9. YOUR RIGHTS REGARDING your PERSONAL DATA

a) Right to confirmation

You have the right to obtain confirmation from us as to whether or not personal data concerning you is being processed. If you wish to avail yourself of this right of confirmation, you may, at any time, contact the Responsible Person as stated in section 3 of this Privacy Policy.

b) Right to access

You have the right to obtain from us the information about your personal data stored at any time and a copy of this information. Furthermore, you will have access to the following information:

  • the purposes of the processing;

  • the categories of personal data concerned;

  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries;

  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

  • the existence of the right to request from us rectification or erasure of personal data, or restriction of processing of personal data concerning you, or to object to such processing;

  • the existence of the right to lodge a complaint with a supervisory authority;

  • where the personal data are not collected directly from you, any available information as to their source; and

  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for you.

If you wish to avail yourself of this right of access, you may at any time contact the Responsible Person as stated in section 3 of this Privacy Policy.

c) Right to rectification

You have the right to obtain from us, without undue delay, the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If you wish to exercise this right to rectification, you may, at any time, contact the Responsible Person as stated in section 3 of this Privacy Policy.

d) Right to erasure (right to be forgotten)

You have the right to obtain from us the erasure of personal data concerning you as soon as possible, and us shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  • The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed;

  • You withdraw consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing;

  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR;

  • The personal data has been unlawfully processed;

  • The personal data must be erased for compliance with a legal obligation in accordance with the applicable law to which APPICS AG is subject; and/or

  • The personal data has been collected in relation to the offer of information society service referred to in Article 8(1) of the GDPR.

If any one of the aforementioned reasons applies, and you wish to request the erasure of personal data stored by usew, you may at any time contact the Responsible Person as stated in section 3 of this Privacy Policy. The Responsible Person at APPICS AG shall promptly ensure that the erasure request is complied as soon as possible.

e) Right to restriction of processing

You have the right to obtain from us restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;

  • The processing is unlawful and you oppose the erasure of the personal data and requests instead the restriction of their use instead;

  • We no longer need the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defense of legal claims; and/or

  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of APPICS AG override those of the data subject.

If any one of the aforementioned conditions is met, and you wish to request the restriction of the processing of Personal Data stored by us, you may at any time contact our Responsible Person. The Responsible Person will arrange the restriction of the processing.

f) Right to object

You have the right to object, on grounds relating to your particular situation, at any time, to the processing of personal data concerning you, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

APPICS AG shall no longer process the personal data in the event of the objection, unless we can demonstrate reasonable grounds for the processing, which override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims. In order to exercise the right to object, you may directly contact the Responsible Person.

g) Right to data portability

You have the right to receive the personal data concerning you, which was provided to APPICS AG, in a structured, commonly used and machine-readable format. You shall have the right to transmit those data to another controller without hindrance from us to which the personal data has been provided, as long as the processing is based on consent pursuant to article 6 (1) GDPR or point (a) of article 9 (2) GDPR, or on a contract pursuant to point (b) of article 6 (1) GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest.

Furthermore, in exercising your right to data portability pursuant to article 20 (1) GDPR, you shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, you may at any time contact the Responsible Person according to section 3.

h) 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 concerning you, or similarly significantly affects you, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between you and us, or (2) is not authorized by the applicable law and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or (3) is not based on your explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between you and us, or (2) it is based on your explicit consent, we shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and contest the decision.

Please note that APPICS AG and APPICS platform do not currently use automatic decision-making but we may use profiling according to these Privacy Policy rules or implement automatic decision-making at a later time.

If you wish to exercise the rights concerning automated individual decision-making, you may, at any time, contact the Responsible Person.

i) Right to withdraw data protection consent

You have the right to withdraw your consent to processing of your Personal Data at any time.

If you wish to exercise the right to withdraw the consent, you may at any time directly contact the Responsible Person as stated in section 3.

Please note that this action may lead to the closure and/or deletion of your account with or without prior notice.

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