Privacy policy

1. preface

1.1 Data protection has a particularly high priority for heliopas.ai GmbH.

1.2 This privacy policy informs you about the nature, scope and purpose of the processing of personal data within our mobile applications, our online offer and the websites, functions and content connected to it (hereinafter collectively referred to as "app", "online offer" or "website"). The privacy policy applies regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) used on which the offer is executed.

2. person in charge

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

heliopas.ai GmbH
Haid-and-Neu-Strasse 7
76131 Karlsruhe

Tel.: +49 177 9656780
E-mail: datenschutz@heliopas.com
Website: www.heliopas.ai

3. definition

3.1 Our data protection declaration is based on the terms used by the European Directive and Ordinance Maker when enacting the General Data Protection Regulation (DSGVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners.

3.2 To ensure this, we would like to explain the terminology used in advance. The terms used, such as "personal data" or their "processing" are defined in Art. 4 of the General Data Protection Regulation (GDPR).

3.3 We use the following terms, among others, in this Privacy Policy:

3.3.1 Personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter "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.

3.3.2 Person concerned

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

3.3.3 Processing

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

3.3.4 Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

3.3.5 Profiling

Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

3.3.6 Pseudonymization

Pseudonymization is the processing of personal data in such a way 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

3.3.7. controller or person responsible for processing

The controller or person responsible for 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 designation may be provided for under Union or Member State law.

3.3.8 Processor

Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.

3.3.9. receiver

A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.

3.3.10. Third party

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

3.3.11. Consent

Consent shall mean any freely given indication of the data subject's wishes for the specific case in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

3.3.12. Statistical reach measurement

Statistical reach measurement includes procedures that are primarily intended to analyze the use of the app. This includes, for example, information such as length of stay, device used, language settings, origin, region, location or user actions. This can be done in particular through technologies such as Java Script, cookies and tracking pixels.

3.3.13. Tracking

Tracking includes processes that primarily focus on the evaluation of visitors. This includes, in particular, all those procedures that enable identification of the user and analysis of behavior over a longer period of time in order to assign personal characteristics or interests to the user if necessary (profiling). On the basis of such user profiles, if applicable, advertising measures can be played out to a specific user in a more targeted and personalized manner.

4. general information on data processing

4.1 Scope of the processing of personal data

As a matter of principle, we collect and use personal data of our users only to the extent that this is necessary for the provision of a functional app as well as our content and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

4.2 Legal basis for the processing of personal data

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

4.2.2.When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 sentence 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

4.2.3.Insofar as processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c DSGVO serves as the legal basis.

4.2.4.In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 para. 1 sentence 1 lit. d DSGVO serves as the legal basis.

4.2.5.If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Article 6 (1) sentence 1 lit. f DSGVO serves as the legal basis for the processing.

4.3 Data deletion and storage period

4.3.1.The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject.

4.3.2.Blocking or deletion of the data shall also take place if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for further storage of the data for the conclusion or performance of a contract.

5. newsletter

5.1 Description and scope of data processing

5.1.1.Based on our legitimate interests, we offer our users the opportunity to subscribe to a free newsletter.

5.1.2.We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. When registering for the newsletter, the data from the input mask is transmitted to us.

5.1.3 If the contents of the newsletter are specifically described in the course of registration, they shall be decisive for the user's consent. In addition, our newsletters contain information about our products, offers, promotions and our company.

5.1.4 The following data of the user is collected:
▪ the e-mail address
▪ the first and last names
▪ Address

5.1.5.For the processing of data, your consent is obtained during the registration process and reference is made to this Privacy Policy.

5.1.6.The registration for our newsletter takes place in a so-called double opt-in procedure. This means that you will receive an e-mail after registration in which you will be asked to confirm your registration. This confirmation is necessary so that no one can register with other email addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time.

5.1.7 If you purchase goods or services and provide us with your e-mail address, we may subsequently use it to send you a newsletter. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter.

5.1.8.No data will be passed on to third parties in connection with the data processing for sending newsletters. The data will be used exclusively for sending the newsletter.

5.2 Legal basis for data processing

5.2.1.The legal basis for the processing of data after registration for the newsletter by the user is, if the user has given his consent, Art. 6 para. 1 p. 1 lit. a DSGVO.

5.2.2.The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 (3) UWG.

5.3 Purpose of the data processing

5.3.1.To subscribe to the newsletter, it is sufficient to provide your e-mail address. The collection of the e-mail address of the user serves to deliver the newsletter

5.4 Duration of storage

5.4.1.The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. Accordingly, the user's e-mail address will be stored as long as the subscription to the newsletter is active.

5.5 Possibility of objection and elimination

5.5.1.The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, a corresponding link can be found in each newsletter.

5.5.2.This also enables revocation of consent to the storage of personal data collected during the registration process.

5.5.3.If the Users have only subscribed to the Newsletter and cancelled this subscription, their personal data will be deleted.

6. registration

6.1 Description and scope of data processing

6.1.1 Based on our legitimate interests, we offer users the opportunity to register on our website by providing personal data. The data is entered in an input mask and transmitted to us and stored. The data is not passed on to third parties.

6.1.2.The following data is collected during the registration process:
▪ the first and last name
▪ the e-mail address
▪ a password chosen by yourself
▪ the address
▪ the phone number
▪ the billing address
▪ the payment information

6.2 Legal basis for data processing

6.2.1.If the registration serves the fulfillment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 p. 1 lit. b DSGVO.

6.3 Purpose of the data processing

6.3.1.User registration is required for the provision of certain content and services of our App.

6.3.2.A registration of the user is necessary for the fulfillment of a contract with the user or for the implementation of pre-contractual measures.

6.4 Duration of storage

6.4.1.The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected.

6.4.2.This is the case for the data collected during the registration process, if the registration on our website is cancelled or modified.

6.4.3.This is the case for the data stored during the registration process for the fulfillment of a contract or for the implementation of pre-contractual measures when the data is no longer required for the implementation of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contractual partner in order to fulfill contractual or legal obligations.

6.5 Possibility of objection and elimination

6.5.1.As a user, you have the option to cancel the registration at any time. You can have the personal data stored about you changed at any time.

6.5.2.If the data is required for the performance of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.

7. contact form and e-mail contact

7.1 Description and scope of data processing

7.1.1 Based on our legitimate interests, we use a contact form that can be used for electronic contact. If a user makes use of this option, the data entered in the input mask is transmitted to us and stored.

7.1.2.These data are:
▪ the e-mail address
▪ the first and last name
▪ the phone number

7.1.3.For the processing of data, your consent is obtained during the submission process and reference is made to this Privacy Policy.

7.1.4.Alternatively, it is possible to contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored.

7.1.5.There is no disclosure of data to third parties in this context. The data will be used exclusively for the processing of the conversation.

7.2 Legal basis for data processing

7.2.1.The legal basis for the processing of the data is Art. 6 para. 1 p. 1 lit. a DSGVO if the User has given his consent.

7.2.2.The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 p. 1 lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b DSGVO.

7.3 Purpose of the data processing

7.3.1 The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

7.3.2.The other personal data processed during the submission process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

7.4 Duration of storage

7.4.1 The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

7.4.2.The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

7.5 Possibility of objection and elimination

7.5.1.The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

7.5.2 Revocation and objection are also possible in particular in text form by e-mail to our aforementioned e-mail address. In order to make it easier for us to clearly assign the revocation, the revocation should, if possible, be sent from the e-mail address that is sometimes also linked to possible data of the user.

7.5.3 All personal data stored in the course of contacting us will be deleted in this case, provided that tax and/or commercial regulations do not prevent this. If a deletion is required due to legal tax and/or commercial regulations (e.g. § 147 para. 1 AO, § 257 para. 1 HGB), the user will be informed separately.

8. e-mail contact

8.1 Description and scope of data processing

8.1.1.Based on our legitimate interests, you may contact us electronically via the e-mail address provided.

8.1.2.In this case, the personal data of the user transmitted with the e-mail will be stored.

8.1.3.There is no disclosure of data to third parties in this context. The data will be used exclusively for the processing of the conversation.

8.2 Legal basis for data processing

8.2.1.The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 p. 1 lit. f DSGVO.

8.2.2.If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b DSGVO.

8.3 Purpose of the data processing

8.3.1.The processing of personal data in case of contact by e-mail is carried out for the purpose of processing the contact.

8.4 Duration of storage

8.4.1 The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

8.5 Possibility of objection and elimination

8.5.1.The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

8.5.2 Revocation and objection are also possible in particular in text form by e-mail to our aforementioned e-mail address. In order to make it easier for us to clearly assign the revocation, the revocation should, if possible, be sent from the e-mail address that is sometimes also linked to possible data of the user.

8.5.3 All personal data stored in the course of contacting the user will be deleted in this case, provided that tax and/or commercial regulations do not prevent this. If a deletion is required due to legal tax and/or commercial regulations (e.g. § 147 para. 1 AO, § 257 para. 1 HGB), the user will be informed separately.

9. google firebase

9.1 Scope of the processing of personal data

9.1.1.We use the service Google Firebase of Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") on the basis of our legitimate interests. In the case of access by users who do not have their habitual residence in the European Economic Area or Switzerland, inquiries to Google could be made via servers of the company Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. We have no influence on a possible forwarding of requests by Google.

9.1.2.Google Inc. is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

9.1.3.Google Firebase is a platform for mobile and web applications that provides tools and infrastructure. This sometimes enables us to efficiently provide functionality via programming interfaces on different platforms.

9.1.4 When calling up a corresponding application of our online offer, a request is transmitted to a Google server and stored and processed there. By using the Google Firebase products, the Google servers send corresponding data to the user's browser to display the application.

9.1.5.An overview of the features of the Google Firebase service can be found on Google's overview page: https://firebase.google.com/products/.
In particular, this also includes the storage of apps as well as personal data of the users, exemplary content created by the user or information regarding the interaction with the apps. The interfaces also enable interaction between the users of the app and other services.

9.1.6 To evaluate the interactions of the users, we can use the analysis service Analytics for Firebase. Here, user interactions, such as the initial opening of the app, an uninstallation, updates, crashes or the frequency of use of the app can be recorded and evaluated. This also enables the recording and evaluation of user interests. The information processed by means of Analytics for Firebase may be used together with other Google services, such as Google Analytics and Google marketing services. In order to identify users' mobile devices, only pseudonymous information, such as the Android Advertising ID or the Advertising Identifier for iOS, is processed.
Before starting an analysis of the user's interactions, the user's consent to the corresponding processing of their data is obtained.

9.1.7.The processing of data by Google is carried out within the framework of their data usage policy (https://www.google.de/intl/de/policies/privacy/).

9.1.8 Where there is joint responsibility for the processing of Users' personal data, processing is carried out on the basis of an agreement between Google and us on the joint processing of personal data, so-called Joint Control Contract (JCC). Accordingly, we are jointly responsible with Google for the data processed within the framework of the Google Firebase API.

9.1.9.The main contents of the Agreement on Joint Processing of Personal Data can be found at the URL https://privacy.google.com/businesses/controllerterms/.

9.1.10. More information about the Google Firebase service can be found at https://firebase.google.com.

9.2 Legal basis for the processing of personal data
The legal basis for the processing of the users' personal data is Art. 6 para. 1 p. 1 lit. f DSGVO.
The legal basis for the processing of the users' personal data is Article 6 (1) sentence 1 lit. a DSGVO as well as Article 26 (3) sentence 1 DSGVO if the user has given his consent in this regard regarding the Google Analytics for Firebase product.

9.3 Purpose of the data processing

9.3.1.The data processing is carried out in the interest of the analysis, optimization and economic operation of the online offer in order to integrate content or service offers of third-party providers or their content and services.

9.3.2.We use Google Firebase to efficiently provide functionality through programming interfaces on various platforms.

9.3.3.The purpose and scope of the data collection and the further processing and use of the data by Google can be found in Google's privacy policy at https://firebase.google.com/support/privacy/.

9.4 Duration of storage

9.4.1.The data will be deleted as soon as it is no longer required for our recording purposes.

9.5 Possibility of objection and elimination

9.5.1.Further information on data use by Google, setting and objection options can be obtained on the websites of Google https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use the website or apps of our partners"), https://www.google.com/policies/technologies/ads ("Data use for advertising purposes"), https://www.google.de/settings/ads ("Manage information that Google uses to display advertising to you").

10. sentry

10.1 Scope of the processing of personal data

10.1.1 We use the analytics service Sentry of the provider Functional Software Inc, 132 Hawthorne Street, San Francisco, California 94107, USA ("Sentry"), on the basis of our legitimate interests on this website/app to analyze and optimize our app and to eliminate code errors.

10.1.2 The service is anonymous and does not collect any personal data. Only technical details are collected that do not allow any inference to a person.

10.2 Legal basis for the processing of personal data
The legal basis for the processing of the users' personal data for the purpose of analysis is in each case Art. 6 para. 1 p. 1 lit. f DSGVO.

10.3 Purpose of the data processing

10.3.1 The processing of anonymous user data enables us to optimize our app. This helps us to constantly improve our app and its user-friendliness.

10.4 Duration of storage

10.4.1 The data will be deleted as soon as they are no longer required for our recording purposes.

10.5 Possibility of objection and elimination

10.5.1 For more information, please refer to Sentry's privacy policy: https://sentry.io/privacy/. This transfer is permitted under Article 45 of the GDPR because Functional Software Inc. is Privacy Shield certified and therefore an adequate level of data protection exists under Commission Implementing Decision (EU) 2016/1250 (http://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32016D1250&from=DE). The certification can be viewed at https://www.privacyshield.gov/participant?id=a2zt0000000TNDzAAO&status�tive.

11. 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:

11.1 Right to information

11.1.1 You may request confirmation from the controller as to whether personal data concerning you are being processed by us.

11.1.2 If there is such processing, you can request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which 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 the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;
(5) the existence of a right to rectify or erase the personal data concerning you, a right to have the controller restrict the processing, or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

11.1.3 You have the right to request information about 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 about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

11.2 Right to rectification

11.2.1 You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

11.3 Right to restriction of processing

11.3.1 You may request the restriction of the processing of personal data concerning you 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 object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether the controller's legitimate grounds override your grounds.

11.3.2 Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only 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 a Member State.

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

11.4 Right to deletion

11.4.1 You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay, if one of the following reasons 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 sentence 1 lit. a or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

11.5 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) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

11.6 Exceptions

The right to erasure does not exist insofar as the processing is necessary to
(1) to exercise the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under 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(2)(h) and (i) and Art. 9(3) DSGVO;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
(5) to assert, exercise or defend legal claims.

11.7 Right to information

11.7.1 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.

11.7.2 You have the right to be informed about these recipients by the data controller.

11.8 Right to data portability

11.8.1 You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
(1) the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b DSGVO and
(2) the processing is carried out with the aid of automated procedures.

11.8.2 In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

11.8.3 The right to data portability shall not apply to 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.

12. right of objection

12.1 You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) sentence 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.

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

12.3 If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing.

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

12.5 You have the possibility, 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 using technical specifications.

12.6 You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR.

12.7 Your right to object may be limited to the extent that it is likely to render impossible or seriously impair the realization of the research or statistical purposes and the limitation is necessary for the fulfillment of the research or statistical purposes.

13. right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

14. automated decision in individual cases including profiling

14.1 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 permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) is done with your express consent.

14.2 However, these decisions must not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

14.3 With regard to the cases referred to in (1) and (3), the Controller shall take reasonable measures to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the Controller, to express his own point of view and to contest the decision.

15. right to complain to a supervisory authority

15.1 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 residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.

15.2 The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

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