Data Privacy

Privacy Statement

We are pleased to welcome you to our website and thank you for your interest in our company.

This privacy statement describes, among other things, how EDAG Production Solutions India Private Limited processes your personal data and your rights as a data subject in accordance with the general data protection regulation (GDPR) and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (as applicable to India).

Please do not hesitate to contact us if you have any questions regarding our personal data processing. Our contact information as well as the information of the grievance officer is set out in Section I and II below respectively. 

I. The Data Controller’s Name and Contact Information

EDAG Production Solutions India Private Limited 
14th Floor, Block II, Vatika Business Park 
Sohna Road, Gurgaon – 122018 
Haryana, India 

Tel.:+91 124 4323-232 
Fax:+91 124-4323-230 
E-Mail 
Website: in.edag.com. 

Responsible: Rainer Wittich, Managing Director 

II.   The Grievance Officer or the Data Protection Officer’s Name and Contact Information 

EDAG Production Solutions India Private Limited 
Rainer Wittich, Managing Director 
14th Floor, Block II, Vatika Business Park 
Sohna Road, Gurgaon – 122018 
Haryana, India 
Tel.:+91 124 4323-232 
Fax:+91 124-4323-230 
E-Mail 
Website: in.edag.com

III. General Data Processing Information

  1. Extent to which personal data is processed
    We only ever collect and use personal data of our users to the extent to which this is necessary to provide a fully functional website and our contents and services. The regular collection, use, disclosure, possession, storage, dealing, handling, and transfer of personal data of our users is only ever made with the user's consent who has provided his/her consent for collection, use, disclosure, possession, storage, dealing, handling, and transfer of such information under a lawful contract. Exceptions to this rule applies in cases in which, for factual reasons, it is not possible to obtain the user's prior consent or in which, according to applicable data protection legislation, the processing of this data is permitted on other legal grounds or any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force.  
     
  2. Legal basis for the processing of personal data
    Insofar as we obtain the consent of the data subject to process his or her personal data, Art. 6 para. 1 p. 1 point a of the EU General Data Protection Regulation (GDPR) and the analogous provisions pursuant to applicable data protection legislation shall serve as the legal basis for the processing of personal data.  

    Art. 6 para. 1 p. 1 point b of the GDPR and the analogous provisions pursuant to applicable data protection legislation shall serve as the legal basis for the processing of personal data necessary for the performance of a lawful contract to which the data subject is party. This shall also apply to processing which is necessary for the performance of pre-contractual measures. 

    Insofar as the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 para. 1 p. 1 point c of the GDPR and the analogous provisions pursuant to applicable data protection legislation shall serve as the legal basis.

    Should it be necessary to process personal data in order to protect the vital interests of the data subject or another natural person, Art. 6 para. 1 p. 1 point d of the GDPR and the analogous provisions pursuant to applicable data protection legislation shall serve as the legal basis.

    Should processing be necessary to protect the legitimate interests of our company or a third party and such interests are not overridden by the interests, fundamental rights and freedoms of the data subject, then Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions pursuant to applicable data protection legislation shall serve as the legal basis for processing. 
     
  3. Data erasure and storage period 
    The personal data of the data subject will be deleted as soon as the purpose for which it has been saved ceases to apply. Further, data may also be stored if provided for by European or national legislators in Union directives, laws or other regulations, to which the data controller is subject (including the applicable Indian laws). The data will also be deleted at such time as the storage period prescribed by the designated standards expires, unless it is necessary for the data to be stored for a further period for the conclusion or performance of a lawful contract. 
     
  4. Requirement to provide personal data 
    The data subject's provision of personal data is often necessary for us to fulfill our contractual obligations. Failure to provide such data may cause us not to be able to fulfil our contractual obligations.  

IV. Provision of the Website and Creation of Log Files 

  1. Description and extent of data processing
    Every time our website is accessed, our system automatically acquires data and information from the computer system of the calling computer. 

    The following data is collected:
    (1)    The user's IP address 
    (2)    Date and time of access
    (3)    Website visited
    (4)    Quantity of data sent in bytes 
    (5)    Source/link from which you accessed the website 
    (6)    Browser used
    (7)    Operating system used

    The data is also stored in the log files of our system. This data is not stored with other personal data of the user. 
     
  2.  Legal basis for data processing
    Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions pursuant to applicable data protection legislation are the legal basis for the temporary storage of the data and the log files.
     
  3. Purpose of data processing
    The temporary storage of the IP address by the system is necessary in order to be able to deliver the website to the user's computer. To this end, the user’s IP address must be stored for the duration of the session. The data that has been acquired is used for statistical analyses and to improve the website. Your personal data (IP address) is first anonymised.  

    Data is stored in log files to ensure that the website functions properly. In addition, the data serves to optimise the website and to guarantee the security of our IT systems. No data evaluation is carried out for marketing purposes in this context.   

    These purposes are also in our legitimate interests in data processing under Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions pursuant to applicable data protection legislation. 
     
  4. Storage duration
    Data is deleted as soon as it is no longer needed for the purpose for which it was collected. In the case of data being collected in order to make the website available, this is the case when the session is terminated. 

    In the case of data stored in log files, this is the case after a maximum of seven days. Storage beyond this point in time is possible. In this case, the user's IP address will be deleted or distorted, so that it can no longer be attributed to the accessing client. 
     
  5.  Right to object and right of elimination
    Data acquisition of non-personal data is essential for the provision of the website and the storage of data in log files is essential for operating the website. The user therefore has no right to object.

V. Use of Cookies

  1. Description and extent of data processing
    Our website makes use of cookies. Cookies are text files stored on the user's computer system in or by the Internet browser. If a user accesses a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic character string that enables the browser to be clearly identified the next time the website is accessed. 

    We use cookies to make our website more user-friendly. Some elements of our website require the accessing browser to be identified if the user changes from one page to another.

    The following data is stored and transmitted in the cookies:
    (1)    The user's IP address 
    (2)    Date and time of access 
    (3)    Login information 
    (4)    Amount of data transferred 
    (5)    Enquiring domain

    On our website, we also use cookies which make it possible to analyse the user's surfing habits. 

    The following data can be transmitted in this way:
    (1)    Equipment type, model, brand, screen resolution 
    (2)    Operating system, versions, families 
    (3)    Browser, version, configuration, engines, plugins, language, language code 
    (4)    Location data 
    (5)    Provider details 
    (6)    Pages per visit, number of visits, repeat visits, time of visit, date of visit 
    (7)    Entry pages, exit pages, page URL, title of page, search items, downloads 
    (8)    Search machines, search item, websites, social networks 
    (9)    Campaigns, campaign key word

    When accessing our website, the user is informed that cookies are used for analysis purposes, and requested to provide his or her consent to the processing of the personal data used in this respect. Information regarding this data privacy statement is also issued in this context.
     
  2. Legal basis for data processing
    The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions pursuant to applicable data protection legislation.
    The legal basis for the processing of personal data using cookies for analysis purposes, provided the user's consent for this purpose has been obtained, is Art. 6 para. 1 p. 1 point a of the GDPR and the analogous provisions in accordance with the applicable data protection legislation.
     
  3. Purpose of data processing

    The purpose of using technically necessary cookies is to simplify the use of the website for the user. Some of our website functions cannot be offered without the use of cookies. For these, it is necessary for the browser to be recognised after changing from one page to another.

    We need cookies for the following applications:
    Login information. 

    The user data collected by technically necessary cookies are not used to create user profiles.

    The analysis cookies are used for the purpose of improving the quality of our website and its contents. Through the analysis cookies, we find out how the website is used, which enables us to constantly improve our services. This enables us to provide optimum user guidance and to present as varied a website as possible, along with new contents, when you when you re-visit the site.

    These purposes are also in our legitimate interests in the processing of personal data under Art. 6 para. 1 p. 1 point f of the GDPR. Further, the personal data collected from a data subject shall be used only for the purpose for which it has been collected.

  4. Storage duration, right to object and right of elimination

    Cookies are stored on the user's computer, from which they are transmitted to our website. As the user, you therefore have complete control over the use of cookies.

    You can find further information on how to block cookies here: https://www.allaboutCookies.org.

    You can deactivate or restrict the transmission of cookies by altering the settings in your Internet browser. Cookies which have already been stored may be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, there may be some website functions that it is no longer possible to use to the full. 

    You will find the corresponding instructions on the help page of your browser:

VI. Job applications via Email

As part of our recruitment process, we collect and process personal data relating to job applicants. We are committed to being transparent about how we collect and use this data and to meeting our data protection obligations.

  1. Description and extent of data processing
    Applications are received via email. We process the personal data you provide to us through your job application, including but not limited to, name, telephone number, address, E-mail address, date of birth etc. There is no disclosure of data to third parties without your written consent in advance unless such disclosure has been agreed to in the contract between us, or where the disclosure is necessary for compliance of a legal obligation.
     
  2. Legal basis for data processing
    The legal basis for the processing of data, provided the user's consent has been obtained, is Art. 6 para. 1 p. 1 point a of the GDPR and the analogous provisions pursuant to applicable data protection legislation. Such processing of personal data processing is based on our legitimate interest, in accordance with Art. 6 para. 1 p. 1 point f of the GDPR read with the analogous provisions in accordance with the applicable data protection legislation, of an effective and accurate recruitment procedure.

     
  3. Purpose of data processing
    The sole reason for processing the personal data is to enable us to handle the application. If contact is established by e-mail (or any other form), it shall establish a legitimate interest in processing the data and it shall be construed as an explicit consent from your end to process such data.
     
  4. Storage duration
    Data is deleted as soon as it is no longer needed for the purpose for which it was collected. For the data collected during the application procedure, this is the case when the application process is closed. 
     
  5. Right to object and right of elimination
    As the applicant, you can contact us at any time if you wish us to delete the information or wish to withdraw the consent provided to process the personal data / information. Such withdrawal of the consent shall be sent to us in writing.

VII. E-Mail Contact

  1. Description and extent of data processing

    The e-mail address is provided to enable contact to be established with us. In this case, the personal data of the user transmitted with the e-mail is stored. 

    In this respect, there is no disclosure of data to third parties. Such data is used solely to process the communication.

  2. Legal basis for data processing
    The legal basis for the processing of data collected when an e-mail is being sent is Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions pursuant to applicable data protection legislation, due to our legitimate interest of answering and administering the e-mail. If the point of the e-mail contact is to enter into a lawful contract, then Art. 6 para. 1 p. 1 point b of the GDPR read with the analogous provisions pursuant to applicable data protection legislation will serve as an additional legal basis for processing.
     
  3. Purpose of data processing
    The sole reason for processing personal data is to enable us to handle the e-mail enquiry, which also establishes a legitimate interest in processing the data and when such contact is established it shall be construed as an explicit consent from your end to process such data.
     
  4. Storage duration
    Data is deleted as soon as it is no longer needed for the purpose for which it was collected. For personal data transmitted by e-mail, this is the case when a particular communication with the user is finished. Communication is finished when circumstances indicate that the matter concerned has been fully resolved. 
     
  5. Right to object and right of elimination

    If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time or withdraw the consent provided to process such personal data / information. Such withdrawal of the consent shall be sent to us in writing. If this is the case, then the communication cannot be continued.

    In this case, all personal data collected as a result of contact being made will then be erased.

VIII. Online Presence in Social Media

We maintain online presence within social networks in order to communicate with any customers, interested parties and users active there, and to inform them about our services. In this context, only simple links are used, or only social media plug-ins that do not establish any connection to the network in question when the page is loaded. This is the difference between the social media plug-ins used here and the widespread Like buttons, which transmit data to the social networks as soon as the page is loaded, without the button having to be clicked. Additional information on the processing of data can be found in the following social media data privacy statement.

IX. Web Tracking

  1. Description and extent to which personal data is processed

    This website uses Google Analytics, a web analytics service of Google Inc. ("Google"). This makes it possible for data, sessions and interaction across multiple devices to be assigned to a pseudonymised user-ID, permitting the cross-device analysis of the activities of a user.

    Google Analytics makes use of cookies which are stored on your computer and enable the use of the website to be analysed. As a rule, the information relating to your use of this website generated by the cookie is transferred to a Google server in the USA, where it is saved. If IP address anonymisation has been activated on this website, Google will truncate your IP address within member states of the European Union or other states party to the Agreement on the European Economic Area. On behalf of the owner of this website, Google will use this information to evaluate your usage of the website, to compile reports on the website activities, and to perform further services relating to the use of the website and Internet for the website owner.

    To do this, the following data concerning you is processed: 
     
    1.  The user's IP address
    2. Date and time of access 
    3. Login information 
    4. Amount of data transferred 
    5. Enquiring domain 
    6. Equipment type, model, brand, screen resolution 
    7. Operating system, versions, families 
    8. Browser, version, configuration, engines, plugins, language, language code 
    9. Location data 
    10. Provider details 
    11. Pages per visit, number of visits, repeat visits, time of visit, date of visit 
    12. Entry pages, exit pages, page URL, title of page, search items, downloads 
    13. Search engines, search item, websites, social networks 
    14. Campaigns, campaign key word 

      The IP address sent by your browser via Google Analytics is not merged with other data by Google.
       
  2. Legal basis for the processing of personal data 
    The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 point a of the GDPR and the analogous provisions in accordance with the applicable data protection legislation.
     
  3. Purpose of data processing

    The purpose behind the use of the web analytics service is to analyse and make regular improvements to the use of our website. The statistics obtained enable us to improve our services and make them more interesting to you, our users. For the exceptional cases in which personal data is transferred to the USA, Google submits to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework or the CH-US Privacy Shield, https://www.privacyshield.gov/welcome.

    These purposes are also in our legitimate interests in data processing under Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions pursuant to applicable data protection legislation as the legal basis.

  4. Storage duration, right to object and right of elimination

    Any data that is sent by Google and linked with cookies, user authentication (e.g. user ID) or advertising IDs is automatically deleted after 14 months. According to Google, data which has come to the end of its storage period is automatically deleted once a month. We draw your attention to the fact that we have no influence over how long data is stored by Google.

    You can prevent cookies from being stored by adjusting your browser software accordingly; we would, however, like to draw your attention to the fact that if you do so, this might possibly result in your not being able to use all the functions offered on this website to the full. Further, you can prevent the acquisition of the data generated by the cookie and relating to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available on the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

    Opt-out cookies prevent the future acquisition of your data when visiting this website. To prevent acquisition across multiple devices by Universal Analytics, you will have to activate the opt-out for all systems in use. Click here to set the opt-out cookie: tools.google.com/dlpage/gaoptout

    This website uses Google Analytics with the "_anonymizeIp()" function. This ensures that IP addresses are processed in truncated form, making it impossible to trace them to a specific user. Should the data about you that has been collected produce a direct personal link, this is immediately blocked, so the personal data is instantly deleted.
     

    Information on the third-party provider

    Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.

    The conditions of use can be found on: https://marketingplatform.google.com/about/analytics/terms/us/.
    A data privacy summary can be found at:  https://policies.google.com/?hl=en-US , and a data privacy statement at: https://policies.google.com/privacy?hl=en-US .

    To this purpose, we have also entered into a data processing contract with Google. 

  5. Use of Google Tag Manager
    We use Google Tag Manager. Google Tag Manager is a solution that enables marketers to manage website tags via one interface. The Tool Tag Manager itself, which implements the tags, is a cookie-free domain and does not collect any personal data. The tool triggers other tags that under certain circumstances may themselves collect data. Google Tag Manager does not access this data. If deactivation has been effected at domain or cookie level, it will remain in force for all tracking tags implemented with Google Tag Manager. More information can be found here: http://www.google.de/tagmanager/use-policy.html

    Click here for exclusion from data collection by the Google Tag Manager.
     

The webtracking on this page is

 

X. Integration of Google Maps

  1. Description and extent of data processing

    We use the Google Maps service on this website. This enables us to display interactive maps directly on the website, making it easy and convenient for you to use the map function.

    Should you visit the website, Google receives the information that you have activated the corresponding subpage of our website. In addition, the following data is transmitted:

    (1)    IP address of the accessing computer 
    (2)    Date and time of enquiry
     

    This happens regardless of whether or not Google has provided a user account by means of which you have logged on. If you have logged on to Google, your data is assigned directly to your account. If you do not wish the data to be assigned to your profile with Google, you must log out before clicking on the link. 

    Further, depending on what settings the user has made, it is even possible for Google to collect location data. However, your consent to such data being used is always necessary, and you can refuse to let Google have this in your response to the query. 

    Further information concerning the purpose and scope of data acquisition and its processing by the plugin provider can be found in the provider's data privacy statements, where you will also find additional information on your rights in this respect and setting options to protect your private sphere:

    https://policies.google.com/privacy?hl=en&gl=en
    Google also processes your personal data in the USA, and submits to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

  2. Legal basis for data processing 
    The legal basis for processing is Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions in accordance with the applicable data protection legislation.
     
  3. Purpose of data processing
    Google stores your data as usage profiles, which it then uses for advertising or market research purposes, and/or the needs-based design of its website. An analysis of this type is carried out (even for users who have not logged on) in particular to provide needs-based advertising, and to inform other people using the social network of your activities on our website.
     
  4. Storage duration
    We have no influence on the data collected and data processing operations, nor do we know the full extent of data acquisition, the purposes for which it is processed, or storage periods. Likewise, we have no information regarding the deletion by Google of any data collected.
     
  5. Right to object and right of elimination
    To prevent data from being assigned to an existing profile with Google, log out before activating the link. You have the right to object to the creation of these user profiles, and to exercise this right, you must contact Google.

XI. Use of Google Web Fonts

  1. Description and extent of data processing
    We use the web fonts provided by Google to ensure that font types are shown consistently. When you call up a page, your browser loads the required web fonts into its browser cache so that texts and fonts are displayed correctly. If your browser does not support web fonts, a default font from your computer is used.

    No cookies are set when you call up the page. Data transmitted in connection with the page view is sent to resource-specific domains such as fonts.googleapis.com or fonts.gstatic.com. It is not brought into contact with data that might be collected or used in connection with the parallel use of authenticated Google services such as Gmail.
     
  2. Legal basis for data processing
    The legal basis for processing is Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions in accordance with the applicable data protection legislation.
     
  3. Purpose of data processing
    Google Fonts is a freely available library of over 800 fonts. Google Fonts allows us to present our website to the user in an attractive design and in the same quality across all devices. This is the only way of making it technically possible for all visitors to our homepage to have a consistent and pleasant user experience. This purpose is also in our legitimate interests in the processing of personal data under Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions in accordance with the applicable data protection legislation.
     
  4. Storage duration, right to object and right of elimination
    We have no influence on the data collected and data processing operations, nor do we know the full extent of data acquisition, the purposes for which it is processed, or storage periods. Likewise, we have no information regarding the deletion by Google of any data collected.

    For more information on Google Web Fonts see https://developers.google.com/fonts/faq and Google's data privacy statement: https://www.google.com/policies/privacy/

XII. INTEGRATION OF YOUTUBE VIDEOS (VIA PLUGIN)

  1. Description and extent of data processing

    We have integrated YouTube videos into our online service; these are stored at www.YouTube.com and can be played directly from our website. These are all embedded in “enhanced privacy mode,” which means that no data about you as a user is transferred to YouTube unless you play the videos. The data mentioned below will not be transmitted until you play the videos. We have no influence on this data transmission.

    Should you visit the website, YouTube receives the information that you have activated the corresponding subpage of our website. In addition, the following data is transmitted:

    (1)    The user’s IP address
    (2)    Date and time of access
    (3)    Login information
    (4)    Amount of data transferred
    (5)    Enquiring domain
    (6)    Equipment type, model, brand, screen resolution
    (7)    Operating system, versions, families
    (8)    Browser, version, configuration, engines, plugins, language, language code
    (9)    Location data
    (10)    Provider details

    This happens regardless of whether or not YouTube has provided a user account by means of which you have logged on. If you have logged on to Google, your data is assigned directly to your account.
     
  2. Legal basis for data processing
    The legal basis for processing is Art. 6 para. 1 p. 1 point f of the GDPR and the analogous provisions in accordance with the applicable data protection legislation.
     
  3. Purpose of data processing
    YouTube stores your data as usage profiles, which it then uses for advertising or market research purposes, and/or the needs-based design of its website. An analysis of this type is carried out (even for users who have not logged on) in particular to provide needs-based advertising, and to inform other people using the social network of your activities on our website.
     
  4. Storage duration, right to object and right of elimination
    If you do not wish the data to be assigned to your profile with YouTube, you must log out before activating the button. You have the right to object to the creation of these user profiles, and to exercise this right, you must contact YouTube.

    Further information concerning the purpose and scope of data acquisition and its processing by YouTube can be found in the data privacy statement, where you will also find additional information on your rights and setting options to protect your private sphere: https://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA, and submits to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

 XIII. Rights of Data Subject
If personal data concerning you is processed, you are the data subject as defined in the GDPR, and the analogous provisions pursuant to applicable data protection legislation and have the following rights against the data controller:

  1. Right to information

    You can ask the controller to provide you with confirmation as to whether or not personal data concerning you is processed by us. 

    If such processing is being undertaken, you can ask the controller to provide you with information concerning the following:

    (1)    The purposes for which the personal data is processed; 
    (2)    The personal data categories which are processed; 
    (3)    The recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed; 
    (4)    The planned storage duration of the personal data concerning you or, if it is not possible to provide concrete information on this point, criteria for defining the storage duration and the guarantee that such information / data shall not be retained for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force;
    (5)    The existence of a right to correct or delete the personal data concerning you, a right to limit processing by the controller, or a right to object to such processing;  
    (6)   The existence of a right to lodge a complaint with the Grievance Officer or a supervisory authority (as the case may be);
    (7)   The right to restrict transfer of data to another country; 
    (8)    All available information concerning the origin of the data, if the personal data was not acquired from the data subject him or herself; 
    (9)    The existence of automated decision-making and profiling in accordance with Art. 22 para. 1 and 4 of the GDPR and – at least in these cases – meaningful information on the logic involved and the implications and intended impact of such processing for the data subject.

    You have the right to request information on whether or not the personal data concerning you is transmitted to a third country or international organisation. In this context, you may ask for information on appropriate guarantees in accordance with Art. 46 of the GDPR and the analogous provisions pursuant to applicable data protection legislation relating to the transmission of data.
     
  2. Right to correction
    You have a right to have the controller correct or complete any personal data concerning you which, having been processed, is either incorrect or incomplete. The data controller must carry out any corrections without undue delay.
     
  3. Right to restrict processing
    Subject to the following conditions, you can request that processing of the personal data concerning you be restricted:

    (1)    If you dispute the accuracy of the personal data concerning you for a period which allows the controller to check the accuracy of the personal data; 
    (2)    the processing is unlawful and you refuse deletion of the personal data, instead requesting that use of the personal data be restricted; 
    (3)    the controller no longer needs the personal data for processing purposes, but you need it in order to establish, exercise or defend legal claims, or 
    (4)    if you have filed an objection to the processing of the data in accordance with Art. 21 para. 1 of the GDPR, and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons. 


    If the processing of the personal data concerning you has been restricted, then, storage aside, this data may only be processed with your consent (insofar as legally required), or to establish, exercise or defend legal claims, or to protect the rights of another natural or legal person, or for reasons of substantial public interest on the basis of Union or Member State law or the applicable law of your jurisdiction (as the case may be).

    If processing has been restricted under the above-mentioned conditions, you will be informed by the controller before the restriction is lifted however such restriction shall be lifted only after remedying the reason for the restriction (as applicable).

  4. Right to deletion
     

    a)    Obligation to delete
    You can ask the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete this data without delay if one of the following reasons applies:

    (1)    The personal data concerning you is no longer needed for the purposes for which it was collected or otherwise processed.
    (2)    You revoke or withdraw your consent, which served as the basis for processing in accordance with Art. 6 para. 1 lit. a or Art. 9 para. 2 point a of the GDPR or the analogous provisions in accordance with the applicable data protection legislation, and there is no other legal basis for the processing. 
    (3)    You file an objection to processing in accordance with Art. 21 para. 1 of the GDPR, and there are no overriding legitimate reasons for the processing, or you file an objection to processing in accordance with Art. 21 para. 2 of the GDPR and the analogous provisions pursuant to applicable data protection legislation. 
    (4)    The personal data concerning you has been unlawfully processed. 
    (5)    Deletion of the personal data concerning you is necessary in order to ensure compliance with a legal obligation under Union or Member State law or as per the applicable law to which the data controller is subject. 
    (6)    The personal data concerning you has been acquired in relation to the offer of information society services in accordance with Art. 8 para. 1 of the GDPR and the analogous provisions pursuant to applicable data protection legislation.

    b)    Information to third parties
    If the controller has made the personal data concerning you public, and is obliged to delete such data in accordance with Art. 17 para. 1 of the GDPR, then, taking into account the technologies available and implementation costs, he - the controller - applies appropriate measures, which may also be of a technical nature, to inform the people responsible for processing personal data that, as a data subject, you have requested that they should delete all links to this personal data as well as all copies or replications of this personal data. 

    c)    Exceptions
    The data subject does not have the right to have his or her data deleted if processing is necessary

    (1)    to exercise the rights to freedom of expression and freedom of information;
    (2)    to comply with a legal obligation calling for processing on the basis of Union or Member State law or as per the applicable law to which the controller is subject, or to perform 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 field of public health in accordance with Art. 9 para. 2 points h and i and Art. 9 para. 3 of the GDPR read with the analogous provisions in accordance with the applicable data protection legislation;
    (4)    for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 of the GDPR, and the analogous provisions pursuant to applicable data protection legislation insofar as the right set out in section a) is likely to render impossible or seriously impair the achievement of the purposes of this processing, or
    (5)    to establish, exercise or defend legal claims.

  5. Right to information

    If you have exercised your right to have the controller correct, delete or restrict the processing of your data, then the controller is obliged to inform all recipients to whom the personal data concerning you has been disclosed of such correction or deletion of the data or restriction of the processing, unless it proves impossible to do so or would involve unreasonable expense and effort.

    You are entitled to have the controller inform you of these recipients.

  6. Right to data portability
    You have the right to receive the personal data concerning you with which you have provided the controller in a structured, commonly used and machine-readable format. Further, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, providing that

    (1)    the processing is based on consent in accordance with Art. 6 para. 1 p. 1 point a of the GDPR read with the analogous provisions in accordance with the applicable data protection legislation or Art. 9 para. 2 point a of GDPR or basis a contract in accordance with Art. 6 para. 1 p. 1 point b of the GDPR, and the analogous provisions pursuant to applicable data protection legislation, or on a contract in accordance with Art. 6 para. 1 p. 1 point b of the GDPR and the analogous provisions pursuant to applicable data protection legislation, and
    (2)    the processing is carried out by automated means. 


    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. This shall not adversely affect the rights and freedoms of others.

    The right to data portability does not apply to processing of personal data 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 to object

    You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you which is based on Art. 6 para. 1 p. 1 point e or f of the GDPR and the analogous provisions pursuant to applicable data protection legislation; this also applies to profiling based on these provisions. 

    The controller will no longer process the personal data concerning you unless the controller can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves to establish, exercise or defend legal claims.
     

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

    Should you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

    In the context of the use of information society services – notwithstanding Directive 2002/58/EG and the analogous provisions pursuant to applicable data protection legislation – you are entitled to exercise your right to object by automated means using technical specifications.

  8. Right to withdraw declaration of consent under data protection law 
    You have the right to withdraw your declaration of consent to the processing of personal data at any time. The withdrawal of consent shall not affect the lawfulness of processing based on your consent before its withdrawal.
     
  9. Right to restrict disclosure of data / information
    You have the right to restrict disclosure of information to a third party if your prior consent for such disclosure to a third party is not taken unless such disclosure has been agreed to in the contract between us, or where the disclosure is necessary for compliance of a legal obligation.

  10. Right to restrict transfer of data / information

    You have the right to restrict the transfer of information by us to any other body corporate or a person in India, or located in any other country, that does not ensure the same level of data protection that is adhered to by us as provided for under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. The transfer may be allowed only if it is necessary for the performance of the lawful contract between us, or any person acting on our behalf and you, or where you have consented to such data transfer.

  11. Automated individual decision-making, including profiling 

    You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects that concern you or significantly affects in a similar way.

    This does not apply if the decision

    (1)    is necessary for entering into or the performance of a lawful contract between you and the data controller,
    (2)    is authorised by Union or Member State law or as per the applicable law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and your legitimate interests, or
    (3)    is made with your explicit consent. 

    These decisions must not, however, be based on special categories of personal data referred to in Art. 9 para. 1 of the GDPR and the analogous provisions pursuant to applicable data protection legislation, unless Art. 9 para. 2 point a or g and the analogous provisions pursuant to applicable data protection legislation apply, and suitable measures have been undertaken to safeguard your rights and freedoms and your legitimate interests.

    With regard to the cases described in points (1) and (3), data controller will implement suitable measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
     
  12. 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 concerning you infringes the GDPR and the analogous provisions pursuant to applicable data protection legislation.

    The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy in accordance with Art. 78 of the GDPR and the analogous provisions pursuant to applicable data protection legislation.

    Version: May 2020

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