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Data Protection Declaration

Data Protection Declaration of DLG e.V. and DLG Service GmbH

Data protection and data security for our contractual partners/members and for consumers are a high priority for DLG e.V. and DLG Service GmbH. Therefore, the protection of your personal data is very important to us and a special concern.

We collect, store and use your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR). In this statement, we would like to inform you about what types of data we process and for what purposes, and what rights you have.

DLG e.V. and DLG Service GmbH work closely together on this. The two companies have decided to jointly process your data. They are therefore jointly responsible for the protection of your personal data for all work processes described below.

Table of contents

I. Name and address of the responsible entities
II. Contact details of the data protection officer
III. Provision of the website and creation of the log files
IV. Use of cookies
V. E-mail contact
VI. Company websites
VII. Use of company websites in job-oriented networks
VIII. Hosting
IX. Plugins used
X. Newsletter
XI. Rights of the data subject

I. Jointly responsible entities within the meaning of Art. 26 GDPR:

DLG e.V.
Eschborner Landstr. 122
60489 Frankfurt am Main

DLG Service GmbH

Eschborner Landstr. 122
60489 Frankfurt am Main

Chief Executive Officer: Dr. Lothar Hövelmann / Authorized Representative Managing Directors: Tobias Eichberg, Jens Kremer
DLG e.V.: Register of Associations Frankfurt/Main - Register No.: 5030, VAT-ID No.: DE114234905
DLG Service GmbH: HRB 90872, VAT-ID No.: DE277385289

The contractors have divided the tasks among themselves as follows:

DLG e.V

  • Information of the data subjects about the essential contents of the agreement between DLG e.V. and DLG Service GmbH (Art. 26 Para. 2 P. 2 GDPR)
  • Responding to requests and safeguarding data subject rights (Art. 15 et seq. GDPR)
  • Contact/notifications to the supervisory authorities
  • Deletion of data and their transfer according to Art. 20 GDPR
  • CRM system management (administrative tasks)
  • Ensuring data protection through technology (Privacy by Design, Privacy by Default)
  • Use of subcontractors for the operation of the CRM

DLG Service GmbH

  • Support of DLG e.V. in informing the data subjects about the essential contents of the agreement between DLG e.V. and DLG Service GmbH (Art. 26 Para. 2 S. 2 GDPR)
  • Support of DLG e.V. in responding to requests and safeguarding the rights of data subjects (Art. 15 et seq. GDPR)
  • Support of DLG e.V. in contacting/notifying the supervisory authorities
  • Deletion of data and their transfer according to Art. 20 GDPR

  

  

In addition, each contracting party shall ensure that the data processing it carries out is permissible under data protection law in accordance with Art. 6 Para. 1 GDPR and that it complies with the information obligations in accordance with Art. 13 and 14 GDPR.

Data subjects can assert their data protection rights both with DLG e.V. and DLG Service GmbH.

II. Contact details of the data protection officer

Contact details of the data protection officer of DLG e.V.

DLG e.V.
Stephan Kisters
Datenschutz@DLG.org

Contact details of the data protection officer of DLG Service GmbH

DataCo GmbH
Laurin Maran
kontakt@consulting.dataguard.de

We reserve the right to make changes to this Data Protection Declaration at any time. The Data Protection Declaration is updated regularly and any changes are automatically posted on our website.

III. Provision of the website and creation of the log files

1. Description and scope of the data processing

Each time you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data is thereby collected:

  • Information about the browser type and version used
  • The operating system of the user
  • The Internet service provider of the user
  • Date and time of access
  • Websites from which the user's system accesses our website
  • Web pages that are called up by the user's system via our website
  • Search words through which you found our site

This data is stored in the log files of our system.

2. Purpose of the data processing

The primary processing of personal data takes place to establish a connection between your terminal device and our website. The storage in log files is done to ensure the functionality of the website. In addition, we use the data 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 are also our legitimate interest in data processing according to Art. 6 Para. 1 P. 1 lit. f GDPR.

3. Legal basis for the data processing

The legal basis for the temporary storage of the data is Art. 6 Para. 1 P. 1 lit. f GDPR.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

5. Option 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. Consequently, there is no possibility for the user to object.

IV. Use of cookies

1. Description and scope of the 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. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

We also use cookies on our website that enable an analysis of the user's surfing behaviour.

In this way, the frequency of page views and movement on our website can be tracked. You can find more information about this within the "Plugins” section.

2. Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

The use of analytics cookies is for marketing and statistical purposes. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer. Accordingly, the quality of our website and its content should be improved.

3. Legal basis for the data processing

The legal basis for the processing of personal data using technically unnecessary cookies is Art. 6 Para. 1 P. 1 lit. a GDPR.

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 P. 1 lit. f GDPR.

4. Duration of storage, possibility of objection and elimination

Cookies are stored on the user's computer and transmitted from it to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transfer of cookies. Cookies that have already been saved can be deleted at any time. This can also be automated. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

If you use a Safari browser version 12.1 or higher, cookies are automatically deleted after seven days. This also applies to opt-out cookies, which are set to prevent tracking measures.

V. E-mail & Phone Contact | Contact Form

1. Description and scope of the data processing

On our website it is possible to contact us via provided e-mail addresses and telephone numbers or the contact form. In this case, the transmitted personal data of the user will be stored. The data will be used exclusively for the processing of the conversation.

As a rule, the following personal data are processed in this context:

  • name;
  • First name
  • Acad. degree
  • Time and day of contact
  • Reason for contact and other content data
  • E-mail address
  • Phone number (with extension)
  • Company and legal form
  • Industry
  • Data to specify the industry and activity (e.g. Agric. farm, livestock, policy, function in the company, etc.)

2. Purpose of the data processing

In the case of contact by e-mail or telephone, this also constitutes the necessary legitimate interest in processing the data.

3. Legal basis for the data processing

The legal basis for the processing of the data is Art. 6 Para. 1 lit. a GDPR 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 GDPR.

If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 Para. 1 lit. b GDPR.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

5. Option 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. To do so, please feel free to send us a written request to object to the storage to the contact information provided above. All personal data stored in the course of contacting us will be deleted in this case.

VI. Company websites

The responsible entitie’s company websites in social networks. Thus, among other things on

  • Instagram: Instagram, Part of Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Ireland.
  • Facebook (Meta): Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Dock, Dublin, D02 X525, Irland.
  • Twitter: Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA
  • YouTube: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Irland

On our company website we provide information and offer users the possibility of communication. If you carry out an action on our company website (e.g. comments, posts, likes, etc.), it is possible that you provide personal data (e.g. clear name or photo of your user profile) to the public. However, since we generally or to a large extent have no influence on the processing of your personal data by the companies co-responsible for the company website, we cannot provide any binding information on the purpose and scope of the processing of your data.

Our company website in social networks is used for communication, information exchange and our corporate presentation with (potential) customers, interested parties and applicants. In this context, publications about the company website may include the following content:

  • Information about services
  • Contact details
  • News

Every user is thereby free to publish personal data through activities. Further information on data processing can be found in the specific Data Protection Declaration of the respective company website.

The legal basis for the data processing is Art. 6 Para. 1 P. 1 lit. a GDPR.

You can object at any time to the processing of your personal data collected in the course of your use of our company websites and assert your above-mentioned data subject rights. Send us an informal e-mail for this purpose.

For the processing of your personal data by Instagram, Facebook, Twitter and YouTube and the corresponding objection options, you can find more information here:

VII. Use of company websites in job-oriented networks

1. Scope of data processing

We use the possibility of company websites on professionally oriented networks. We maintain a company website on the following professional networks:

  • XING, of XING SE, Dammtorstraße 30, 20354 Hamburg, Germany
  • LinkedIn: LinkedIn, Unlimited Company Wilton Place, Dublin 2, Ireland

On our site we provide information and offer users the opportunity to communicate. The company website is used for job applications, information/PR and active sourcing.

We do not have any information on the processing of your personal data by the companies jointly responsible for the company website. For more information, please see the Data Protection Declaration of

If you carry out an action on our company website (e.g. comments, posts, likes, etc.), it is possible that you provide personal data (e.g. clear name or photo of your user profile) to the public.

2. Purpose of the data processing

Our company website serves to inform users about our services. In doing so, every user is free to publish personal data through activities.

3. Legal basis for the data processing

The legal basis for the processing of your data in connection with the use of our company website is Art.6 Para. 1 P. 1 lit. f GDPR.

4. Duration of storage

We store your activities and personal data published via our company website until you revoke your consent. In addition, we comply with the statutory retention periods.

5. Option of objection and removal

You can object at any time to the processing of your personal data that we collect in the course of your use of our company website and assert your data subject rights as set out under XII. of this Data Protection Declaration. To do so, send us an informal e-mail to the e-mail address stated in this Data Protection Declaration.

VIII. Hosting

The website is hosted on servers of a service provider contracted by us.

Our service provider is
medianet elektronische Kommunikation & Marketing GmbH
Humboldtstraße 65
60318 Frankfurt am Main
Tel. +49 69 – 2740160

The location of the website's server is geographically in Germany. The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website.

The information stored is:

  • Browser type and version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Date and time of the server request
  • IP address

The collection of this data is based on Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website - for this purpose, the server log files must be recorded.

IX. Plugins used

We use plugins for various purposes. The plugins used are listed below:

Use of Facebook Pixel

1. Scope of the personal data processing

We use the Facebook pixel of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA and its representative in the Union Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal H, D2 Dublin, Ireland (hereinafter: Facebook) on our website. With its help, we can track the actions of users after they have seen or clicked on a Facebook ad. Personal data may be stored and analysed, in particular the activity of the user (especially which pages have been visited and which elements have been clicked on), device and browser information (especially the IP address and the operating system), data about the displayed advertisements (especially which advertisements have been displayed and whether the user has clicked on them) and also data from advertising partners (especially pseudonymized user IDs). This allows us to track the effectiveness of Facebook ads for statistical and market research purposes.

In the process, data may be transmitted to Facebook servers in the USA.

The data collected in this way is anonymous for us, which means that we do not see the personal data of individual users. However, this data is stored and processed by Facebook. Facebook may associate this data with their Facebook account and also use it for their own advertising purposes, according to Facebook's Data Use Policy.

For more information on the processing of data by Facebook, click here: https://de-de.facebook.com/policy.php

2. Purpose of the data processing

The use of the Facebook pixel serves the analysis and optimization of advertising measures.

3. Legal basis for the processing of personal data

The legal basis for the processing of the personal data of the users is basically the consent of the user according to Art. 6 Para. 1 p. 1 lit. a GDPR. In order to ensure appropriate safeguards for the protection of the transfer and processing of personal data outside the EU, the transfer of data to and processing of data by Instagram is carried out on the basis of appropriate safeguards pursuant to Art. 46 et seq. of the GDPR, in particular by concluding so-called standard data protection clauses pursuant to Art. 46 Para. 2 lit. c GDPR.

4. Duration of storage

Your personal information will be retained for as long as necessary to fulfil the purposes described in this Data Protection Declaration or as required by law, such as for tax and accounting purposes.

5. Option of revocation and removal

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.

You can prevent the collection as well as the processing of your personal data by Facebook by preventing third-party cookies from being stored on your computer, using the "Do Not Track" function of a supporting browser, disabling the execution of script code in your browser or installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.

You can find more information on objection and removal options towards Facebook at: https://de-de.facebook.com/policy.php

6. Danger notice

Your personal data will also be transferred to the USA. For the USA, there is no adequacy decision pursuant to Article 45 Para. 3 of the GDPR. Furthermore, there are no appropriate safeguards according to Art. 46 GDPR. We would like to point out that a data transfer without the existence of an adequacy decision and without appropriate safeguards involves certain risks, about which we may inform you below:

U.S. intelligence agencies use certain online identifiers (such as IP address or unique identification numbers) as a starting point for the monitoring of individuals. In particular, it cannot be ruled out that these news services have already collected information about you, with the help of which the data transmitted here can be traced back to you.

Providers of electronic communications services headquartered in the United States are subject to monitoring by U.S. intelligence agencies pursuant to 50 U.S. Code § 1881a ("FISA 702"). Accordingly, providers of electronic communications services headquartered in the U.S. have an obligation to provide personal information to U.S. authorities under 50 U.S. Code § 1881a. Even an encryption of data at the electronic communications service provider's data centres may not provide adequate protection because, with respect to imported data in its possession or custody or under its control, an electronic communications service provider has a direct obligation to provide access to or surrender such data. This obligation may explicitly extend to the cryptographic keys without which the data cannot be read.

The fact that this is not merely a "theoretical risk" is demonstrated by the ECJ's judgment of July 16, 2020, C‑311/18.

Use of Google (Universal) Analytics

1. Scope of the personal data processing

We use Google Analytics, a web analytics service provided by Google Ireland Ltd, Gordon House, Barrow Street, D04 E5W5, Dublin, Ireland (hereinafter: Google).

Google Analytics examines, among other things, the origin of visitors, the time they spend on individual pages, and the use of search engines, thus allowing better monitoring of the success of advertising campaigns. Google thereby places a cookie on your computer. Personal data can thereby be stored and evaluated, including the

  • User activity (in particular, which pages have been visited and which elements have been clicked on),
  • Device and browser information (in particular, the IP address and operating system),
  • Data about the displayed advertisements (in particular, which advertisements were displayed and whether the user clicked on them) and
  • Data from advertising partners (in particular pseudonymized user IDs).

We have activated IP anonymization on this online presence. This prevents the personal reference of the information generated by the cookie about your use of this online presence from being transmitted to Google servers in the USA and stored there.

On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the operator of the website. The IP address transmitted by your browser as part of Google Analytics is not merged with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our website.

You can obtain further information on the processing of data by Google here: https://policies.google.com/privacy?gl=DE&hl=de

2. Purpose of the data processing

The use of Google Analytics (Universal Analytics) serves us to evaluate the use of our online presence as well as the targeted playout of advertising, to the people who have already expressed an initial interest through their page visit.

3. Legal basis for the processing of personal data

The legal basis for the processing of the personal data of the users is basically the consent of the user according to Art. 6 Para. 1 p. 1 lit. a GDPR.

The legal basis for the transfer of your personal data to the United States of America is Art. 49 Para. 1 P. 1 lit. a GDPR.

If you consent to the use of Google Analytics, it cannot be ruled out that your personal data will not remain within the EU or the EEA. In this respect, your personal data may be processed on servers in the United States of America, whose level of data protection has been recognized by the European Union as not being an adequate level of data protection. In order to ensure appropriate guarantees for the protection of the transmission and processing of your personal data, which may be processed on servers in the United States of America and may thus be queried by US security authorities, the data transmission to Google is carried out on the basis of appropriate guarantees pursuant to Art. 46 et seq. of the German Data Protection Regulation (GDPR), in particular by concluding so-called standard data protection clauses pursuant to Art. 46 Para. 2 lit. c GDPR. A copy of the appropriate warranties may be obtained by sending an informal request to the contact information above.

Due to the transfer and processing of your personal data in the U.S., there is a possibility that U.S. authorities, intelligence agencies or the government gain complete access to the transferred data. The scope, purpose and duration of this processing by the aforementioned entities are then beyond your control. It is very likely that your rights under the GDPR will no longer be protected or that you will not be able to assert them.

4. Duration of storage

Your personal information will be stored as necessary to fulfil the purposes described in this Data Protection Declaration or as required by law. Advertising data in server logs is anonymized by Google stating that it deletes parts of the IP address and cookie information after 9 and 18 months, respectively.

5. Option of revocation and removal

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.

You can prevent the collection as well as the processing of your personal data by Google by preventing third-party cookies from being stored on your computer, by using the "Do Not Track" function of a supporting browser, by disabling the execution of script code in your browser or by installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.

You can also prevent recording of you data generated by the cookie that tracks your use of the website (incl. your IP address) and forwarding it to Google and the processing of these data by Google by downloading and installing the available browser plugin from this web link: https://tools.google.com/dlpage/gaoptout?hl=de

With the following link you can deactivate the use of your personal data by Google: https://adssettings.google.de

For more information on opt-out and removal options against Google, please visit: https://policies.google.com/privacy?gl=DE&hl=de

6. Danger notice

Your personal data will also be transferred to the USA. For the USA, there is no adequacy decision pursuant to Article 45 Para. 3 of the GDPR. Furthermore, there are no appropriate safeguards according to Art. 46 GDPR. We would like to point out that data transfer without an adequacy decision and without appropriate safeguards entails certain risks, which we would like to inform you about below:

U.S. intelligence agencies use certain online identifiers (such as IP address or unique identification numbers) as a starting point for the monitoring of individuals. In particular, it cannot be ruled out that these news services have already collected information about you, with the help of which the data transmitted here can be traced back to you.

Providers of electronic communications services headquartered in the United States are subject to monitoring by U.S. intelligence agencies pursuant to 50 U.S. Code § 1881a ("FISA 702"). Accordingly, providers of electronic communications services headquartered in the U.S. have an obligation to provide personal information to U.S. authorities under 50 U.S. Code § 1881a. Even an encryption of data at the electronic communications service provider's data centres may not provide adequate protection because, with respect to imported data in its possession or custody or under its control, an electronic communications service provider has a direct obligation to provide access to or surrender such data. This obligation may explicitly extend to the cryptographic keys without which the data cannot be read.

The fact that this is not merely a "theoretical risk" is demonstrated by the ECJ's judgment of July 16, 2020, C‑311/18.

Use of Datawrapper

1. Scope of the personal data processing

We use Datawrapper (Datawrapper GmbH, Raumerstraße 39, 10437 Berlin) to create interactive charts from statistics. We do not record any personal data and do not perform any tracking. For embedding and display, the transmission of the IP address to a CDN (which is not stored, but only used for the provision of the service), as well as a cookie set by the CDN are necessary.

2. Purpose of the data processing

The transmission of the IP address and the setting of the cookie is intended to significantly improve the response speed and user experience of the website.

3. Legal basis for the processing of personal data

The legal basis for the processing of your data in connection with the use of Datawrapper is a legitimate economic interest pursuant to Art.6 Para. 1 P. 1 lit. f GDPR.

4. Duration of storage

The data is only required for the technical implementation of the embedding and is deleted from all systems after a maximum of 24 hours.

5. Option of revocation and removal

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.

For more information about Datawrapper's privacy policy, click here: https://www.datawrapper.de/privacy

X. Newsletter

1. Description and scope of the data processing

On our website there is the possibility to subscribe to a free newsletter. When you register for the newsletter, your company name, your first and last name, your company or private address and your e-mail address from the input mask are transmitted to us.

There is a transfer of data to the service provider in connection with the data processing for the dispatch of newsletters:

Inxmail GmbH
Wentzingerstr. 17
79106 Freiburg/GERMANY

Sales and support via:

crm consults GmbH
Felsweg 14
35435 Wettenberg

2. Purpose of the data processing

The collection of the user's e-mail address is used to deliver the newsletter.

3. Legal basis for the data processing

The legal basis for the processing of data after registration for the newsletter by the user is, if the user has given his consent, Art. 6 Para. 1 P. 1 lit. a GDPR.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Accordingly, the user's e-mail address will be stored as long as the subscription to the newsletter is active.

5. Option of revocation 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 each newsletter.

XI.  Rights of the data subjects

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights towards the responsible entity:

1. Right to information

You may request confirmation from the responsible entity as to whether personal data concerning you are being processed by him. If there is such processing, you may request information from the responsible entity about the following:

  • the purposes for which the personal data is processed;
  • the categories of personal data which is processed;
  • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;
  • the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the responsible entity or a right to object to such processing;
  • the existence of a right of appeal to a supervisory authority;
  • any available information on the origin of the data, if the personal data are not collected from the data subject;
  • the existence of automated decision-making, including profiling, pursuant to Article 22 Para. 1 and 4 of the GDPR and, at least in these cases, with meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to a rectification and/or completion towards the responsible entity, insofar as the personal data processed concerning you is inaccurate or incomplete. The responsible entity shall make the correction without undue delay.

3. Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

  • if you contest the accuracy of the personal data concerning you for a period enabling the responsible entity to verify the accuracy of the personal data;
  • the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
  • the responsible entity no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defence of legal claims, or
  • if you have objected to the processing pursuant to Art. 21 Para. 1 GDPR and it is not yet clear whether the legitimate grounds of the responsible entity outweigh your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of its storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the responsible entity before the restriction is lifted.

4. Right to deletion

a) Obligation to delete

You may request the responsible entity to delete the personal data concerning you without undue delay, and the responsible entity is obliged to delete such data without undue delay, if one of the following reasons applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You revoke your consent on which the processing was based pursuant to Art. 6 Para. 1 P. 1 lit. a or Art. 9 Para. 2 lit. a GDPR and there is no other legal basis for the processing.
  • You object to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Para. 2 GDPR.
  • The personal data concerning you has been processed unlawfully.
  • The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the responsible entity is subject.
  • The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 Para. 1 GDPR.

b) Information to third parties

If the responsible entity has made the personal data concerning you public and is obliged to erase it pursuant to Article 17 Para. 1 of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data responsible entities which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary to

  • to exercise the right to freedom of expression and information.
  • for compliance with a legal obligation which requires processing under Union or Member State law to which the responsible entity is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the responsible entity;
  • for reasons of public interest in the area of public health pursuant to Art. 9 Para. 2 lit. h and i and Art. 9 Para. 3 GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89 Para. 1 of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
  • for the assertion, exercise or defence of legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the responsible entity, the responsible entity is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients by the responsible entity.

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the responsible entity in a structured, common and machine-readable format. You also have the right to transmit this data to another responsible entity without hindrance from the responsible entity to whom the personal data was provided, provided that

  • the processing is based on consent pursuant to Art. 6 Para. 1 P. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract pursuant to Art. 6 Para. 1 P. 1 lit. b GDPR and
  • the processing is carried out with the help of automated procedures.
  • In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one responsible entity to another responsible entity, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the responsible entity.

7. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 Para. 1 P. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The responsible entity shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

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

You have the possibility, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you.

This does not apply if the decision

  • is necessary for the conclusion or fulfilment of a contract between you and the responsible entity,
  • is permitted by legislation of the Union or the Member States to which the responsible entity is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  • is made with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9 Para. 1 of the GDPR, unless Article 9 Para. 2 lit. a or b of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in 1. and 3. above, the responsible entity shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the responsible entity, to express his or her point of view and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to file a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

The supervisory authority responsible for the responsible entity is

Hessian Commissioner for Data Protection and Freedom of Information
Gustav-Stresemann-Ring 1
65189 Wiesbaden
Tel.: +49 611-1408 0
Email: poststelle@datenschutz.hessen.de