Soukromí

I. Name and address of the person responsible

The responsible person in terms of the Data Protection Basic Regulation and other national data protection laws of the member states as well as other data protection regulations is:

WEICON Czech Republic s.r.o.

Teplická 305

417 61 Teplice-Bystřany

Phone: +42 (0) 417 533 013

E-mail: info@weicon.cz

Website: www.weicon.cz

II. Name and address of the Data Protection Officer

The data protection officer is the person responsible:

Rechtsanwalt Nienhaus

Philipp-Reis-Straße 4

46397 Bocholt

E-Mail: info@nienhaus-rechtsanwaelte.de

III. general information on data processing

1. the scope of processing of personal data

As a matter of principle, we process personal data only to the extent necessary to provide a functional website and our contents and services. Personal data will only be processed with the user's consent or in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal regulations.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Regulation (DSGVO) serves as the legal basis.

When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Article 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.

3. data erasure and storage duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. Data is also blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

IV Provision of the website and creation of log files

1. description and scope of data processing

Whenever you visit our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

1.1 Browser type and version

1.2. the operating system used

1.3 Internet service provider of the user

1.4. the IP address

1.5 Date and time of access

1.6. websites from which the user's system reaches the lower Internet page

1.7 Websites that are accessed by the user's system via our website

The data is also stored in log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other user data.

2. legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.

3. purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO.

4. duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.

In the case of data stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that it is no longer possible to assign the client called up.

5. possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.

V Use of cookies

1. description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change. These are, for example, the access data for closed areas of our website that require a log-in.

We also use cookies on our website which enable us to analyse the surfing behaviour of users. When calling up our site, the user is informed about the corresponding use and his consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this privacy policy.

2nd legal basis for the data processing

The legal basis for the processing of personal data is Art. 6 para. 1 lit. a and Art. 6 para. 1 lit. f DPA.

3. purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Without the use of cookies, not all functions can be offered. The data collected by technically unnecessary cookies is used to improve the quality of our website and content. This enables us to find out how the website is used and to constantly optimise our offer.

These purposes also include our legitimate interest in processing personal data in accordance with Art. 6 Para. 1 lit. f DSGVO.

4. duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and are transmitted by the user to our site. Therefore, users also have full control over the use of cookies. By changing the settings in the Internet browser, users can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it may not be possible to use all the functions of the website to their full extent.

The transmission of flash cookies cannot be prevented by the browser settings, but by changing the settings of the flash player.

VI Newsletter

1. description and scope of data processing

On our website you have the possibility to subscribe to a free newsletter. When registering, the data from the input mask is transmitted to us, at least the following information:

1.1. form of address

1.2. name

1.3 Company

1.4. postcode

1.5. city

1.6. country

1.7. e-mail address

At the time the message is sent, the following data is also stored:

1.8 IP address of the user

1.9 Date and time of registration

For the processing, the user's consent is obtained during the registration process and reference is made to this data protection declaration, which also contains the specific consent text below.

In connection with the data processing for the sending of newsletters, the data will not be passed on to third parties. The data will be used exclusively for sending the newsletter.

2. legal basis for data processing

The legal basis for the processing of personal data after subscribing to the newsletter is Art. 6 para. 1 a. DSGVO.

3. purpose of data processing

The collection of the user's data serves the purpose of sending the newsletter. The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. The user's e-mail address is therefore stored as long as the subscription to the newsletter is active.

5. possibility of objection and removal

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose there is a corresponding link in every newsletter.

This also enables a revocation of the consent to store the personal data collected during the registration process.

VII Contact form and e-mail contact

1. description and scope of data processing

If there are contact forms on our website which can be used for electronic contact and a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. These data are usually depending on the selected form:

1.1. name

1.2. first name

1.3 Salutation

1.4. company

1.5. postcode

1.6. place

1.7. address

1.8. telephone

1.9. fax

1.10. E-mail address

At the time the message is sent, the following data is also stored:

1.11. IP address of the user

1.12. Date and time of registration

For the processing, the user's consent is obtained during the registration process and reference is made to this data protection declaration, which also contains the specific consent text below.

Alternatively, it is possible to contact the user via the e-mail address provided. In this case the personal data of the user transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.

2. legal basis for the data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.

3. purpose of data processing

The processing of the personal data from the input mask serves us only for the processing of the establishment of contact. In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified.

The personal data additionally collected during the sending process will be deleted after a period of seven days at the latest.

5. possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.

The revocation of the consent and the objection to the storage is possible orally, in writing or by e-mail.

All personal data stored in the course of the contact will be deleted in this case.

VIII Web Analysis by Google Analytics

1. the scope of processing of personal data

We use Google Analytics on our website to analyse the surfing behaviour of our users. The software sets a cookie on the user's computer (for cookies see above). If individual pages of our website are called up, the following data is stored:

1.1 Two bytes of the IP address of the calling system of the user

1.2 The accessed website

1.3 The website from which the user accessed the accessed website (referrer)

1.4 The sub-pages that are accessed from the accessed website

1.5 The time spent on the website

1.6 The frequency of accessing the website

Google uses cookies. The information generated by the cookie about the use of the website by the user is usually transferred to a Google server in the USA and stored there. Google is certified under the Privacy-Shield-Agreement and thus offers a guarantee to comply with the European data protection law. We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is shortened by Google within member states of the European Union or in other states that are parties to the Agreement on the European Economic Area. The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link. Further information on data usage by Google, setting and objection options can be found on the websites of Google Data usage by Google in your use of websites or apps of our partners, data usage for advertising purposes, manage information that Google uses to show you advertising. Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services related to the use of this website and the internet. The processed data can be used to create pseudonymous user profiles of the users.

2. legal basis for the processing of personal data

The legal basis for the processing of personal data is Art. 6 para. 1 lit. a DSGVO.

3. purpose of data processing

The processing of the personal data of users enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information on the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness.

4. duration of storage

Sessions and campaigns are terminated after a certain period of time. By default, sessions end after 30 minutes of inactivity and campaigns end after six months. The maximum time limit for campaigns is two years. Users can find more information on terms of use and data protection at "https://www.google.com/analytics/terms/de.html" or at "https://policies.google.com/".

5. possibility of opposition and removal

Cookies are stored on the user's computer and are transmitted by the user to our site. Therefore, users also have full control over the use of cookies. By changing the settings in their Internet browser, they can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it may not be possible to use all the functions of the website to their full extent.

Users can also prevent the collection of data generated by the cookie and related to the use of the website (including IP address) to Google and the processing of this data by Google by downloading and installing this browser add-on.

Opt-out cookies prevent the future collection of user data when visiting this website. To prevent Universal Analytics from collecting data across multiple devices, users must opt-out on all systems in use.

IX Web Analysis by Google Firebase

1. the scope of processing of personal data

We use Google Firebase in our app. Firebase is part of the Google Cloud platform and offers the following services besides a database:

1.1 Google Firebase

Firebase Analytics enables the analysis of the use of our offer. This means that information about the use of our app is collected and transmitted to Google and stored there. Google uses the ID of the end device for this purpose. Google will use this information to evaluate the use of our app and to provide us with further services related to the use of apps.

1.2 Firebase Crash Reporting

Firebase Crash Reporting serves the stability and improvement of the app. Information is collected about the device used and the usage of our app (e.g. the timestamp, when the app was started and when the crash occurred), which enables us to diagnose and solve problems.

1.3 Firebase Cloud Messaging

Firebase Cloud Messaging is used to transmit push messages or so-called in-app messages (messages that are only displayed within the app). The mobile device is assigned a pseudonymized push reference, which serves as the target for the push messages or in-app messages.

The generated information about the use of our app by users is usually transferred to a Google server in the USA and stored there. Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law. Information on data usage by Google, setting and objection options, you will learn on the websites of Google data usage by Google when you use websites or apps of our partners, data usage for advertising purposes, manage information that Google uses to show you advertising. Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services related to the use of this website and the internet. The processed data can be used to create pseudonymous user profiles of the users

2. legal basis for the processing of personal data

The legal basis for the processing of personal data is Art. 6 para. 1 lit. a DSGVO.

3. purpose of data processing

The processing of the personal data of users enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information on the use of the individual components of our app. This helps us to constantly improve our app and its user-friendliness.

4. duration of storage

Sessions are terminated after a certain period of time. Users can find more information on the terms of use and data protection at "https://www.google.com/analytics/terms/de.html" or at "https://policies.google.com/".

5. possibility of opposition and removal

The use of the ID can be restricted in the device settings. The push messages can be deactivated and reactivated at any time in the settings of the mobile device.

X Google fonts

1. description and scope of data processing

Our website uses web fonts provided by Goolge Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google") for the uniform display of fonts. When a page is called up, the browser of the visitor to the Website loads the required Web Fonts into its browser cache in order to display texts and fonts correctly. Google is listed under the Privacy Shield Agreement, which currently ensures compliance with European data protection law. For this purpose, the browser used by the website visitor must connect to Google's servers. This informs Google that the IP address used has been used to access our website.

2 Legal basis for the processing of personal data

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 f. DSGVO and Art. 6 para. 1 a DSGVO.

3. purpose of data processing

Google Web Fonts are used in the interest of a uniform and attractive presentation of our online offers. These purposes also include our legitimate interest in processing data in accordance with Art. 6 Para. 1 lit. f DSGVO.

4. duration of storage

According to its own information, the log data collected by Google is anonymised by deleting part of the IP address and cookie information after 9 and 18 months respectively. Users can find further information here.

5. possibility of objection and removal

If users do not consent to the transmission of their data to Google in the context of the use of Google fonts, there is the possibility of completely deactivating the Google web service by deactivating the use of cookies in the browser. Users can find more information about Google Web Fonts here and in the Google Privacy Policy.

XI Google Maps

1. description and scope of data processing

On our website we use Google Maps (API) from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Maps is a web service for the display of interactive (land) maps to visually present geographical information. By using this service, users can, for example, see our location or that of our partners and can find it easier to find us.

Already when calling up those sub-pages in which the Google Maps map is integrated, information about the use of our website (such as the IP address) is transmitted to Google servers in the USA and stored there. This happens regardless of whether Google provides a user account through which users are logged in or whether no user account exists. If users are logged in at Google, their data will be assigned directly to their account. If users do not want their profile to be associated with Google, they must log out before activating the button. Google stores the data (even for users who are not logged in) as user profiles and evaluates them.

2 Legal basis for the processing of personal data

The legal basis for the processing of users' personal data is Art. 6 para. 1 lit. f DSGVO.

3. purpose of data processing

Our purpose is to integrate a dynamic map into our internet presence. These purposes also include our legitimate interest in the processing of data in accordance with Art. 6 para. 1 lit. f DSGVO.

4. duration of storage

According to its own information, the log data collected by Google is anonymised by deleting part of the IP address and cookie information after 9 and 18 months respectively. Users can find further information here.

5. possibility of objection and removal

If users do not agree with the transmission of their data to Google within the scope of using Google Maps, there is the possibility to completely deactivate the Google Maps web service by switching off the JavaScript application in the browser. Google Maps and thus the map display on this website cannot be used in this case.

XII Deployment of the App

1. description and scope of data processing

When using our app, our system automatically collects data. The following data is collected:

1.1 Browser type and version

1.2. the operating system used

1.3 Internet service provider of the user

1.4. the IP address and port

1.5 Date and time of access

1.6 IMEI, UDID, IMSI, MAC address and MSISDN, IDFA, name of the smartphone depending on the smartphone

1.7 Name of the user

1.8. websites or apps from which the user's system accesses the lower Internet page

1.9. websites or apps that are accessed by the user's system via our website

The data is also stored in log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other user data.

2. legal basis for the processing of personal data

The legal basis for the processing of personal data is Art. 6 para. 1 lit. a and Art. 6 para. 1 lit. f DPA.

3. purpose of data processing

The storage by the system is necessary to enable the app to be delivered to the user's end device. For this purpose, the user's IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO.

4. duration of storage

The data will be deleted as soon as they are no longer necessary for the attainment In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.

In the case of data stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that it is no longer possible to assign the client called up.

5. possibility of objection and removal

The collection of data for the provision of the app and the storage of the data in log files is mandatory for the operation of the app. Consequently, there is no possibility of objection on the part of the user.

Rights of the person concerned

If personal data of users are processed, they are data subjects within the meaning of the DSGVO and they are entitled to the following rights vis-à-vis the person responsible, whereby the following list includes all their rights, not only those rights that arise when using our services:

Right to information

Users may request confirmation from those responsible for processing whether personal data concerning them is being processed by us.

If such processing is carried out, users may request the following information from the data controller:

(1) the purposes for which the personal data are processed

(2) the categories of personal data which are processed;

(3) the recipients or categories of recipients to whom the personal data concerning them have been or will be disclosed;

(4) the planned duration of storage of the personal data relating to them or, if it is not possible to give specific details, criteria for determining the duration of storage;

(5) the existence of a right of rectification or erasure of personal data relating to them, a right to have the processing limited by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information as to the origin of the data where the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling in accordance with Art. 22, paragraphs 1 and 4 DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject.

Users have the right to request information as to whether the personal data concerning them is transferred to a third country or to an international organisation. In this context, they may request to be informed of the appropriate safeguards pursuant to Art. 46 DPA in connection with the transfer.

Right of rectification

Users have the right to obtain from the persons responsible the rectification and/or integration of their personal data processed if the personal data processed concerning them is incorrect or incomplete. The person responsible must make the correction without delay.

Right to limit processing

Under the following conditions, users may request that the processing of personal data concerning them be restricted:

(1) if users dispute the accuracy of the personal data concerning them for a period which enables the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and users refuse to delete their personal data and instead request the restriction of the use of their personal data;

(3) the controller no longer needs the personal data for the purposes of the processing, but users need them in order to assert, exercise or defend their rights; or

(4) if users have lodged an objection to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been established whether the legitimate reasons of the controller outweigh the grounds for such objection

If the processing of personal data relating to users has been restricted, such data may be processed, with the exception of storage, only with their consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, users shall be informed by the controller before the restriction is lifted.

Right of cancellation

Obligation to delete

Users may request the controller to delete personal data concerning them without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

(1) personal data concerning users are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) Users revoke their consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO, and there is no other legal basis for the processing.

(3) Users lodge an objection to the processing pursuant to Art. 21 Para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or they lodge an objection to the processing pursuant to Art. 21 Para. 2 DSGVO.

(4) Personal data concerning users have been processed unlawfully.

(5) The deletion of personal data relating to users is necessary to comply with a legal obligation under Union or national law to which the controller is subject.

(6) Personal data relating to users have been collected in relation to information society services provided in accordance with Article 8(1) of the DSGVO.

Information to third parties

If the controller has made public personal data relating to users and is obliged to delete them in accordance with Art. 17 para. 1 of the DSGVO, it shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform data controllers who process personal data that you, as the data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

Exceptions

The right of cancellation does not exist insofar as the processing is necessary

(1 ) on the exercise of the right to freedom of expression and information;

(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform 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 field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;

(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or

(5) to assert, exercise or defend legal claims.

Right to information

Where users have asserted the right to rectification, erasure or limitation of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom personal data relating to users have been disclosed of such rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

Users have the right to be informed of these recipients by the controller.

Right to data portability

Users have the right to receive the personal data concerning them that they have provided to the data controller in a structured, common and machine-readable format. Users also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that

(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) the processing is carried out by means of automated procedures.

In exercising this right, users also have the right to obtain that personal data concerning them be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability 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.

Right of objection

Users have the right to object at any time, for reasons arising from their particular situation, to the processing of personal data concerning them, which is carried out on the basis of Article 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions.

The controller shall no longer process personal data relating to users unless he can demonstrate compelling legitimate reasons for processing which outweigh their interests, rights and freedoms, or unless the processing is for the purpose of asserting, exercising or defending legal claims.

Where personal data relating to users are processed for the purpose of direct marketing, users shall have the right to object at any time to the processing of personal data relating to them for the purpose of such marketing, including profiling, insofar as it is related to such direct marketing.

If users object to processing for the purposes of direct marketing, the personal data concerned shall no longer be processed for those purposes.

Users have the possibility to exercise their right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.

Right of withdrawal of the data protection consent

Users have the right to revoke their declaration of consent under data protection law at any time. Revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until revocation.

Automated decision in individual cases including profiling

Users have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect vis-à-vis them or significantly affects them in a similar way. This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between them and the person responsible

(2) is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard his rights and freedoms and legitimate interests; or

(3) with their express consent.

However, such decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DPA, unless Art. 9 para. 2 lit. a or g DPA applies and appropriate measures have been taken to protect the rights and freedoms and their legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to protect the rights and freedoms and their legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to contest the decision.

Right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, users have the right to complain to a supervisory authority, in particular in the Member State in which they are resident, their place of work or the place of the alleged infringement, if they consider that the processing of personal data relating to them infringes the DPA.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 DPA.