a) Right of confirmation
Each data subject shall have the right, granted by the European legislator, to obtain from the controller confirmation as to whether personal data concerning him or her is being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information.
Furthermore, the European directives and regulations grant data subject access to the following information:
- The purposes of the processing.
- The categories of personal data concerned.
- The recipients or categories of recipients to whom the personal data has been or will be disclosed, recipients in third countries or international organizations
- Where possible, the envisaged period for which the personal data will be stored, or if not possible, the criteria used to determine that period.
- The existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing.
- The existence of the right to lodge a complaint with a supervisory authority
- Where the personal data is not collected from the data subject, any available information as to its source.
- The existence of automated decision-making, including profiling, referred to in Article 22(1) and 22(4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, if the processing is not necessary:
- The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
- The data subject withdraws consent to processing that is based on point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data has been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the reasons applies, and a data subject wishes to request the erasure of personal data stored by PROSE, he or she may, at any time, contact any employee of the controller. An employee of PROSE shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of that personal data, as far as processing is not required. An employee of PROSE will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for 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 instead the restriction of its use instead
- The controller no longer needs the personal data for the purposes of the processing, but the data is required by the data subject for the establishment, exercise or defense of legal claims
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR, pending the verification whether the legitimate grounds of the controller override those of the data subject
If one of the conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by PROSE, he or she may at any time contact any employee of the controller. The employee of PROSE will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, and 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 Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another where technically feasible, and when doing so does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may at any time contact any employee of PROSE.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her situation, at any time, to the processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
PROSE shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If PROSE processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent where it is related to such direct marketing. If the data objects to PROSE regarding processing personal data for direct marketing purposes, PROSE will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her by PROSE for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the 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 may contact any employee of PROSE. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means, using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or for the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or for the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, PROSE 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 contest the decision.
If the subject of data wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of PROSE.
i) Right to withdraw data processing consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to process his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of PROSE.
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