonymized so that they no longer permit identification of a specific user. Backups are kept in encrypted form for 14 days.

5. Possibility of Objection and Elimination

It is absolutely necessary to collect and store data in log files to permit delivery of the website. As a result, users may not object to such storage.

V. Contact Form and Contact by E-Mail

1. Description and Scope of Data Processing

A form that can be used to contact us by electronic means is available on our website. The information entered in the input mask by users who choose this option will be sent to and stored by us. This information will include the following data:

• First and last name (mandatory)
• E-mail address (mandatory)
• Telephone
• Company name
• User’s question (mandatory)

The following data will also be collected when the message is sent:

• IP address
• Date and time of transmission of message
• URL of Utimaco entry page

The e-mail addresses provided can also be used to contact us. A list can be found at https://hsm.utimaco.com/company/contact/. In this case, the personal data of the user transmitted with the e-mail will be stored.

We process personal data of the user to process his contact request. If the user wishes to receive information about our products, the answer to his request can in certain cases also be taken over by one of our sales partners. In such a case and only for that purpose, we forward the user’s data to the responsible partner. Both we and our sales partners have a legitimate interest in a contact request regarding our products, Art. 6(1)(f) GDPR.

In addition, if the user wishes he can use the contact form to get informed by us from time to time about our products and services. He can give his consent to this, independently of sending the contact form, by activating a checkbox. We will then inform the user about our products and services via e-mail and/or phone. In all other respects, the provisions regarding the newsletter under section VII apply.

Within the scope of our contact form we use a so-called Customer-Relationship-Management System called HubSpot. You will find more detailed information on this under section X.

2. Legal Basis for Processing of Data

Art. 6(1)(f) GDPR provides the legal basis for processing the data transmitted in connection with an e-mail. If the contact takes place in connection with the performance of a contract, Art. 6(1)(b) GDPR provides a further legal basis for processing.
If the user declares his consent to receive information on our products and services, the legal basis for this is Art. 6(1)(a) GDPR. In all other respects, the provisions regarding the newsletter under section VII apply.

3. Purpose of Processing Data

On the one hand, the processing of personal data serves us for processing the user’s request. The personal data processed from the input mask during the sending process also serve to prevent misuse of the contact form and to ensure the security of our information technology systems. This is also where our legitimate interest in data processing lies. On the other hand, we process the user’s personal data as part of our marketing activities. This is also in our legitimate interest.

4. Duration of Storage

Data are erased as soon as they are no longer needed to achieve the purposes for which they were initially collected. In the case of personal data from the input mask of the contact request form and the data transmitted with the e-mail, this occurs when the respective conversation with the user is terminated. A conversation is considered to be terminated when circumstances make it possible to assume that the respective issue has been conclusively clarified and no communication between us and the user is to be expected. This is no later than 18 months after the last contact by us or the user.

5. Possibility of Objection and Elimination

The user has the right to object to the processing of personal data at any time. In such a case, the conversation cannot be continued. The objection can be explained to us by sending an e-mail to dataprotection@utimaco.com.

In addition, the user may at any time withdraw his consent to receive information about our products and services for the future. The withdrawal can be declared to us by an e-mail to dataprotection@utimaco.com or by using the unsubscribe link contained in every newsletter.

In this case, the user’s data will be deleted without delay, unless the deletion is prevented by reasons arising from the law. For more information please see section XI.

VI. Downloads

1. Description and Scope of Data Processing

The “Downloads” area of our website https://hsm.utimaco.com/ makes it possible to download various documents or use a download link. This is also possible without providing any personal data. If the user provides his data, the data will only be processed with the user’s consent. The user is informed of this before submitting any data and his consent is obtained by activating a checkbox. In addition, cookies are used when downloads are initiated (more on this in our cookie policy, see section IX).

If a user enters his or her data in the input mask, the following data will be recorded:

• First and last name (optional)
• E-mail address (optional)
• Company name (optional)
• Country (optional)

After the data are sent, the user receives an e-mail with the download link and the information regarding withdrawal of consent.

Within the scope of our contact form we use a so-called Customer-Relationship-Management System called HubSpot. You will find more detailed information on this under section X.

2. Legal Basis for Processing of Data

Legal basis for the processing of data with the consent of the user is Art. 6(1)(a) GDPR. In all other respects, legal basis is Art. 6(1)(f) GDPR.

3. Purpose of Processing Data

By collecting the data, we can continuously optimize and improve the offers on our website. We can also identify which users are interested in our download content and better align our content with demand.

4. Duration of Storage

Data are erased as soon as they are no longer needed to achieve the purposes for which they were initially collected.

5. Possibility of Objection and Elimination

The user can object to the data processing any time via e-mail to dataprotection@utimaco.com and withdraw his consent for the future as described under section XI. In this case, the user’s data will be deleted without delay, unless the deletion is prevented by reasons arising from the law.

VII. Newsletter

1. Description and Scope of Data Processing

Visitors to our website can subscribe to a free newsletter. This involves the transfer of the following data from the input mask to us when they register to receive the newsletter:

• First and last name (mandatory)
• E-mail address (mandatory)
• Company name (optional)
• Country (optional)

The following data will also be recorded:

• IP address (anonymized)
• Time zone/date and time of registration

Data are forwarded to the service provider MailChimp in connection with data processing for the distribution of newsletters. More detailed information on MailChimp under section VII. 5.

Our newsletters contain so-called tracking pixels (web bugs). These help us to recognize whether and when an e-mail was opened and which links in the e-mail the recipient followed (so-called newsletter-tracking).

Within the scope of our contact form we use a so-called Customer-Relationship-Management System called HubSpot. You will find more detailed information on this under section X.

The user’s consent for processing the data is obtained during the registration process and via a subsequent confirmation e-mail with reference to this data protection information (so-called double-opt-in).

2. Legal Basis for Processing of Data

Legal basis for the processing of data within the scope of the newsletter subscription is the consent of the user according to Art. 6(1)(a) GDPR in conjunction with § 7 para. 2 no. 3 Unfair Competition Act (German Gesetz gegen den unlauteren Wettbewerb, UWG).

3. Purpose of Processing Data

The e-mail addresses of users will be recorded for the purposes of delivery of the newsletter. Other personal data recorded in connection with the registration process serve to prevent abusive use of the services or the e-mail address used.

Data relating to newsletter tracking is processed by us so that we can optimally tailor our newsletters to the wishes and interests of our subscribers. This enables us to send personalized newsletters to the respective recipient.

4.  Duration of Storage

Data from the input mask are erased as soon as they are no longer needed to achieve the purposes for which they were initially collected. Data are therefore kept until the user cancels his subscription.

5. Newsletter through MailChimp

We use the MailChimp component to distribute our newsletter. Mailchimp is a service provided by The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, USA.

The data stored during newsletter registration (e-mail address, if applicable name, IP address, country/region, timezone/date and the time of your registration) are transmitted to a server of The Rocket Science Group in the USA and stored there in compliance with the “EU-U.S. Privacy Shield”. The Rocket Science Group, LLC -, which operates MailChimp, is certified according to the requirements of Privacy Shield (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG). According to the EU Commission, a company on the “Privacy Shield List” can in principle be assumed to offer an adequate level of data protection. The e-mail address is recorded only for the purposes of sending users an e-mail that they can use to confirm that they want to be included in the e-mail list (“double opt-in”). If the e-mail address is confirmed, it will be permanently stored by the list provider until its owner withdraws his or her consent or it is deleted manually by us.

For further information on MailChimp and data protection can be found at https://mailchimp.com/legal/privacy/.

6. Possibility of Objection and Elimination

Subscribers can cancel their subscriptions to the newsletter at any time by withdrawing their consent for the future. Detailed information on the procedure to be used is provided in the confirmation e-mail and each individual newsletter. Each newsletter contains a dedicated link for this purpose. Users can also cancel their subscriptions by sending an e-mail at dataprotection@utimaco.com. In this case, the user’s data will be deleted without delay, unless the deletion is prevented by reasons arising from the law. More information under section XI.

VIII. Registration in the Utimaco Portal

1. Description and Scope of Data Processing

Users can register with their personal data at https://support.hsm.utimaco.com/hsm-simulator and, among other things, test the Utimaco SecurityServer HSM Simulator free of charge. The data they enter in the input mask when they register are sent to us and stored. The data are not made available to third parties.

Subject to a positive finding of adequacy as regards the export of data to other countries, the user will receive access to the Utimaco portal with his registered data.

The following data from the input mask will be transmitted to us during the registration process:

• E-mail address (mandatory)
• Gender (optional)
• First name (mandatory)
• Last name (mandatory)
• Company name (mandatory)
• Occupation (optional)
• Company website (mandatory)
• Street (mandatory)
• Country (mandatory)
• Region (optional)
• City and postal code (mandatory)
• Telephone number (mandatory)

The following data will also be collected upon registration:

• IP address of the user
• Time zone/date and time of registration

The following data will be collected during the use of the portal:

• Client number
• Newsletter (yes/no)
• Password
• Roles (control of access to portal)
• MAC address
• User name
• URL access to portal
• File name and path of information accessed
• Company name
• IP address

When registering for our portal, the user also has the option of subscribing to our newsletter. For this the provisions regarding the newsletter under section VII apply.

2. Legal Basis for Processing of Data

Legal basis for the processing of data for the use of our portal is Art. 6(1)(f) GDPR.

In the event registration is necessary for the performance of a contract to which the user is party or to take steps prior to entering into a contract, Art. 6(1)(b) GDPR provides a second legal basis for processing the data.

In the event a user downloads goods subject to export controls, Utimaco is under a legal obligation to report the download to the Federal Office for Economic Affairs and Export Control (BAFA) if the goods are downloaded to a server located outside the European Union. General License No. 16 (Telecommunication and Information Security) of 19 January 2012 and EU General Export Authorization No. EU 001 provide the legal basis for this obligation. Art. 6(1)(c) GDPR provides the legal basis for processing data for such purposes.

3. Purpose of Processing Data

Upon completion of registration, users receive direct access to the download files we make available. We require the data processed to be able to carry out the download and make the respective software or other documents available to users. In addition, we process user data in order to continuously optimize and improve our portal.

Registration of users is required for determination of compliance with the provisions of legislation governing export controls as well as for performance of a contract with a specific user or in order to take steps prior to entering into such a contract. In the event goods subject to export controls are downloaded to a server outside the European Union by a user, the data will also be processed for the purposes of compliance with our legal duty to report such downloads to the Federal Office for Economic Affairs and Export Control.

Our legitimate interest in data processing lies in these purposes.

4. Duration of Storage

Data are erased as soon as they are no longer needed to achieve the purposes for which they were initially collected.

This will regularly occur when data processed for the purposes of performance of a contract with a specific user or in order to take steps prior to entering into such a contract are no longer required for the purposes of performance of a contract or in order to take steps prior to entering into such a contract. It may also be necessary to store personal data of a party to a contract after entering into such a contract in order to fulfill contractual or legal obligations, including but not limited to the submission of the legally required reports to the Federal Office for Economic Affairs and Export Control and retention of such documentation to comply with legal record keeping requirements.

5. Possibility of Objection and Elimination

The user can object to the data processing at any time via e-mail to dataprotection@utimaco.com. In this case, the user’s data will be deleted without delay, unless the deletion is prevented by reasons arising from the law. For more information, see point XI. The use of the portal is then no longer possible.

In the event data are required for the purposes of performance of a contract or in order to take steps prior to entering into such a contract, earlier erasure of such data is possible only if contractual or legal obligations do not prevent such erasure.

IX. Use of Cookies

Information about the cookies we use and their functions can be found in our Cookie-Policy. There you will also find information on how you can change the cookie settings in your browser.

X. Deployment of Website Analysis Services

1. WiredMinds GmbH

We use the tracking technology of WiredMinds GmbH (www.wiredminds.de) to analyze visitor activity for marketing purposes and optimization of our website. This involves collecting, processing and storing data to prepare use profiles that are identified by pseudonyms. Whenever possible and appropriate, these use profiles are completely anonymized. Cookies may be used here. You will find more information on the use of cookies in our Cookie Policy (see section IX).

The data, which may also include personal data, are transferred to or collected directly by WiredMinds. WiredMinds may use information left on websites by visitors to create anonymized use profiles. The data collected will not be used to determine the personal identity of a website visitor and will not be compiled with personal data relating to the person identified by the pseudonym except in the case of a separate agreement with the data subject. If IP addresses are collected, they are anonymized immediately after collection by removing the last octet.

Opt-out from WiredMinds tracking

2. Google-Analytics

We use Google Analytics, a website analysis service of Google Inc. (“Google”), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, on our website. Google Analytics uses cookies that are placed on the computers of users and permit analysis of the use of websites. The information generated by such cookies (including your IP address) is sent to and stored on a Google server in US. You will find more information on the use of cookies in our Cookie Policy (see section IX).

The following data is processed by Google Analytics:

• Date and time of access
• Duration of visit per visitor and page
• Type of visit and history (in the sense of distinction between new and returning visitors)
• Names and URLs of files and pages accessed
• Website from which access is initiated (originating end)
• Websites accessed by the systems of users through our website
• The search term (query input)
• Entry and exit pages
• Pageview frequency
• Click paths
• Browser type, version and language
• Operating system, screen resolution
• City/region/country
• Internet service provider of users
• Internet connection speed
• IP addresses of users

Google uses this information for the purposes of evaluating the use of websites, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties if required to do so by law or such third parties process the information on Google’s behalf. Google will under no circumstances combine the IP addresses of users with other data in the possession of Google.

You can prevent the processing of your data by Google Analytics by means of an opt-out cookie. This cookie is set when you download the following browser add-on to deactivate Google Analytics: https://tools.google.com/dlpage/gaoptout?hl=en.

Against the background of the discussion of the use of analysis tools with complete IP addresses, we would like to draw your attention to the fact that IP addresses are processed only in abbreviated form on this website. Setting the “_anonymousIp()” field when using Google Analytics makes it impossible to associate the data collected with a specific data subject.

The terms of service and privacy policy of Google and Google Analytics can be downloaded at https://www.google.com/analytics/terms/ or https://policies.google.com/.

Google Analytics is also used to analyze data from AdWords for statistical purposes.

You can also opt-out from being tracked by Google Analytics by clicking the button.
Opt-out from Google Analytics

3. Google AdWords

For our online marketing, we use Google’s AdWords function. If the user accesses our website via a Google ad, a cookie is stored on the user’s computer.

These so-called “conversion cookies” are no longer active after 90 days and are not used to personally identify the user. If the user visits certain pages of our website while the cookie is still active, we and Google know that the user has clicked on ads on Google and has been redirected to our website. Google uses the information obtained through “conversion cookies” to compile statistics for our website. These statistics show us the total number of users who clicked on our ad and the pages of our website that were visited by each user. However, neither we nor other advertisers who use “Google Adwords” receive information that can be used to personally identify users. The installation of “conversion cookies” can be prevented via the browser settings, e.g. by setting the browser so that the automatic placement of cookies is deactivated or by blocking cookies from the “googleadservices.com” domain. You will find more information on the use of cookies in our Cookie Policy (see section IX).

More information is available at https://policies.google.com/technologies/ads?hl=en.

Further information on data protection at Google is available at https://policies.google.com/privacy?hl=en.

4. HubSpot

We use HubSpot services for our marketing activities and customer relationship management (CRM). The operating company is HubSpot, Inc. 25 First Street, 2nd Floor, Cambridge, MA 02141 USA. The HubSpot office in Ireland can be found at: HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland, phone: +353 1 5187500.

HubSpot is certified under the conditions of the “EU – U.S. Privacy Shield Frameworks” and subject to the TRUSTe Privacy Seal and the “U.S. – Swiss Safe Harbor” Framework (https://www.privacyshield.gov/participant?id=a2zt0000000TN8pAAG).

HubSpot is software that collects, stores and, depending on the intended use, allows data to be used. The collected data is stored on HubSpot’s servers. HubSpot uses “web beacons” and cookies, which are stored on the user’s computer and enable an analysis of the use of the website. You will find more information on the use of cookies in our Cookie Policy (see section IX). The following personal data is collected:

• IP address
• Geographical location
• Type of browser
• Duration of the visit
• Accessed Pages

Furthermore, HubSpot collects the user’s entered data if he/she

• fills in the contact form (see V. Contact Form and E-Mail Contact),
• uses our download area (see VI. Downloads), or
• subscribes to our newsletter (see VII. Newsletter).

A list of the cookies used by HubSpot can be found here: https://knowledge.hubspot.com/articles/KCS_Article/Reports/What-cookies-does-HubSpot-set-in-a-visitor-s-browser.

Hubspot’s privacy policy is available at https://legal.hubspot.com/privacy-policy?utm_campaign=GDPR%20Privacy%20Policy&utm_source=hs_email&utm_medium=email&utm_content=63125824.

5. Purpose of Processing Data

We use these services to analyze the use of our website so that we can constantly optimize it and make it more user-friendly.

In addition, HubSpot is an integrated software solution that covers various aspects of our online marketing. These include content management (website), e-mail marketing (newsletters and automated mailings, e.g. for the provision of downloads), social media publishing & reporting, reporting (e.g. traffic sources, accesses, etc.), contact management (e.g. user segmentation & CRM), landing pages and contact forms. With HubSpot we can analyze our website and thus constantly optimize it and make it more user-friendly, as well as inform our users in a more targeted manner.

Our legitimate interest in data processing pursuant to Art. 6 (1)(f) GDPR also lies in these purposes.

6. Legal Basis for Processing of Data

The legal basis for processing the data is Art. 6(1)(f) GDPR or, if the user has given his or her consent, Art. 6(1)(a) GDPR.

7. Duration of Storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose of their collection. In all other respects, we refer to the following sections of this Data Protection Notice as well as to our Cookie Policy:

• V. Contact Form and E-Mail Contact,
• VI. Downloads and
• VII. Newsletter.

8. Possibility of Objection and Elimination

If the use of website analysis services is generally not desired, the user can manage the use of cookies himself at any time and block or delete them using his browser settings. In addition, he can object to the data processing any time via e-mail to dataprotection@utimaco.com and withdraw his consent for the future as described under section XI. In this case, the user’s data will be deleted without delay, unless the deletion is prevented by reasons arising from the law.

XI. Rights of Data Subjects

If your personal data are processed, that makes you a data subject within the meaning of the GDPR and you have the following rights, which the controller must respect:

1. Rights of Access

You have the right to request that the controller confirm whether personal data that relate to you are processed by us.

If that should be the case, you can request information on the following from the controller:

(1) the purposes for which the personal data are processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom your personal data are or have been disclosed;
(4) the contemplated duration of storage of your personal data or, if concrete information cannot be provided, the criteria for determination of the duration of storage;
(5) the existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge complaints with a supervisory authority;
(7) all available information on the origin of personal data not obtained from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Art. 22(1) and (4) GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to receive information on whether your personal data are transferred to a third country or an international organization. In this context, you can require that we notify you of appropriate safeguards pursuant to Art. 46 GDPR in connection with any such transfer.

2. Right to Rectification

You have the right to require that the controller rectify and/or complete your personal data if the data that are processed are inaccurate or incomplete. The controller must make such changes without undue delay.

3. Right to Restrict Processing

You have the right to require that the controller restrict processing of your personal data under the following conditions:

(1) if you contest the accuracy of personal data for a period enabling the controller to verify the accuracy of the respective personal data;
(2) if the processing is unlawful and you oppose erasure of the personal data and request restriction of their use instead;
(3) if the controller no longer needs the personal data for the purposes of processing, but you need the personal data to establish, exercise or defend legal claims; and
(4) if you have objected to processing pursuant to Art. 21(1) GDPR pending verification of whether the legitimate grounds of the controller override your grounds.

If the processing of your personal data has been restricted, such personal data may, except as regards storage, be processed only 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 processing has been restricted as described above, you will be notified by the controller before such restriction is lifted.

4. Right to Erasure

a) Duty to erase

You have the right to require that the controller erase personal data concerning you without undue delay and the controller must then erase such personal data without undue delay if one of the following grounds applies:

(1) The personal data are no longer needed for the purposes for which they were originally collected or otherwise processed;
(2) You have withdrawn the consent to processing given pursuant to of Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal ground for such processing;
(3) You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for such processing or you object to the processing pursuant to Art. 21(2) GDPR;
(4) Your personal data were processed unlawfully;
(5) Your personal data must be erased to comply with a legal obligation under Union or Member State law to which the controller is subject;
(6) Your personal data were collected in connection with an offer of information society services pursuant to Art. 8(1) GDPR;

b) Information Provided to Third Parties

If the controller has disclosed personal data concerning you and is obligated to erase such data pursuant to Art. 17(1) GDPR, the controller, taking account of available technology and the cost of implementation, must take reasonable steps, including technical measures, to inform controllers that are processing the personal data that you, as the data subject, have requested erasure by such controllers of any links to or copy or replication of such personal data.

c) Exceptions

The right to erasure does not apply if processing is necessary

(1) to exercise the right to freedom of expression and information;
(2) to comply 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 to exercise official authority vested in the controller;
(3) for reasons of public interest in the area of the public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(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 such processing; or
(5) to establish, exercise or defend legal claims.

5. Right to Rectification

If you have the right to require that a controller rectify, erase or restrict processing, the controller must notify all recipients to whom personal data concerning you were disclosed of such rectification, erasure or restriction of processing unless notification proves impossible or would entail an unreasonable effort.

You have the right to be notified of such recipients by the controller.

6. Right to data portability

You have right to receive the personal data concerning you that you have made available to a controller in a structured, commonly used and machine-readable format. You also have the right to transmit such data to another controller without hindrance from the controller to which the personal data were provided

(1) if processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
(2) processing is carried out by automated means.

In exercising this right, you also have the right to have personal data concerning you transmitted directly from one controller to another if technically feasible. This may not be allowed to adversely affect the freedoms and rights of others.

The right to data portability does not apply to the processing of personal data required 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 to the processing of personal data concerning you for reasons related to your particular situation on the basis of Art. 6(1)(e) or (f) GDPR. This will also apply accordingly as regards profiling based on these provisions.

The controller will then cease to process personal data concerning you unless it is possible to demonstrate compelling legitimate reasons for such processing that outweigh your interests, rights and freedoms or such processing serves to establish, exercise or defend legal claims.

If personal data concerning you are processed for direct marketing purposes, you have the right to object to the processing of your data for such marketing purposes at any time. This will apply accordingly to any profiling related to such direct marketing activities.

If you object to processing for the purposes of direct marketing, personal data concerning you will no longer be processed for such purposes.

In the context of the use of information society services and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to Withdraw Consent under Data Protection Law

You have right to withdraw your consent to having your personal data processed at any time. Withdrawal of consent will not affect the lawfulness of processing based on your consent prior to withdrawal.

9. Automated Individual Decision-Making, Including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that legally affects you or entails effects that are of similar importance. This will not apply in the case of any decision that is

(1) necessary for the entry into or performance of a contract between you and the controller,

(2) permissible under Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the your rights and freedoms and legitimate interests or

(3) based on your explicit 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) GDPR applies and suitable measures have been taken to safeguard your rights and freedoms as well as your legitimate interests.

In the cases referred to in (1) and (3) above, the controller must implement suitable measures to safeguard your rights and freedoms as well as your 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.

10. Right to Lodge Complaints 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 residence, place of work or place of the alleged infringement if you are of the opinion that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint is lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.