Rights of the Data Subject
Right to Confirmation: Every data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may, at any time, contact the controller.
Right of Access: Every data subject affected by the processing of personal data has the right to obtain from the controller, at any time and free of charge, information about the personal data stored concerning him or her and a copy of this information. Furthermore, the European legislator for directives and regulations has granted the data subject access to the following information:
- The purposes of processing
- The categories of personal data being processed
- The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
- Where possible, the planned duration for which the personal data will be stored, or if this is not possible, the criteria for determining this duration
- The existence of the right to request 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 are not collected from the data subject: Any available information as to their source
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the EU 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
Furthermore, the data subject has a right to obtain information as to whether personal data are 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 exercise this right of access, he or she may, at any time, contact the controller.
Right to Rectification: Every data subject affected by the processing of personal data has the right to demand the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to demand the completion of incomplete personal data — also by means of a supplementary declaration.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact the controller.
Right to Erasure (Right to be Forgotten): Every data subject affected by the processing of personal data has the right to obtain from the controller the immediate erasure of personal data concerning him or her, provided that one of the following grounds applies and insofar as the processing is not necessary:
- The personal data are 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)(a) EU GDPR or Art. 9(2)(a) EU GDPR, and there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) EU GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) EU GDPR.
- The personal data have 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 information society services offered pursuant to Art. 8(1) EU GDPR.
If one of the aforementioned reasons applies and a data subject wishes to arrange for the erasure of personal data stored by Lodge54, he or she may, at any time, contact the controller. The data subject’s request for erasure will then be complied with without delay.
If Lodge54 has made the personal data public and our company, as the controller, is obliged to erase the personal data pursuant to Art. 17(1) EU GDPR, Lodge54 shall, taking into account available technology and the costs of implementation, take reasonable steps, including technical measures, to inform other controllers who are processing the published personal data that the data subject has requested the erasure by such other controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. The controller will then take the necessary steps in individual cases.
Right to Restriction of Processing: Every data subject affected by the processing of personal data has the right 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 a period enabling 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 their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are 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) EU GDPR, and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions applies and a data subject wishes to request the restriction of personal data stored by Lodge54, he or she may, at any time, contact the controller. The restriction of processing will then be initiated without delay.
Right to Data Portability: Every data subject affected by the processing of personal data has the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6(1)(a) EU GDPR or Art. 9(2)(a) EU GDPR or on a contract pursuant to Art. 6(1)(b) EU GDPR and the processing is carried out by automated means, provided that 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 his or her right to data portability pursuant to Art. 20(1) EU GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may, at any time, contact the controller.
Right to Object: Every data subject affected by the processing of personal data has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Art. 6(1)(e) or (f) EU GDPR. This also applies to profiling based on these provisions.
Lodge54 will no longer process personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defense of legal claims.
If Lodge54 processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling, to the extent that it is related to such direct marketing. If the data subject objects to Lodge54 processing for direct marketing purposes, Lodge54 will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out by Lodge54 for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) of the EU GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject can contact the controller directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
Automated individual decision-making, including profiling: Every person affected by the processing of personal data has the right not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision:
- is not necessary for entering into, or performance of, a contract between the data subject and the controller, or
- is 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
- is based on the data subject’s explicit consent.
If the decision is necessary for entering into, or performance of, a contract between the data subject and the controller, or is based on the data subject’s explicit consent, Lodge54 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 his or her point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, they can contact the controller at any time.
Right to withdraw data protection consent: Every person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they can contact the controller at any time.