DATA PROTECTION REGULATIONS OF TEXSIB GMBH, 02736 BEIERSDORF

Right to object pursuant to Article 21 GDPR

1. Individual right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) GDPR (data processing in the public interest) and Article 6(1)(f) GDPR (data processing on the basis of a balancing of interests).

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.

2. Right to object to the processing of data for direct marketing purposes

In individual cases, we process your personal data for the purpose of direct advertising. You have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising.

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:

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 is taking 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 specificinformation 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 about 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.

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.

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 the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Right to erasure

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 object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
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.

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.

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 pursuant to 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 para. 1 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.

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 vis-à-vis the controller to be informed about these recipients.

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

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons 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.

Right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those 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 the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you 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, the personal data concerning you will no longer be processed for these purposes.

You have the option, 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 that use technical specifications.

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 shall not affect the lawfulness of processing based on consent before its withdrawal.

Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing 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 pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in a. and c., 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.

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.

• Disclosure of data to third parties

Data will not be passed on to third parties for commercial or non-commercial purposes other than those described in this data protection declaration – not even in excerpts. Anything else only applies if you have given your express consent or if the data transfer is justified on the basis of the applicable legal provisions. A comparison with other databases does not take place.

• Duration of storage of personal data

We process and store your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations. Personal data is therefore stored for the duration of the respective statutory retention period. If the data is no longer required for the fulfillment of contractual or legal obligations, it is regularly deleted, unless its – temporary – further processing is necessary for the following purposes:

Fulfillment of retention obligations under commercial and tax law: The German Commercial Code (HGB) and the German Fiscal Code (AO) should be mentioned in particular. The retention and documentation periods specified there are two to ten years.

Preservation of evidence within the framework of statutory limitation periods. According to §§195ff. of the German Civil Code (BGB), these limitation periods can be up to 3o years, whereby the regular limitation period is 3 years.

• Questions and tips

If you have any further questions about data protection with regard to our offers and services, you can contact us via the e-mail addresses provided. We will then try to answer your questions and dispel any concerns you may have.

The version of the data protection declaration available online at the time of your visit always applies to the use of our website. We reserve the right to amend this data protection declaration at any time in compliance with the applicable data protection regulations. You should therefore visit our website regularly and take note of any changes.

• Retrievability of the privacy policy

You can call up and print out the current version of this data protection declaration under the “Data protection” link.

Status May 2018