1 Name and address of the responsible party
The responsible party in the sense of the General Data Protection Regulation (GDPR), of the data protection regulations holding good in the member states of European Union and of other regulations with a legal data-protecting character is the:
Bardelli & Melzer KG
represented by owner Marco Bardelli
60489 Frankfurt am Main
Telefon: +49 (0) 69/ 94413053
The data protection information of the Bardelli & Melzer KG is based on the definitions which have been used by the European directive and order issuing office in formulating the General Data Protection Regulation (GDPR). The data protection information of the Bardelli & Melzer KG should be easily read and understood not only by the general public but also by our customers and business partners. In order to ensure this, we would like to clarify in advance the definitions used.
In this data protection information and on our website, we use - amongst others - the following terms:
2.1 Personal data
Personal data is any information relating to an identified or identifiable natural person (hereafter "data subject"). Defined as identifiable is a natural person 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 Data subject
Data subject is each identified or identifiable natural person, whose personal data is processed by the responsible party for the processing.
Processing means any operation or set of operations which is carried out in connection with personal data - whether or not by automated means - such as collection, recording, organisation, 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 Restricting of the processing
Restricting of the processing is the marking of personal data as stored with the objective of restricting its processing in the future.
Profiling is each type of the automated processing of personal data, which consists of this personal data being used to permit particular personal aspects relating to a particular natural person, and here in particular aspects in respect of work performance, economic situation, health, personal likes, interests, reliability, behaviour, place of residence or change of place of residence of this natural person to be evaluated, analysed or forecast.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, in so far as this additional information is kept in a special way and subjected to technical and organizational measures which ensure that the personal data cannot be assigned to an identified or identifiable natural person.
2.7 Responsible party or party responsible for the processing
Responsible party or party responsible for the processing (hereafter responsible party) is the natural person or legal entity, authority, institution or other post, which alone or together with others decides on the purposes and means of the processing of personal data. If the purposes and means of the processing are laid down in European Union legislation or the legislation of the member states, then the responsible party or the particular criteria of the appointment of this responsible party in accordance with European Union legislation or the legislation of the member states can be provided.
2.8 Order processor
Order processor is a natural person or legal entity, authority, institution or other post, which processes the personal data on the instructions of the responsible party.
Recipient is a natural person or legal entity, authority, institution or other post to which personal data are disclosed regardless of whether this is a third party or not. However, authorities, which receive within the framework of a particular investigation order in accordance with European Union legislation or the legislation of the member states data which possibly may be/contain personal data, do not hold good as recipients.
2.10 Third party
Third party is a natural person or legal entity, authority, institution or other post with the exception of the data subject, the responsible party, the order processor and those persons which are authorized under the direct responsibility of the responsible party or of the order processor to process the personal data.
Consent is each declaration of will given voluntarily by the data subject for the definite case in an informed and unambiguous manner in the form of a declaration or other unambiguous confirmatory action, with which the data subject makes clear that he/she agrees to the processing of personal data relating to himself/herself.
3 General information on data processing
Data protection, data security and data secrecy hold high priority for Bardelli & Melzer KG. The durable protection of your personal data, of your company data and of your business secrets is especially important for us.
You can always visit our website without making statements on your person. However, if you wish to make use of the services of our company, then this makes the stating of personal data necessary. As a rule we use the data that you communicate and that is collected by the website as well as the data stored in the course of the use solely for our own purposes, namely for the execution and making available of our website and the initiation, execution and progressing of the services/offers made available via the website (contract fulfillment) and do not pass this data on to external third parties in so far as there is not an official obligation to do this. In all other cases we obtain your special agreement.
The processing of your personal data is carried out in conformity with the requirements of the General Data Protection Regulation and in conformity with the country-specific data protection regulations holding good for Bardelli & Melzer KG. With the aid of this data protection information we wish to inform you on the nature, scope and purpose of the personal data processed by ourselves. In addition, we clarify for you with the aid of this data protection information the rights to which you are entitled.
Bardelli & Melzer KG has realized technical and organizational measures in order to ensure an appropriate level of protection of the personal data processed via this website. Nevertheless, fundamentally Internet-based data transmissions can have security loopholes so that absolute protection cannot be guaranteed.
4 Collecting of general data and information
The website of Bardelli & Melzer KG collects a range of general data and information each time the website is called by a data subject or an automated system. This general data and information is stored in the log files of the server. Able to be collected are: (1) the 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 steered to on our website via an accessing system, (5) the date and time of an access to the website, (6) an Internet-protocol-address (IP-address), (7) the Internet service provider of the accessing system and (8) other similar data and information, which serve the warding off of hazards in the case of attacks to our IT systems.
In using this general data and information Bardelli & Melzer KG draws no conclusions about the data subject. Much more is this information needed (1) to be able to deliver out the content of our website correctly, (2) to permit the optimization of the content of our website and of the advertising for this, (3) to ensure the durable functionality of our IT systems and of the technology of our website and (4) to be able to make available to the law enforcement authorities the information necessary for criminal prosecution in the case of a cyber attack. This anonymously collected data and information is evaluated by Bardelli & Melzer KG on the one hand statistically and on the other hand with the objective of increasing the data protection and the data security in our company in order finally to ensure an optimal level of protection for the personal data processed by ourselves. The anonymous data of the server-logfiles are stored separately from all the personal data stated by a data subject.
5 Registration on the Website
You have the opportunity to register yourself on our website by stating your personal data. The particular personal data, which is transmitted to the party responsible for the processing, is made clear in the input mask that is used for the registration. The personal data entered by the data subject is collected and stored solely for internal use by the party responsible for the processing and their own purposes. We can pass on the data submitted to one or more order processors, for example a payment-service provider or a parcel-service provider; the service provider may then use the personal data but solely for purposes related to the fulfillment of his order from ourselves.
When you register on our website, we store in addition the IP address issued by your Internet service provider as well as the date and the time of your registration. Storing this data enables us when necessary to clarify criminal acts and infringements of copyright that have been committed. To this extent the storing of this data for our security is necessary and lies in our justified field of interest in the sense of Article 6, Para. 1, lit f) of the GDPR. Passing on of this data to third parties does not take place in so far as there is no legal obligation to do this or in so far as the passing on serves a criminal or civil prosecution.
Apart from the above, your personal data, which you stated voluntarily when registering, aid us in offering you content or services, which by reason of the nature of the matter can only be offered to registered users.
6 Contact form for projects and e-mail contact
Provided on our website is a project request form which can be used for making contact for projects electronically. If a user makes use of this opportunity, the data entered in the input mask is transmitted to and will be stored by ourselves. This data is:
- E-Mail address
- Telephone number
At the time of the transmission of the message the following data will also be stored:
- IP-address of the user
- Date and time of the transmission
Alternatively, it is possible for contact to be made via the e-mail address that is provided. In this case the personal data of the user transmitted with the e-mail is stored.
The data transmitted using the project request form is automatically transferred to the Jira project management system and used for initial contact and assessment of requirements.
The transmission to Jira takes place under SSL encryption. The data of completed enquiries are manually deleted by Bardelli & Melzer KG on the 1st Monday in December.
In this connection no data is passed on to third parties. The data is used exclusively for the processing of the conversation and will immediately be deleted if it is no longer needed.
7 Data protection with applications and application processes
We collect and process the personal data of applicants for the purpose of progressing the application process. The processing can also be carried out electronically. This is in particular the case when an applicant sends to us relevant application documents by an electronic route, e.g. per e-mail. If we conclude a contract of employment with yourself as applicant, the data transmitted will be stored for purposes of progressing the employment relationship subject to observation of the legal regulations. If a contract of employment is not concluded by the party responsible for the processing with the applicant, then the application documents will be automatically deleted six months after notification of the rejection in so far as there is no other legitimate interest of the party responsible for the processing against deletion. Another legitimate interest in this sense is, for example, an obligation of proof in a process in accordance with the German General Equal Treatment Act.
8.1 Description and scope of the data processing
We employ cookies in order to arrange our website in a more user-friendly manner. Certain elements of our website require that the calling browser can also be identified after a page change.
In the cookies the following date is stored and transmitted:
- Type of device
- Language settings
- Articles in a shopping basket
- Log-in information
We have integrated the component Google Analytics (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, collection and analysis of data about the behavior of visitors to websites. Among other things, a web analytics service collects information about which web site an affected person came to a web site (called referrers), which subpages of the web site were accessed, or how often and for what length of time a subpage was viewed. Web analytics is used primarily to optimize a website and cost-benefit analysis of Internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the addition "_gat._anonymizeIp" for web analytics via Google Analytics. This addendum will truncate and anonymise the IP address of the data subject's Internet access if Google accesses our website 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 visitor flows on our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile for us online reports that show the activities on our website, and to provide other services related to the use of our website.
Google Analytics uses a cookie on the information technology system of the person concerned. What cookies are, has already been explained above. By using the cookie, Google will be able to analyze the use of our website. Each time one of the pages of this site is accessed by the controller and a Google Analytics component has been integrated into it, the internet browser on the subject's information technology system is automatically initiated by the respective Google Analytics component To submit data to Google for online analysis purposes. As part of this technical process, Google will be aware of personal data, such as the IP address of the person concerned, which serve, among other things, Google to track the origin of the visitors and clicks, and subsequently make commission settlements possible.
The cookie stores personally identifiable information, such as access time, the location from which access was made and the frequency of site visits by the data subject. Each time you visit our website, your personal information, including the IP address of the Internet connection used by the data subject, is transferred to Google in the United States of America. This personal information is stored by Google in the United States of America. Google may transfer such personal data collected through the technical process to third parties.
The affected person can prevent the setting of cookies by our website, as already described above, at any time by means of a corresponding setting of the Internet browser used and thus permanently contradict the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
10 Transfer of personal data
A transfer of your personal data from us to third parties will be made exclusively to the service partners involved in the execution of the contract, such as the logistics company commissioned with the delivery and the credit institution responsible for payment matters. However, in the case of the disclosure of your personal data to third parties, the scope of the data transmitted is limited to the minimum required. A transfer of your personal data to third parties for purposes other than those mentioned above does not take place. We will only share your personal information with third parties if:
You have given your express consent according to Art. 6 para. 1 p. 1 lit. a DSGVO,
the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
in the event that disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c DSGVO is a legal obligation, as well
this is legally permissible and according to Art. 6 para. 1 sentence 1 lit. b DSGVO is required for the settlement of contractual relationships with you. As part of the ordering process, we will obtain your consent to share your information with third parties.
11 Legal fundamentals, purposes of the processing, duration of the storage, objections and opportunities for elimination
11.1 General statements on the legal fundamentals
Article 6 Para. 1 lit. a EU General Data Protection Regulation (EU GDPR) serves as the foundation for the processing of personal data in so far as we obtain the consent of the data subject for the processing of personal data.
Article 6 Para. 1 lit. b GDPR serves as the legal foundation for the processing of personal data which is necessary for the fulfillment of a contract if the data subject is party to this contract. This also holds good for processing processes which are necessary for the execution of pre-contractual measures.
Article 6 Para. 1 lit. c GDPR serves as the legal foundation in so far as processing of personal data is necessary for the fulfillment of a legal obligation.
Article 6 Para. 1 lit. d GDPR serves as the legal foundation for the situation that vital interests of the data subject or another natural person make the processing of personal data necessary.
Article 6 Para. 1 lit. f GDPR serves as the legal foundation for the situation that processing is necessary for ensuring a legitimate interest of our company or of a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not exceed the first named interest.
11.2 General statements on deletion of data and duration of storing
The personal data of the data subject are deleted or disabled as soon as the purpose for which the data was stored lapses. In addition, storage can take place if this was stipulated by the European or national legislatures in orders, laws or other regulations in accordance with European Union law to which the responsible party is subject. Disabling or deletion of the data is also carried out if a storage period prescribed by the standards as named expires unless there is a necessity for the continued storage of the data for the concluding or fulfilling of a contract.
11.3 Individual statements:
|Widerspruch / Beseitigungsmöglichkeit
|General system data in accordance with clause 4
Article 6 Para. 1 lit. f GDPR
|The temporary storing of the IP-address by the system is necessary to permit the delivery of the website to the computer of the user. For this the IP-address of the user must remain stored for the duration of the session.
|The data is deleted as soon as it is no longer necessary for achieving the purpose of their collection. This is the case when the particular session has ended in situations where the data is collected for making the website available. This is the case at the latest seven days after the time when the data was stored in log files. More extensive storing is possible. In this case the IP-addresses of the users are deleted or distorted so that an assignment of the client calling in is no longer possible.
|No because the data is essential for operating of the website
|Registration data in accordance with clause 5
Article 6 Para. 1 lit. b GDPR
|Registration of the user is necessary for the fulfillment of a contract with the user or for the execution of pre-contractual measures.
|This is the case for the fulfillment of a contract or the execution of pre-contractual measures during the registration process when the data for the execution of the contract is no longer needed. Also, after the concluding of the contract there can be a necessity for the personal data of the contractual partner to be stored in order to meet contractual or legal obligations.
As user you have the opportunity at any time to terminate the registration. You can have the data stored on you changed at any time.
If the data is necessary for the fulfillment of contract or for the execution of pre-contractual measures, then premature deletion of the data is only possible if there are no contractual or legal obligations standing in the way of this.
|Data from the project request form and e-mails in accordance with clause 6
Legal foundation for the processing of the data is as a rule Article 6 Para. 1 lit. b. GDPR in the case of enquiries via the project request form and/or e-mails.
(contract fulfillment; pre-contractual measures);
Article 6 Para. 1 lit. c. GDPR (fulfillment of a legal obligation, e.g. answering of questions on data protection) and
in addition, Article 6 Para. 1 lit. f GDPR
The processing of the personal data from the input mask / e-mail serves us solely for the processing of the contact. This is also the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending-off process serve to prevent misuse of the contact form and to ensure the security of our IT systems.
The data is deleted as soon as it is no longer needed for achieving the purpose of their collection. This is the case for the personal data from the input mask of the project request form and those which are sent by e-mail when the particular conversation with the user has ended. The conversation has ended when the circumstances allow the conclusion to be drawn that the matter in question has been finally clarified.
The above does not hold good if the correspondence is subject to a retention obligation under commercial law.
The additional personal data collected during the sending-off process is deleted at the latest after a period of seven days.
|The user has the opportunity to object at any time to the storing of his personal data. In such a case the conversation cannot be continued.
|Data collected in connection with job-applications and job-application processes in accordance with clause 7
(fulfillment of the employment contract; measures prior to the concluding of an employment contract);
Article 6 Para. 1 lit. c. GDPR (Fulfillment of a legal obligation, e.g. answering of questions in connection with the job-application process) and
apart from this Article 6 Para. 1 lit. f GDPR
(legitimate interest) and
special legal authorization rules such as a collective agreement, company agreement, income tax law etc. A supplementary reference is made to the Personnel / HR processing file.
|If we conclude an employment contract with you as job applicant, the data transmitted for the purpose of progressing the employment relationship will be stored whereby the legal obligations will be observed.
If no employment contract is concluded between the party responsible for the processing and the job applicant, then the job-application documents will be automatically deleted six months after the notification of rejection has been sent in so far as no other legitimate interest of the party responsible for the processing conflicts with the deletion.
A legitimate interest in this connection could be - for example - a proof obligation in a process in accordance with the German General Equal Treatment Act).
|Only general objection and elimination opportunities.
|Cookies in accordance with clause 8
Article 6 Para. 1 lit. f GDPR (legitimate interests) for strictly technically essential cookies
In addition: Article 6 Para. 1 lit. a GDPR
Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies we learn how the website is used and in this way, we can continually optimize our offer.
These purposes also include our legitimate interest in the processing of the personal data in accordance with Article 6 Para. 1 lit. f GDPR.
By carrying out a change to the settings of your browser you can deactivate cookies or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be carried out automatically. However, if cookies for our website are deactivated, it may no longer be possible to use all the functions of the website in full.
The transmission of flash cookies cannot be prevented via the browser settings but requires changes to the setting of the flash player.
|Data transmission by third-party-cookies in accordance with clause 9
Article 6 Para. 1 lit. f GDPR
|Purpose and legitimate interest in setting third-party cookies is to improve our service to you by analyzing your user behavior. As a rule, only a pseudonymous data transfer to the third parties takes place. Incidentally, you have the power to prevent the transmission of third-party cookies by setting your Internet browser accordingly. Please compare details in section 9.
Third-party cookies are stored on the computer of the user and transmitted by this on our side. Therefore, as a user, you have full control over the use of third-party cookies.
Data collected by Google Analytics as part of Google Analytics usage will be retained for 14 months and then deleted by Google Analytics within one month.
By changing the settings in your Internet browser, you can disable or restrict the transmission of third-party cookies. Already stored third party cookies can be deleted at any time. This can also be done automatically.
The transmission of Flash cookies can not be prevented by the settings of the browser, but by changing the settings of the Flash Player.
12 Your rights
If your personal data is processed, then you are the data subject in the sense of the GDPR and you are entitled to the following rights vis à vis the responsible party:
12.1 Right to information
You can demand from the responsible party confirmation as to whether personal data, that relates to you, has been processed by ourselves.
If such processing has taken place, you can demand information on the following from the responsible party:
- The purposes for which the personal data is processed;
- The categories of personal data which are processed;
- The recipients or, as the case may be, the categories of recipients to which the personal data relating to you has been disclosed or will be disclosed;
- The planned duration of the storage of the personal data relating to you or - if concrete statements on this are not possible - the criteria for the laying down of duration of storage;
- The existence of a right to correction or deletion of the personal data relating to yourself, of a right to a restriction of the processing by the responsible party or of a right of objection to this processing;
- The existence of a right of appeal at a supervisory authority;
- All the available information on the origin of the data if the personal data was not collected at the data subject;
- The existence of an automated decision-finding process including profiling in accordance with Article 22 Para. 1 and 4 GDPR and – at least in these cases - meaningful information on the logic involved and its scope and the effects strived for of such a processing for the data subject in question.
You are entitled to the right to demand information on whether the personal data relating to yourself is transmitted to a third country or an international organization. In this connection you can demand to be instructed on the suitable guarantees in accordance with Article 46 GDPR in connection with the transmission.
12.2 Right to correction
You have a right to correction and/or complementing vis à vis the responsible party in so far as the personal data as processed and which relates to yourself is incorrect or incomplete. The responsible party has to carry out the correction without delay.
12.3 Right to restriction of the processing
Subject to the meeting of the following preconditions you can demand restriction of the processing of the personal data relating to you:
- if you dispute the correctness of the personal data relating to yourself for a period which makes it possible for the responsible party to check the correctness of the personal data;
- the processing is unlawful and you reject deletion of the personal data and instead demand restriction of the use of the personal data;
- the responsible party no longer needs the personal data for purposes of the processing but you need the data for the advancing, exercising or defending of legal claims, or
- if you have advanced objection to the processing in accordance with Article 21 Para. 1 GDPR but it has not yet been established whether the justified reasons of the responsible party outweigh your reasons.
If the processing of the personal data relating to yourself has been restricted, then this data - apart from the storing of this - may only be processed with your consent or for the assertion, exercising or defending of legal claims or for the protection of the rights of another natural person or legal entity or for reasons relating to an important public interest of the European Union or of a member state.
If the restriction of the processing has been restricted in accordance with the afore-mentioned preconditions, then you will be informed by the responsible party before the restriction is removed.
12.4 Right to deletion
12.4.1 Deletion obligation
You can demand of the responsible party that the personal data relating to yourself is deleted without delay and the responsible party is then obliged to delete this data without delay in so far as one of the following reasons applies:
- The personal data relating to yourself is no longer required for the purposes for which it was collected or for which it was processed.
- You revoke your consent, on which processing in accordance with Article 6 Para. 1 lit. a or Article 9 Para.2 lit. a GDPR was based, and there is no other legal foundation for the processing.
- You submit an objection to the processing in accordance with Article 21 Para. 1 GDPR and there are no justified reasons for the processing with a higher priority, or you submit an objection to the processing in accordance with Article 21 Para. 2 GDPR.
- The personal data relating to you was processed in an unlawful manner.
- The deletion of the personal data relating to you is required to fulfill a legal obligation in accordance with European Union law or the law of the member states, which laws the responsible party is subject to.
- The personal data relating to you was collected in relation to services offered by the information company in accordance with Article 8 Para. 1 GDPR.
12.4.2 Information to third parties
If the responsible party has made the personal data relating to you public and if he/she is obliged to delete this data in accordance with Article 17 Para. 1 GDPR, then he/she shall take reasonable measures including ones of a technical nature - whereby account shall be taken of the available technology and the implementation costs - to inform the responsible parties for the data processing which process the personal data that you as data subject have demanded from them the deletion of all links to this personal data or of copies or replicates of these.
The right to deletion does not exist in so far as the processing is necessary for
- the exercising of the right of free expression of opinion and to information;
- for the fulfillment of a legal obligation, which requires the processing in accordance with the law of the European Union or the law of the member states, which laws the responsible party is subject to, or for the carrying out of a task, which lies in the public interest or which is carried out in the exercising of public authority, which authority was transferred to the responsible party;
- for reasons of public interest in the field of public health in accordance with Article 9 Para. 2 lit. h and i as well as Article 9 Para. 3 GDPR;
- for archiving purposes, scientific or historical research purposes lying in the public interest or for statistical purposes in accordance with Article 89 Para. 1 GDPR, in so far as the right named in section a) probably makes the reaching of the objectives of the processing impossible or impairs it seriously, or
- for the advancing, exercising or defending of legal claims.
Moreover, the right to deletion does not exist in so far as the personal data has to be stored by the controller in order to fulfill legal duties to preserve records and legal retention periods. In such a case instead of deletion blockage of the personal data applies.
12.5 Right to information
If you have advanced the right to the correcting, deleting or restricting of the processing vis à vis the responsible party, then the latter is obliged to inform all recipients, to which the personal data relating to you was disclosed, of this correction or deletion of the data or of the restricting of the processing, unless this proves itself to be impossible or linked with unreasonable expenditure.
You are entitled to the right vis à vis the responsible party to be informed about these recipients.
12.6 Right to data portability
You have the right to receive the personal data relating to you, which you made available to the responsible party, in a structured, conventional and machine-readable format. In addition, you have the right to transmit this data to another responsible party without hindrance by the responsible party to whom the personal data was made available, in so far as
- the processing is based on a consent in accordance with Article 6 Para. 1 lit. a GDPR or Article 9 Para. 2 lit. a GDPR or on a contract in accordance with Article 6 Para. 1 lit. b GDPR and
- the processing is carried out with the aid of automated processes.
In exercising this right, you have in addition the right to bring about the situation that the personal data relating to you is transferred directly from one responsible party to another responsible party in so far as this is technically possible. The freedoms and rights of other persons may not be impaired thereby.
The right to data portability does not hold good for the processing of personal data, which is necessary for the carrying out of a task, which lies in the public interest or in the exercising of public authority and which task was transferred to the responsible party.
12.7 Right to object
For reasons which result from your particular situation you have the right to advance at any time objection to the processing of the personal data relating to you, which processing is carried out on the basis of Article 6 Para. 1 lit. e or f GDPR; this right also holds good for profiling based on these provisions.
The responsible party shall then no longer process the personal data relating to you, unless he/she can demonstrate compelling reasons worthy of protection, which reasons overweigh your interests, rights and freedoms or where the processing serves the advancing, exercising or defending of legal claims.
If the personal data relating to you is processed for the carrying out of direct advertising, then you have the right to advance at any time objection to the processing of the personal data relating to you for purposes of such advertising; this holds good too for profiling in so far as this is carried out in connection with such direct advertising.
If you object to the processing for purposes of direct advertising, then the personal data relating to you will no longer be processed for these purposes.
You have the opportunity - in connection with the use of services of the information company and regardless of directive 2002/58/EC – to exercise your right of objection with the aid of automated processes in which technical specifications are used.
12.8 Right to withdraw from the declaration of consent under data protection law
You have the right to withdraw your consent at any time and without giving reasons. In the event of withdrawal we immediately will delete your personal data and no longer process it. The legality of the processing carried out on the basis of your given consent and carried out prior to your withdrawal is not affected by you withdrawal.
12.9 Automated decision-making in individual cases including profiling
You have the right to not subject yourself to a decision based solely on an automated processing process - including profiling - which unfolds a legal effect vis à vis yourself or which impairs you significantly in a similar way. This does not hold good if the decision
- is necessary for the concluding or fulfillment of a contract between you and the responsible party,
- is permissible on the basis of legal regulations of the European Union or of its member states, which the responsible party is subject to, and these regulations contain reasonable measures for the maintenance of your rights and freedoms as well as for your legitimate interests or
- is carried out with your explicit consent.
However, these decisions may not be based on particular categories of personal data in accordance with Article 9 Para. 1 GDPR, in so far as Article 9 Para. 2 lit. a or g does not hold good and reasonable measures have been taken for the protection of the rights and freedoms as well as of your legitimate interests.
In respect of the cases named in (1) and (3) above the responsible party shall take reasonable measures to ensure the rights and freedoms as well as your legitimate interests, whereby belonging thereto is at the least the right to the affecting of the intervention of a person on the side of the responsible party for the representation of the responsible party's standpoint and to the challenging of the decision.
12.10 Right to complain at a supervisory authority
Regardless of another regulatory or judicial remedy, you are entitled to the right to lodge a complaint at a supervisory authority and here in particular at a supervisory authority in the member state of your place of residence, of your place of work or of the place where the suspected infringement took place when you are of the opinion that the processing of the personal data relating to you infringes the GDPR.
In this situation the supervisory authority, at which the complaint was lodged, shall inform the complainant on the status and the results of the complaint including the possibility of a judicial remedy in accordance with Article 78 GDPR.
Responsible party: Bardelli & Melzer KG