Privacy policy

1. name and contact details of the controller

This data protection information applies to data processing by:

Responsible person:

BAYOOTEC GmbH
Europaplatz 5
64293 Darmstadt
Tel: 06151 / 8618-0
Fax: 06151 / 8618-150
E-Mail: [email protected]
Homepage: https://www.bayootec.com/

2. name and address of the data protection officer

There is currently no obligation for the controller to appoint a data protection officer. Any data subject can contact our controller/person etc. directly at any time with any questions or suggestions regarding data protection using the contact details provided above.

3. definitions

The data protection notice of BAYOOTEC GmbH is based on the defined terms of the General Data Protection Regulation (DSGVO). To ensure simplicity and understanding of our data protection principles, we have explained all terms below.

3.1 Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one 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.

3.2 Person concerned

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

3.3 Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

3.4 Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

3.5 Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

3.6 Pseudonymization

Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

3.7 Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

3.8 Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

3.9 Receiver

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

3.10 Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

3.11 Consent

Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

4. general information on data processing

Data protection, data security and confidentiality are very important to BAYOOTEC GmbH. The permanent protection of your personal data, your company data and your business secrets is of particular concern to us.

However, if you use the sevices of BAYOOTEC GmbH via our website, it is necessary to provide your personal data. We use the data you provide and collect on the website and the data stored during use exclusively for our own purpose, namely to implement and provide our website and to initiate, implement and process the legal services offered via the website (contract fulfilment) and do not pass them on to external third parties unless there is an official obligation to do so. In all other cases, we will obtain your express consent.

Your personal data is processed in accordance with the requirements of the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to BAYOOTEC GmbH. By means of this data protection notice, we would like to inform you about hte type, scope and purpose of the personal data we process. In addition, we will use this data protection notice to inform you of the rights to which you are entitled.

BAYOOTEC GmbH has implemented technical and organizational measures to ensure adequate protection of the personal data processed via this website. Nevertheless, internet-based data transmissions can have security gaps, so that absolute protection cannot be guaranteed.

5. legal bases, purposes of processing, duration of storage

5.1 General information on the legal basis

Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.

Article 6 (1) (b) GDPR serves as the legal basis for the processing of personal data required to fulfill a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 (1) (c) GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our law firm or a third party and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first interest, Article 6 Paragraph 1 Letter f GDPR serves as the legal basis for the processing.

5.2 General information on data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

6. collection of general data and information

a) When visiting the website

When you visit our website https://www.bayootec.com, the browser used on your device automatically sends information to our website server. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stord until it is automatically deleted:

  • IP address of the requesting computer,
  • Date and time of access,
  • Name and URL of the retrieved file,
  • Website from which access is made (referrer URL),
  • the browser used and, if applicable, the operating system of your computer and the name of your access provider.

We process the aforementioned data for the following purposes:

  • Ensuring a smooth connection to the website,
  • To ensure a comfortable use of our website,
  • Evaluation of system security and stability and
  • for other administrative purposes.

The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest follows from the data collection purposes listed above. Under no circumstances do we use the data collected for the purpose of drawing conclusions about your person.
We also use cookies and analysis services when you visit our website. You will find more detailed explanations under the points. 4 and 5 of this privacy policy.

b) When using our contact form

For questions of any kind, we offer you the opportunity to contact us via a form provided on the website. It is necessary to provide a valid e-mail address so that we know who sent the request and can answer it. Further information can be provided voluntarily. Data processing for the purpose of contacting us is carried out in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR on the basis of your voluntarily given consent. The personal data collected by us for the use of the contact form will be automatically deleted after your inquiry has been dealt with.

7. disclosure of data

Your personal data will not be transferred to third parties for purposes other than those listed below. We only pass on your personal data to third parties if:

  • you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
  • the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
  • in the event that there is a legal obligation for disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, and
  • this is legally permissible and necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.

8. cookies

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not cause any damage to your end device and do not contain any viruses, Trojans or other malware.
Information is stored in the cookie that results in each case in connection with the specific end device used.
However, this does not mean that we obtain direct knowledge of your identity.
The use of cookies serves on the one hand to make the use of our website more pleasant for you. We use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.
In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your device for a specified period of time. If you visit our site again to use our services, it will automatically recognize that you have already visited us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see section 5). These cookies enable us to automatically recognize that you have already visited our site when you return. These cookies are automatically deleted after a defined period of time.
The data processed by cookies are necessary for the purposes mentioned to safeguard our legitimate interests and those of third parties in accordance with Art. 6 para. 1 lit. a GDPR. 1 p. 1 lit. f GDPR is required. Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is created. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.

8.1. Objecting to the setting of cookies

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the data subject’s IT system. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs

9. analysis tools

9.1 Tracking tools

The tracking measures listed below and used by us are carried out on the basis of Article 6 (1) sentence 1 lit. f GDPR. With the tracking measures used, we want to ensure a needs-based design and the continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.

The respective data processing purposes and data categories can be found in the corresponding tracking tools.

9.2. Google Analytics Version 4

  • Browser type/version,
  • operating system used,
  • Referrer URL (the previously visited page),
  • Host name of the accessing computer (IP address),
  • Time of the server request,

are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and the needs-based design of these websites. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).

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 this website.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this link. An opt-out cookie will be set to prevent future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help(https://support.google.com/analytics/answer/6004245?hl=de).

The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

9.3. Objection via browser add-on

Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information on website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject’s IT system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person who is attributable to their sphere of control, it is possible to reinstall or reactivate the browser add-on. If the use of Google Analytics is objected to, it is possible that some functions of the website may no longer be used to their full extent.

9.4. Additional information

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/ and under http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://marketingplatform.google.com/intl/de/about/analytics/.

9.5. Order Processing

The purpose of the Google Analytics component is to analyze visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.

Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is able to analyze the use of our website. Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission statements.

The cookie is used to store personal information, such as access time, the location from which access was made and the frequency of visits to our website by the person concerned. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

We have concluded an order processing contract with Google in this regard and observe the legal requirements of the GDPR and the requirements of the German data protection authorities regarding the use of Google Analytics.

10. google adwords conversion

We also use Google Conversion Tracking to statistically record the use of our website and to evaluate it for you in order to optimize our website. Google Adwords places a cookie (see section 4) on your computer if you have reached our website via a Google ad.

These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page. Each Adwords customer receives a different cookie.

This means that cookies cannot be tracked via the websites of Adwords customers. The information obtained using the conversion cookie is used to create conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers are informed of the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified. If you do not want to participate in the tracking process, you can also refuse the setting of a cookie required for this – for example via a browser setting that generally deactivates the automatic setting of cookies.

You can also deactivate cookies for conversion tracking by setting your browser so that cookies from the “www.googleadservices.com” domain are blocked. You can find Google’s privacy policy on conversion tracking here (https://services.google.com/sitestats/de.html).

11 Matomo

We use the open source software Matomo to analyze and statisically evaluate the use of the website. Cookies are used for this (see section 4). The information generated by the cookie about website usage is transmitted to our server and summarized in pseudonymous usage profiles. The information is used to evaluate the use of the website and to enable a needs-based design of our website.

The information will not be passed on to third parties. Under no circumstances will the IP address be linked to other data relating to the user. The IP addresses are anonymized so that an assignment is not possible (IP masking).

Your visit to this website is currently being recorded by the Matomo web analysis. Click here (https://matomo.org/docs/privacy/) to stop recording your visit.

12. facebook

Social media plugins from Facebook are used on our website to make their use more personal. For this we use the “LIKE” or “SHARE” button. This is an offer from Facebook.

If you access a page on our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser, which integrates it into the website.

By integrating the plugin, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there.

If you are logged into Facebook, Facebook can directly assign your visit to our website to your Facebook account. If you interact with the plugins, for example by pressing the “LIKE” or “SHARE” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.

Facebook can use this information for advertising, market research and needs-based design of the Facebook pages. For this purpose, usage, interest and relationship profiles are created by Facebook, e.g. B. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services related to the use of Facebook.

If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights in this regard and setting options to protect your privacy.

Please refer to Facebook’s privacy policy (https://www.facebook.com/about/privacy/) for information on your privacy.

13. Twitter

Plugins of the short message network of X Corp. (Twitter) are integrated on our website. You can recognize the Twitter plugins (tweet button) by the Twitter logo on our site. You can find an overview of tweet buttons here (https://about.twitter.com/resources/buttons).

If you access a page on our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter receives the information that you have visited our site with your IP address. If you click on the Twitter “tweet button” while you are logged into your Twitter account, you can link the content of our pages to your Twitter profile. This allows Twitter to associate your visit to our site with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the data transmitted or how it is used by Twitter.

If you do not want Twitter to be able to assign your visit to our pages, please log out of your Twitter user account.

Further information on this can be found in Twitter’s privacy policy (https://twitter.com/privacy).

14. instagram

Our website also uses so-called social plugins (“plugins”) from Instagram, which is operated by Meta Platforms Inc, Menlo Park, CA 94025, USA (“Instagram”).

The plugins are marked with an Instagram logo, for example in the form of an “Instagram camera”.

If you access a page on our website that contains such a plugin, your browser establishes a direct connection to the Instagram servers. The content of the plugin is transmitted directly from Instagram to your browser and integrated into the page. Through this integration, Instagram receives the information that your browser has accessed the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged in to Instagram.

This information (including your IP address) is transmitted directly from your browser to an Instagram server in the USA and stored there. If you are logged in to Instagram, Instagram can immediately assign your visit to our website to your Instagram account. When you interact with the plugins, for example the “Instagram” button press, this information is also transmitted directly to an Instagram server and stored there.

The information will also be published on your Instagram account and displayed there to your contacts.

If you do not want Instagram to assign the data collected via our website directly to your Instagram account, you must log out of Instagram before visiting our website.

For more information, see Instagram’s privacy policy (https://help.instagram.com/155833707900388).

15 Google reCAPTCHA

To ensure the security of our website and protect it from misuse, we use the Google reCAPTCHA service, which is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).
With reCAPTCHA, we can check whether the entries on our website (e.g. in contact forms) are made by a human or by an automated program.

Functionality and data collection
reCAPTCHA analyzes the behavior of website visitors based on various characteristics.
This analysis starts automatically as soon as the website is accessed.
For the analysis, reCAPTCHA evaluates various information (e.g. IP address
IP address, length of stay of the website visitor on the website or mouse movements made by the user).
The data collected during the analysis is forwarded to Google. The reCAPTCHA analyses run completely in the background.
Website visitors are not informed that an analysis is taking place.

Legal basis and purpose of data processing
Data processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its website from abusive automated spying and SPAM.

Further information
For more information about Google reCAPTCHA and Google’s privacy policy, please see the following links:
Google Privacy Policy
Google reCAPTCHA information

16. your rights

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

16.1 Right to information

You can request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing has taken place, you can request the following information from the controller:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data that are processed;
  3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  4. the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage;
  5. the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. all available information on the origin of the data if the personal data is not collected from the data subject;
  8. 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 the envisaged consequences of such processing for the data subject.

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

16.2 Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the correction without delay.

16.3 Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

  1. if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
  4. if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If processing is restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.

16.4 Right to erasure

16.4.1 Obligation to delete

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
  3. You create acc. Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 6(1) GDPR. Art. 21 para. 2 GDPR to object to the processing.
  4. The personal data concerning you has been processed unlawfully.
  5. The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
  6. The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

16.4.2 Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) GDPR, it shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

16.4.3 Exceptions

The right to erasure does not exist if the processing is necessary

  1. to exercise the right to freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
  5. for the assertion, exercise or defense of legal claims.

16.5 Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller 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 controller.

16.6 Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where

  1. the processing is based on consent pursuant to Art. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. Art. 6 para. 1 lit. b GDPR is based and
  2. the processing is carried out using automated procedures.

In excercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible. The freedoms and rights of other people must not be impaired by this.

The right to data portability 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.

16.7 Right of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 Paragraph 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

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

Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.

16.8 Right to revoke the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

16.9 Automated decision-making 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

  1. is necessary for the conclusion or performance of a contract between you and the controller,
  2. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  3. with your express consent.

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

In the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

16.10 Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with 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 pursuant to Art. 78 GDPR.