Legal Matters

Data Protection - Rights of Data Subject

  1. Right of confirmation

    Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to make use of this right of confirmation, they may, at any time, contact any employee of the controller.
  2. Right of access

    Each data subject shall have the right granted by the European legislator to obtain from the controller free information about their stored personal data and a copy of this information, at any time. Furthermore, the European directives and regulations grant the data subject access to the following information:

    • the purposes of the processing
    • the categories of personal data concerned
    • the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations
    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
    • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
    • the existence of the right to lodge a complaint with a supervisory authority
    • where the personal data is not collected from the data subject: any available information as to its source
    • the existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
    Furthermore, the data subject shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

    If a data subject wishes to make use of this right of access, they may, at any time, contact any employee of the controller.
  3. Right to rectification

    Each data subject shall have the right granted by the European legislator to obtain from the controller the rectification of inaccurate personal data concerning them without undue delay. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

    If a data subject wishes to exercise this right to rectification, they may, at any time, contact any employee of the controller.
  4. Right to erasure (Right to be forgotten)

    Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as processing is not necessary:

    • The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent on which the processing is based according to Art. 6 (1) lit. a GDPR, or Art. 9 (2) lit. a GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
    • The personal data has been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • The personal data has been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
    If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by Dlubal Software GmbH, they may, at any time, contact any employee of the controller. An employee of Dlubal Software GmbH shall promptly ensure that the erasure request is complied with immediately.

    Where the controller has made personal data public and is obliged pursuant to Art. 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, this personal data, as far as processing is not required. An employee of Dlubal Software GmbH will arrange the necessary measures in individual cases.
  5. Right of restriction of processing

    Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for such a period that enables the controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
    • The controller no longer needs the personal data for the purposes of processing, but it is required by the data subject for the establishment, exercise, or defense of legal claims.
    • The data subject has objected to processing pursuant to Art. 21 (1) GDPR, pending the verification whether the legitimate grounds of the controller override those of the data subject.
    If one of the aforementioned conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by Dlubal Software GmbH, they may, at any time, contact any employee of the controller. The employee of Dlubal Software GmbH will arrange the restriction of processing.
  6. Right to data portability

    Each data subject shall have the right granted by the European legislator to receive the personal data concerning them, which was provided to a controller, in a structured, commonly used, and machine-readable format. They shall have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, as long as the processing is based on consent pursuant to Art. 6 (1) lit. a GDPR, or Art. 9 (2) lit. a GDPR, or on a contract pursuant to Art. 6 (1) lit. b GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

    Furthermore, in exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    In order to assert the right to data portability, the data subject may at any time contact any employee of Dlubal Software GmbH.
  7. Right to object

    Each data subject shall have the right granted by the European legislator to object, at any time, on grounds relating to their particular situation, to processing of personal data based on Art. 6 (1) lit. e/f GDPR, if the data concerns them. This also applies to profiling based on these provisions.

    Dlubal Software GmbH shall no longer process the personal data in the event of objection, unless we can demonstrate compelling legitimate grounds for processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.

    If Dlubal Software GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Dlubal Software GmbH to the processing for direct marketing purposes, Dlubal Software GmbH will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by Dlubal Software GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 (1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

    In order to exercise the right to object, the data subject may contact any employee of Dlubal Software GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.
  8. Automated individual decision-making, including profiling

    Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or which affects them similarly significantly, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, Dlubal Software GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and contest the decision.

    If the data subject wishes to exercise the rights concerning automated individual decision-making, they may, at any time, contact any employee of Dlubal Software GmbH.

  9. Right to withdraw data protection consent

    Each data subject shall have the right granted by the European legislator to withdraw their consent to processing of their personal data at any time.

    If the data subject wishes to exercise the right to withdraw the consent, they may, at any time, contact any employee of Dlubal Software GmbH.

Contacto

Contacto da Dlubal

Se tiver alguma questão sobre a política de privacidade e o processamento dos seus dados pessoais, pode entrar em contacto com o nosso responsável de dados internos ou escrever um e-mail para o endereço data-protection@dlubal.com.

O nosso responsável pela proteção de dados estará também ao seu dispor para obter informações, fazer sugestões ou reclamações.

+49 9673 9203 0

(falamos português)

info@dlubal.com