a) Personal data Any information relating to an identified or identifiable natural person (‘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.
b) Data subject Any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means.
d) Restriction of processing The marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling Any form of automated processing of personal data consisting of the use of personal data to evaluate, analyze or predict certain personal aspects.
f) Pseudonymization Processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information.
g) Controller 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 nomination may be provided for by Union or Member State law.
h) Processor Natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient Natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. Public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party Natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent Any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
On the website of FEM Fatale users are given the opportunity to subscribe to our company’s newsletter. Which personal data are provided to the controller when ordering the newsletter is a function of the input screen used. Our company’s newsletter can be received by the data subject only if
(1) the data subject has a valid e-mail address, and
(2) the data subject has registered for sending of the newsletter.
For legal reasons a confirmation mail is sent to the e-mail address first provided by the potential subscriber following the double opt-in procedure. This confirmation e-mail serves to verify whether the owner of the e-mail address as data subject has authorized receipt of the newsletter. When registering for the newsletter we also store the IP address at the time of registration provided by the ISP of the data subject as well as the date and time of registration. This data must be collected in order to pursue possible misuse of the e-mail address of the data subject at a later time, and therefore serves as legal protection for the controller. The data collected as part of registering for the newsletter are used solely for sending our newsletter. No personal data collected as part of the newsletter service are shared with a third party. Subscription to our newsletter may be cancelled by the data subject at any time. Consent to store personal data which the data subject has shared for sending of the newsletter may be withdrawn at any time. A corresponding link is provided in each newsletter for the purpose of withdrawing consent. It is also possible to cancel the subscription to the newsletter directly on the website of the controller or to notify the controller by other means.
Rights of the data subject as granted by the European directive and regulation agencies
a) Right of access The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to make use of this right of access, he or she may contact an employee of the controller at any time.
b) Right of access The data subject shall have the right to obtain information at no charge and at any time concerning the personal data stored and to obtain a copy of this information. Access to the following information shall also be provided: The purposes of the processing The categories of personal data concerned The recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations 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 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 Art. 22 Par. 1 and 4 of the 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. Where personal data are transferred to a third country or to an international organization, the data subject shall have the right to be so informed. When this is the case, the data subject further has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to make use of this right to access, he or she can at any time do so by contacting any employee of the controller.
c) Right to rectification The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to make use of this right rectification, he or she can at any time do so by contacting any employee of the controller.
d) Right of erasure (‘right to be forgotten‘) The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: The personal data are no longer necessary in relation to the purposes for which they are collected or otherwise processed. The data subject withdraws consent on which the processing is based according to Art. 6 Par. 1 Point (a) GDPR or Art. 9 Par. 2 Point (a) GDPR, and where there is no other legal ground for the processing. The data subject objects to the processing pursuant to Art. 21 Par. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 Par. 2 GDPR. The personal data have been unlawfully processed. The personal data have to be erased for compliance with a legal obligation in Union 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 referred to in Art. 8 Par. 1 GDPR. If one of the above reasons applies and a data subject wishes to have his or her personal data which are stored at FEM Fatale GbR deleted, this can be accomplished at any time by contacting an employee of the controller. Where FEM Fatale GbR have made the personal data public and our company is obliged pursuant to Art. 17 Par. 1 GDPR to erase the personal data, FEM Fatale GbR shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data to the extent that they are not necessary for processing.
e) Right to restriction of processing The data subject shall have the right to obtain from the controller restriction 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 defense of legal claims. The data subject has objected to processing pursuant to Art. 21 Par. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the above conditions is met and a data subject would like to request restriction of processing of personal data stored by FEM Fatale GbR, he or she may any time contact any employee of the controller. The data protection deputy of FEM Fatale GbR or another employee will initiate restriction of processing.
f) Right to data portability The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to the controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. This shall apply where the processing is based on consent pursuant to Art. 6 Par. 1 Point (a) GDPR or Art. 9 Par. 2 Point (a) GDPR and the processing is carried out by automated means, presuming 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 his or her right to data portability pursuant to Art. 20 Par. 1 GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and to the extent that this is technically feasible and does not adversely affect the rights and freedoms of others. To assert the right to data portability the data subject may contact an employee at any time.
g) Right to object The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Art. 6 Par. 1 Point (e) or (f) GDPR, including profiling based on those provisions. FEM Fatale GbR shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims. Where FEM Fatale GbR process personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Art. 89 Par. 1 GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest. To exercise the right to object the data subject may turn directly to an employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly affects him or her, presuming the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is 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 is necessary (1) for entering into, or performance of, a contract between the data subject and a data controller, or (2) is based on the data subject’s explicit consent, FEM Fatale GbR 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 the part of the controller, to express his or her point of view and to contest the decison. To assert his or her rights with respect to automated decision-making, the data subject may contact an employee at any time. i) Right to withdraw consent Every data subject shall have the right to withdraw his or her consent at anytime. To exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller responsible for the processing.