Legal notice

Information according to § 5 TMG: 

DISTACT Energy GmbH & Co. KG 
Gewerbeallee 2
18107 Elmenhorst-Lichtenhagen
Germany

Contact 

phone: +49 381 260 568 01

e-mail: info@distact.com

Trade register entry: 

Register number: HRA 5252 
Value added tax identification number in accordance with §27a of the Value Added Tax Act (UStG): DE 362 284 975
Register court: Local court Rostock

personally liable partner:
DISTACT Verwaltungs GmbH
Register number: HRB 14583
Value added tax identification number according to §27a of the Value Added Tax Act (UStG): DE 325 056 338
Register court: Local court Rostock

Represented by:

Managing Director: Ulf Grimnitz 

Responsible for the content according to § 55 Abs. 2 RStV: 

Ulf Grimnitz 
Gewerbeallee 2
18107 Elmenhorst-Lichtenhagen
Germany

EU dispute resolution
The European Commission provides a platform for online dispute resolution (OS)
bereit: https://ec.europa.eu/consumers/odr/.

We are not obliged and not willing to participate in a dispute resolution procedure before a
consumer arbitration board.

The images and content used on our website are subject to German copyright law and are the property of DISTACT Energy GmbH & Co. KG. Duplication, processing, distribution and any form of commercialisation of such material beyond the scope of the copyright law shall require the prior written consent of DISTACT Energy GmbH & Co. KG is not permitted. The content on this site may not be downloaded or copied without the express permission of the copyright holder.

Insofar as the content on this site was not created by us, the copyrights of third parties have been respected. In particular, content has been licensed from Adobe Stock. Should you nevertheless become aware of a copyright infringement, please inform us accordingly.
If we become aware of any legal infringements, we will remove such content immediately.

Privacy policy

I. Name and address of the responsible person

The person responsible within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:

DISTACT Energy GmbH & Co. KG
Gewerbeallee 2
18107 Elmenhorst

Contact
e-mail: info@distact.com
phone: +49 381 260 568 01
https://distact-energy.com/

II. The person responsible within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:

Data Protection Officer: Mrs Christine Lanz, for contact details see Section I.

The data protection officer can be contacted at the following e-mail address:
info@distact.com

Any data subject can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

III. General information on data processing

1. scope of the processing of personal data

We collect and use our users' personal data only to the extent necessary to provide a functional website and our content and services. The collection and use of our users' personal data only takes place regularly with the user's consent. An exception applies in cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by law.

This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL encryption is activated, the data you send to us cannot be read by third parties.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis. When processing personal data that is necessary for the fulfilment of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR
serves as the legal basis.

3. data deletion and storage period

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 erased 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 fulfilment of a contract.

IV. Provision of the website and creation of log files

1. description and scope of data processing

Each time our website is accessed, we automatically collect and store data and information from the computer system of the accessing computer in log files, which your browser automatically transmits to our system. The following data is collected:

  • Information about the browser type and version used
  • The user's operating system
  • The user's internet service provider
  • The IP address of the user
  • Date and time of access
  • Websites from which the user's system accesses our website
  • Websites that are accessed by the user's system via our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. legal basis for data processing

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

3. purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. The data is not analysed for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4. duration of storage

The data is deleted as soon as it is no longer required to fulfil 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. possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.

V. Processing of personal data for the purpose of preparing a free quote

1. description and scope of data processing

The user has the option of requesting a free quote for the services we offer. If the user requests a free quote, additional data such as the first name and surname and contact details of the contact person/interested customer will be collected. The data collection is generally used to prepare the quotation.
The provision of data by the user also constitutes the user's consent to the storage of personal data.

The following data is collected when you register as a customer:

  • first name
  • last name
  • e-mail address
  • Message, question
  • Phone number *optional
  • Subject matter

2. legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent. If the data collection serves the fulfilment of a contract to which the user is a party or the implementation of contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR.

3. duration of storage, possibility of objection and removal

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. Registered customers also have the option of changing or deleting the data provided during the quotation process at any time. The operator will of course also provide you with information about your stored
personal data. The operator will also be happy to correct or delete this data at your request, provided there are no statutory retention obligations to the contrary.

VI Processing of personal data for the purpose of concluding a contract

1. description and scope of data processing

As part of the fulfilment of the contract, we store personal data of the customer and their acting employees.
The data will not be passed on to third parties - except for the processing of contracts with our suppliers and contractual partners, e.g. with our subcontractors - without the customer's consent.

We collect the following data for the purpose of concluding the contract:

  • Title
  • first name
  • name
  • address
  • e-mail address
  • phone number

2. legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.
If the data transfer serves the fulfilment of a contract to which the user is a party or the implementation of contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR.

3. purpose of data processing

In the event of an effective conclusion of a contract, the storage of the aforementioned data is necessary in order for us to be able to fulfil the concluded contract, whereby the transfer of your data takes place exclusively for the purpose of order processing with the respective supplier or contractual partner.

If payment providers transmit personal data to credit agencies under certain circumstances, this is done for the purpose of identity and credit checks.

4. duration of storage

The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. This is the case for the fulfilment of a contract or for the implementation of contractual measures if the data is no longer required for the implementation of the contract. Even after conclusion of the contract, it may be necessary to store personal data of the contractual partner in order to fulfil contractual or legal obligations.

The duration of data storage from the conclusion of the contract extends at least to a period (usually two years) during which the user is entitled to assert his performance rights against the entrepreneur. In addition, there may be a longer storage obligation for necessary personal data, insofar as this is necessary for the fulfilment of legal or tax purposes. Once the contract has been fully processed, the user data will be blocked for further use.

5. retention periods/storage periods:

According to § 257 HGB, every merchant is obliged to keep, among other things, commercial letters received, reproductions of commercial letters sent and accounting documents.

  • The retention period is ten years for accounting documents and six years for commercial letters in accordance with Section 257 (4) HGB

According to § 147 AO, companies are legally obliged to keep certain documents, e.g. accounting documents in connection with
the concluded contract.

  • Outgoing invoices of the entrepreneur in accordance with § 147 AO must generally be kept for 10 years

5. possibility of objection and removal

If the data is required for the fulfilment of a contract or the implementation of contractual measures, premature deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.

However, there are also exceptions to the erasure obligation. There is no deletion obligation if the processing is necessary:

  • to fulfil a legal obligation or public duties
  • for archiving purposes in the public interest, research purposes and statistical purposes
  • for the assertion, exercise or defence of legal claims

VII. Use of Google Maps

1. description and scope of data processing

Our website uses the maps of the "Google Maps" service as a component. The provider of "Google Maps" is: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (usually in the context of the settings of their mobile devices). The following personal data is transmitted:

  • Information about the browser type and version used
  • Search terms used
  • The IP address of the user
  • Date and time of access
  • Length and width specifications

2. legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent. If the user has not given consent, the legal basis for the processing of personal data that is stored and transmitted to the service provider for the purpose of direct mail is Art. 6 para. 1 lit. f GDPR. Furthermore, the legal basis may arise from Section 7 (3) UWG.
The use of Google Maps to improve the service on the website for the user can be regarded as processing for the purposes of a legitimate interest, in this respect reference is made to Recital 47 of the GDPR. Google also processes data in the USA, among other places. We would like to point out that, in the opinion of the European Court of Justice, there is currently no
adequate level of protection for the transfer of data to the USA. This may entail various risks for the lawfulness and security of data processing. As a basis for data processing with recipients based in third countries (outside the European Union, Iceland, Liechtenstein, Norway, i.e. in particular in the USA) or data transfer to these countries, Facebook uses the following data protection regulations issued by the EU Commission
approved standard contractual clauses (= Art. 46 (2) and (3) GDPR). These clauses oblige Facebook to comply with the EU level of data protection when processing relevant data outside the EU. These clauses are based on an implementing decision of the EU Commission. You can find the decision and the clauses here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de

3. duration of storage

Google stores the data collected for different lengths of time. You can delete some data at any time, others are automatically deleted after a limited time and others are stored by Google for a longer period of time. Some data (such as elements from "My activity", photos or documents, products) that are stored in your Google account remain stored until you delete them. Even if you are not signed in to a Google Account, you can delete some data that is stored with your device, browser
or app. Further information on the handling of user data can be found in the privacy policy of "GoogleMaps" at:
https://www.google.com/policies/privacy/

4. possibility of objection and removal

In principle, you can delete data in your Google account manually. With the automatic deletion function for location and activity data, information is stored for either 3 or 18 months, depending on your decision, and then deleted. Regardless of whether you have a Google account or not, you can configure your browser so that cookies are deleted or deactivated by Google. Depending on which browser you use, this works in different ways. If you do not want any cookies, you can set up your browser so that it always informs you when a cookie is to be set. You can then decide for each individual cookie whether or not to allow it.
You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: https://adssettings.google.com/authenticated

To prevent "Google Maps" from collecting data across different devices, you must opt out on all systems used.

VIII. Use of YouTube

1. description and scope of data processing

We use YouTube functions on our website. This allows us to present interesting videos directly on our site. YouTube is a video portal that has been a subsidiary of Google since 2006. The video portal is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. If you call up a page on our website that contains a YouTube video
your browser automatically connects to the YouTube or Google servers. Various data will be transmitted (depending on the settings). Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland) is responsible for all data processing in Europe.
The following personal data is transmitted:

  • Information about the browser type and version used
  • The user's operating system
  • The user's internet service provider
  • The IP address of the user
  • URL of the user
  • Date and time of access
  • Websites from which the user's system accesses our website
  • Websites that are accessed by the user's system via our website
  • Contact details
  • Language setting

2. legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent. If the user has not given consent, the legal basis for the processing of personal data that is stored and transmitted to the service provider for the purpose of direct mail is Art. 6 para. 1 lit. f GDPR. Furthermore, the legal basis may arise from Section 7 (3) UWG.
The processing of personal data for the purpose of advertising and for the purpose of fast and good communication with the user can be regarded as processing serving a legitimate interest, in this respect reference is made to Recital 47 of the GDPR. 

Google also processes data in the USA, among other places. We would like to point out that, in the opinion of the European Court of Justice, there is currently no adequate level of protection for data transfers to the USA. This may entail various risks for the legality and security of data processing.
Facebook uses standard contractual clauses approved by the EU Commission (= Art. 46 para. 2 and 3 GDPR) as the basis for data processing for recipients based in third countries (outside the European Union, Iceland, Liechtenstein, Norway, i.e. in particular in the USA) or for data transfer to these countries. These clauses oblige Facebook to comply with the EU-
level of data protection when processing relevant data outside the EU. These clauses are based on an implementing decision of the EU Commission. You can find the decision and the clauses here:
  https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de

Further information on the handling of user data can be found in the privacy policy of "GoogleMaps" at:
https://www.google.com/policies/privacy/

3. duration of storage

Google stores the data collected for different lengths of time. You can delete some data at any time, others are automatically deleted after a limited time and others are stored by Google for a longer period of time. Some data (such as elements from "My activity", photos or documents, products) that are stored in your Google account remain stored until you delete them. Even if you are not signed in to a Google Account, you can delete some data that is stored with your device, browser
or your apps.

4. possibility of objection and removal

In principle, you can delete data in your Google account manually. With the automatic deletion function for location and activity data, information is stored for either 3 or 18 months, depending on your decision, and then deleted. Regardless of whether you have a Google account or not, you can configure your browser so that cookies are deleted or deactivated by Google. Depending on which browser you use, this works in different ways. If you do not want any cookies, you can set up your browser so that it always informs you when a cookie is to be set. You can then decide for each individual cookie whether or not to allow it.

You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: https://adssettings.google.com/authenticated

IX. Use of Instagram plugin

1. description and scope of data processing

We use Instagram functions on our website. Instagram is a social media platform of the company Instagram LLC, 1601 Willow Rd, Menlo Park CA 94025, USA. Instagram has been a subsidiary of Meta Platforms Inc. since 2012 and is a Facebook product. The embedding of Instagram content on our website is called embedding.
This allows us to show you content such as buttons, photos or videos from Instagram directly on our website. When you visit web pages on our website that have an Instagram function integrated, data is transmitted to Instagram, stored and processed. Instagram uses the same systems and technologies as Facebook. Your data is therefore
processed across all Facebook companies. The following personal data is transmitted as event data:

  • Information about the browser type and version used
  • The user's operating system
  • The user's internet service provider
  • The IP address of the user
  • Date and time of access
  • Websites from which the user's system accesses our website
  • Websites that are accessed by the user's system via our website
  • Advertisements viewed

If you have an Instagram account or are logged in, Instagram stores significantly more data about you.

  • name
  • adress
  • phone number

This customer data is only transmitted to Instagram once it has been "hashed". Hashing means that a data record is converted into a character string. The collected data is transmitted to Facebook via small text files (cookies), which are usually set in your browser. Depending on the Instagram functions used and whether you have an Instagram account yourself
different amounts of data are stored.

2. legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent. If the user has not given consent, the legal basis for the processing of personal data that is stored and transmitted to the service provider for the purpose of direct mail is Art. 6 para. 1 lit. f GDPR. Furthermore, the legal basis may arise from Section 7 (3) UWG.
The processing of personal data for the purpose of direct marketing and fast and good communication with you or other customers and business partners can be regarded as processing serving a legitimate interest, in this respect reference is made to Recital 47 of the GDPR.
Instagram and Facebook also process data in the USA, among other places. We would like to point out that, in the opinion of the European Court of Justice, there is currently no adequate level of protection for data transfers to the USA. This may entail various risks for the legality and security of data processing.
Facebook uses standard contractual clauses approved by the EU Commission (= Art. 46 para. 2 and 3 GDPR) as the basis for data processing for recipients based in third countries (outside the European Union, Iceland, Liechtenstein, Norway, i.e. in particular in the USA) or for data transfer to these countries. These clauses oblige Facebook to comply with the EU-
level of data protection when processing relevant data outside the EU. These clauses are based on an implementing decision of the EU Commission. You can find the decision and the clauses here: 
https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de
On https://privacycenter.instagram.com/policy/?entry_point=ig_help_center_data_policy_redirect you can take a closer look at Instagram's data policy.

3. duration of storage

If you have an Instagram account or have visited www.instagram.com, Instagram has set at least one cookie. If this is the case, your browser sends information to Instagram via the cookie as soon as you come into contact with an Instagram function. This data is deleted or anonymised after 90 days at the latest (after reconciliation).

4. possibility of objection and removal

You can manage your data in the Instagram settings. If you want to completely delete your data on Instagram, you must permanently delete your Instagram account. First open the Instagram app. On your profile page, go to the bottom and click on "Help section". You will now be taken to the company's website. On the website, click on "Manage your account" and then on "Delete your account".
If you delete your account completely, Instagram will delete posts such as your photos and status updates. Information that other people have shared about you does not belong to your account and is therefore not deleted.
As mentioned above, Instagram stores your data primarily via cookies. You can manage, deactivate or delete these cookies in your browser. Depending on your browser, the management always works a little differently. In the "Cookies" section, you will find the relevant links to the instructions for the most popular browsers. You can also set up your browser so that you are always informed when a cookie is to be set. Then you can always decide individually whether you want to allow the cookie or not.

X. Contact form and e-mail contact

1. description and scope of data processing

There is a contact form on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored.

These data are:

  • Title
  • first name
  • name
  • e-mail address
  • Subject, comment Your message
  • Phone number *optional

The following data is also stored at the time the message is sent:

  • The IP address of the user
  • Date and time of registration

Your consent is obtained for the processing of the data as part of the sending process and reference is made to this privacy policy.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored. If the user makes use of this option, this constitutes consent.

No data will be passed on to third parties in this context. The data is used exclusively for processing the conversation.

2. legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given 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 use of Instgram is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

3. purpose of data processing

The processing of the personal data from the input mask serves us solely to process the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. duration of storage

The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified. In the event of a contract being concluded, reference is made to point XI, section 4.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. possibility of objection and removal

The user has the option to withdraw their consent to the processing of personal data at any time. If the user contacts us by e-mail, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. 

The cancellation can be sent by e-mail to the responsible data protection officer. To do so, please contact the data protection officer at the above e-mail address. All personal data stored in the course of making contact will be deleted in this case.

XI. Rights of the data subject

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: Please note that the following rights are restricted to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

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:

  • the purposes for which the personal data are processed;
  • the categories of personal data that are processed;
  • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
  • 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;
  • the existence of a right of appeal to a supervisory authority;
  • all available information about the origin of the data if the personal data is not collected from the data subject;
  • 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 organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

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.

3. right to restriction of processing

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

  • 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;
  • the processing is unlawful and you oppose the erasure of the personal data and request 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 you for the establishment, exercise or defence of legal claims, or
  • if you have objected to processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate grounds of the controller override your grounds.

If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be processed 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 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.

4. right to deletion

a) 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:

  • 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 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 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
  • The personal data concerning you has been processed unlawfully.
  • 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.
  • The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

b) 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 the personal data have been made public
the data subject shall have the right to obtain from the controller the erasure of any links to, or copy or replication of, those personal data.

c) Exceptions

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

  • to exercise the right to freedom of expression and information;
  • 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;
  • 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;
  • 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
  • for the assertion, exercise or defense of legal claims.

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.

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
transmit, provided that 

  • 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
  • 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 affected 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.

7. 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 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.

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

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

  • is necessary for the conclusion or performance of a contract between you and the controller,
  • 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
  • with your explicit 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 GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as 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.

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.

A list of supervisory authorities (for the non-public sector) with addresses can be found at:
https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

The competent supervisory authority is:
Postal address
The State Commissioner for Data Protection and Freedom of Information Mecklenburg-Vorpommern
Schloss Schwerin
Lennéstraße 1
19053 Schwerin

Department
The State Commissioner for Data Protection and Freedom of Information Mecklenburg-Vorpommern
2. OG
Werderstraße 74a
19055 Schwerin
phone: +49 385 59494 0
E-Mail: info@datenschutz-mv.de
Website: www.datenschutz-mv.de; www.informationsfreiheit-mv.de

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