Data Privacy

Rights of the Data Subject

a) Right to Confirmation

Every data subject has the right, as granted by European legislation, to request confirmation from the data controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact a representative of the data controller at any time.

b) Right of Access

Any individual whose personal data is being processed has the right to obtain, at any time and free of charge, information from the data controller regarding the personal data stored about them, as well as a copy of that information. Furthermore, European legislators have granted the data subject the right to access the following information:

the purposes of the processing

the categories of personal data being processed

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 organizations

if possible, the planned period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period

the existence of a right to have personal data concerning them rectified or erased, or to have processing restricted by the controller, or a right to object to such processing

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

if the personal data are not collected from the data subject: all available information regarding the origin of the data

the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in such cases—meaningful information regarding the logic involved, as well as the scope and intended consequences of such processing for the data subject

Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, they may contact a representative of the data controller at any time.

c) Right to Rectification

Any data subject whose personal data is being processed has the right to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data—including by means of a supplementary statement—taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectification, they may contact a representative of the data controller at any time.

d) Right to Erasure (Right to Be Forgotten)

Any data subject whose personal data is being processed has the right to request that the data controllers erase the personal data concerning him or her without delay, provided that one of the following grounds applies and provided that the processing is not necessary:

The personal data was collected or otherwise processed for purposes for which it is no longer necessary.

The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis 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 was processed unlawfully.

The erasure of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controllers are subject.

The personal data was collected in connection with information society services offered pursuant to Article 8(1) of the GDPR.

If any of the above reasons apply and a data subject wishes to request the erasure of personal data stored by the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA), they may contact a staff member of the data controller at any time. The staff of the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) will ensure that the request for erasure is complied with without delay.

If the personal data has been made public by the Institute for Environment & Energy, Technology & Analytics e. V. (IUTA) and our institute, as the controller pursuant to Article 17(1) of the GDPR, is obligated to erase the personal data, the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) shall take appropriate measures, including technical measures, taking into account available technology and the costs of implementation, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to such personal data or copies or replicas of such personal data, provided that the processing is not necessary. The staff of the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) will take the necessary steps on a case-by-case basis.

e) Right to Restriction of Processing

Any data subject whose personal data is being processed has the right to request that the controller restrict the processing if one of the following conditions is met:

The data subject disputes the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful, the data subject objects to the erasure of the personal data, and instead requests the restriction of the use of the personal data.

The controller no longer needs the personal data for the purposes of processing, but the data subject needs it to assert, exercise, or defend legal claims.

The data subject has objected to the processing pursuant to Art. 21(1) of the GDPR, and it has not yet been determined whether the controller’s legitimate interests outweigh those of the data subject.

If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA), they may contact staff members of the data controller at any time. The staff members of the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) will arrange for the restriction of processing.

f) Right to Data Portability

Every data subject whose personal data is being processed has the right to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the 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, when exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have their personal data transmitted directly from one controller to another, provided that this is technically feasible and does not infringe upon the rights and freedoms of others.

To exercise the right to data portability, the data subject may contact staff members of the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) at any time.

g) Right to Object

Any data subject whose personal data is being processed has the right, on grounds relating to their particular situation, to object at any time to the processing of personal data concerning them that is carried out pursuant to Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims.

If the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) regarding processing for direct marketing purposes, the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) will no longer process the personal data for these purposes.

In addition, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her that is carried out by the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact any employee of the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) or another employee directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures that use technical specifications.

h) Automated decisions in individual cases, including profiling

Every data subject whose personal data is being processed has the right not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning the data subject or similarly significantly affects the data subject, unless the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard the data subject’s rights and freedoms as well as legitimate interests; or (3) is based on the data subject’s explicit consent.

If the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, the Institut für Umwelt & Energie, Technik & Analytik e. V. (IUTA) take appropriate measures to safeguard the rights, freedoms, and legitimate interests of the data subject, including, at a minimum, the right to request human intervention by the controller, to present their own point of view, and to contest the decision.

If the data subject wishes to exercise rights related to automated decision-making, they may contact employees of the data controller at any time.

i) Right to Withdraw Consent Under Data Protection Law

Every data subject affected by the processing of personal data has the right, granted by European directives and regulations, to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may contact staff members of the data controller at any time.

Legal Basis for Processing

Article 6(1)(a) of the GDPR serves as the legal basis for our institution’s processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party—as is the case, for example, with processing operations required for the delivery of goods or the provision of other services or consideration—then the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of inquiries regarding our products or services. If our institution is subject to a legal obligation that requires the processing of personal data—such as to fulfill tax obligations—the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and, as a result, their name, age, health insurance information, or other vital information had to be disclosed to a doctor, a hospital, or other third parties. In that case, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations could be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, provided that the processing is necessary to safeguard a legitimate interest of our institution or a third party, unless the interests, fundamental rights, and fundamental freedoms of the data subject override those interests. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 of the GDPR).

Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business operations for the benefit of all our employees and shareholders.

Period for Which Personal Data Is Stored

The criterion for the period during which personal data is stored is the applicable statutory retention period. Once this period has expired, the relevant data is routinely deleted, provided it is no longer necessary for the performance or initiation of a contract.

Legal or contractual requirements regarding the provision of personal data; necessity for the conclusion of the contract; the data subject’s obligation to provide personal data; possible consequences of failure to provide such data

We would like to inform you that the provision of personal data is, in some cases, required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obligated to provide us with personal data when our institution enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, data subjects must contact one of our employees. Our employees will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, or is necessary for the conclusion of the contract; whether there is an obligation to provide the personal data; and what the consequences of failing to provide the personal data would be.

Use of Automated Decision-Making

As a responsible institution, we do not use automated decision-making or profiling.