10. Rights of the data subject
a) Right of confirmation
Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether personal data concerning them are being processed. Any data subject wishing to avail themselves of this right of confirmation may contact us regarding this at any time.
b) Right of access
Every data subject has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data concerning them that is stored and a copy of this information. Furthermore, the European legislator has granted the data subject ac-cess 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 have been or will be disclosed, in particular recipients in third countries or international organisations
- 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 obtain 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 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) 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 the right to be informed as to whether personal data are trans-ferred to a third country or to an international organisation. Where that is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If you wish to make use of this right to rectification, please contact us at any time.
c) Right to rectification
Every data subject has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data com-pleted, including by means of providing a supplementary statement.
If you wish to make use of this right to rectification, please contact us at any time.
d) Right to erasure (right to be forgotten)
Every data subject has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay where one of the following grounds applies and to the extent that processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were col-lected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no over-riding legitimate grounds for the processing, or the data subject objects to the processing pur-suant to Art. 21(2) GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union law or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services re-ferred to in Art. 8(1) GDPR.
If any of the aforementioned grounds apply and a data subject would like the erasure of personal data we have stored, they may contact us regarding this at any time. We will then comply with this request for erasure without undue delay.
If we have made the personal data public and our company is obliged as the controller pursuant to Art. 17(1) GDPR to erase the personal data, taking account of available technology and the cost of implementation, we shall take reasonable steps, including technical measures, to inform other con-trollers which are processing the disclosed personal data that the data subject has requested the erasure by these other controllers of any links to, or copy or replication of, those personal data to the extent that processing is not necessary or legally protected.
e) Right to restriction of processing
Every data subject has the right granted by the European legislator to obtain from the controller re-striction 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 defence of legal claims.
- The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verifica-tion whether the legitimate grounds of the controller override those of the data subject.
If any of the aforementioned grounds apply and a data subject would like to obtain the restriction of personal data we have stored, they may contact us regarding this at any time. We will move to re-strict processing without undue delay.
f) Right to data portability (where applicable)
Every data subject has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and ma-chine-readable format. They also have 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 point Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pur-suant to Art. 6(1)(b) 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 their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where this is technically feasible and does not adversely affect the rights and freedoms of others.
A data subject may contact us at any time to enforce the right to data portability.
g) Right to object
Every data subject has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions.
We then no longer process these personal data in the case of objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing is used for the establishment, exercise or defence of legal claims.
Where we process personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data for such marketing. This includes profiling to the extent that it is related to such direct marketing. Where data subjects object to us to processing for direct marketing purposes, we no longer process the personal data for such purposes.
Where we process personal data for scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, the data subject, on grounds relating to their particular situation, also has the right to object to processing of personal data concerning them, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
The data subject may contact us directly to exercise the right to object. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may also exercise their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject has the right granted by the European legislator to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them provided it (1) is not necessary for entering into, or per-formance of, a contract between the data subject and us, or (2) is not authorised by Union or Mem-ber State law to which we are 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 performance of, a contract between the data subject and us or (2) is based on the data subject’s explicit consent, we 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 our part, to express their point of view and to contest the decision.
Any data subject wishing to enforce rights in relation to automated decision-making may contact us regarding this at any time.
i) Right to withdraw consent in relation to data protection
Every data subject has the right granted by the European legislator to withdraw their consent to the processing of personal data at any time.
Any data subject wishing to enforce their right to withdraw their consent may contact us regarding this at any time.
Data subjects also have the right to lodge a complaint with a data protection supervisory authority regarding Kemper’s processing of their personal data. The relevant body is the Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen (North Rhine-Westphalia Commissioner for Data Protection and Freedom of Information), https://www.ldi.nrw.de/.