RIGHTS OF THE DATA SUBJECT
Within the meaning of Article 12 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the ‘GDPR’)
provided to the data subject by the controller: Mareena, with a registered office at: Kulíškova 1015/19, 82108 Bratislava-Ružinov, Slovak Republic, registration number: 50760611 (hereinafter referred to as the ‘controller’)
Within the meaning of Article 12(1) of the GDPR the controller, i.e. the subject which processes personal data of the data subject for specific purposes, shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means.
In relation to the above the controller hereby provides the following information to the data subject:
Within the meaning of the GDPR, the data subject is any person whose personal data is being processed (for example, staff members of the controller, persons participating in the activities organised by the controller, employees of the controller, etc.). The GDPR defines a set of data subject rights in order to ensure the protection of the processed personal data. The controller shall ensure that the data subject may exercise those rights and, in addition, the controller shall participate in the application of his or her rights.
Those rights include:
the right to be informed and the right to access personal data, which means that the data subject shall be provided a specific amount of information about the retrieval of personal data (which may be found on the website www.mareena.sk, in the section Protection of personal data, under Principles relating to processing and protection of personal data). In addition, the data subject shall be given the opportunity to access his or her personal data on the grounds of specified conditions;
the data subject shall have the right to obtain from the controller confirmation whether her or his personal data are being processed and information related thereto;
right to rectification, which means that the data subject shall have the right to demand the rectification of inaccurate personal data concerning him or her from the controller and the right to have incomplete personal data completed. Pursuant to the right to 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, where one of the following grounds applies (for example, the personal data are no longer necessary in relation to the purposes for which they were collected; the data subject withdraws consent on which the processing is based, etc.);
the data subject shall have the right to restriction of processing of his or her personal data under the specified conditions;
in relation to the rectification, erasure and restriction of processing of personal data, the data subject shall have the right to be notified about any recipient to whom the personal data have been disclosed;
the data subject shall have the right to data portability. Where possible, the controller shall provide personal data to the data subject in a manner which enables transmitting those data to another controller (in a structured, commonly used and machine-readable format). If appropriate, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible;
the data subject shall have the right in the cases referred to in points (e) or (f) of Article 6(1) of the GDPR (namely, when processing of personal data is necessary for the performance of a task carried out in the public interest, in the exercise of official authority vested in the controller, or on grounds of the legitimate interests of a controller or a third party) to object to the processing of personal data;
data subject shall have the right to object to automated individual decision-making, including profiling (provided that the automated individual decision-making takes place), which means that the data subject shall not be a subject to a decision based solely on automated processing without a human intervention;
the data subject shall have the right to object to processing of personal data for direct marketing purposes;
the data subject shall also have the right to be notified by the controller about a personal data breach, without undue delay, where that personal data breach is likely to result in a high risk to his or her rights in a clear and plain language.
Considering that the above is only a brief specification of data subject rights, in relation to the needs of the data subject, the controller states below the full set of rights of the data subject pursuant to Articles 15 to 22 and Article 34 of the GDPR.
Information and access to personal data
I. Information to be provided where personal data are collected from the data subject
1. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:
- the identity and the contact details,
the contact details of the data protection officer, if any,
the purposes of the processing for which the personal data are intended as well as the legal basis for the processing,
where the processing is based on point (f) of Article 6(1) of the GDPR, the legitimate interests pursued by the controller or by a third party,
the recipients or categories of recipients of the personal data, if any,
where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available.
2. In addition to the information referred to in paragraph 1, the controller shall at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing:
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period,
the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability,
where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal,
right to lodge a complaint with a supervisory authority,
whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data,
existence of automated individual decision-making, including profiling referred to in Article 22(1) and (4) 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.
3. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
4. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.
II. Information to be provided where personal data have not been obtained from the data subject.
1. Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information:
the identity and the contact details of the controller and, where applicable, of the controller's representative,
the contact details of the data protection officer,
the purposes of the processing for which the personal data are intended as well as the legal basis for the processing,
the categories of personal data concerned,
the recipients or categories of recipients of the personal data, if any,
where applicable, that the controller intends to transfer personal data to a recipient in a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available.
2. In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period,
where the processing is based on point (f) of Article 6(1) of the GDPR, the legitimate interests pursued by the controller or by a third party,
the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability,
where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal,
right to lodge a complaint with a supervisory authority,
from which source the personal data originate, and if applicable, whether it came from publicly accessible sources,
existence of automated individual decision-making, including profiling referred to in Article 22(1) and (4) 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.
3. The controller shall provide the information referred to in paragraphs 1 and 2:
within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed,
if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject, or
if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.
4. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
5. Paragraphs 1 to 4 shall not apply where and insofar as:
the data subject already has the information,
the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available,
obtaining or disclosure is expressly laid down by Union or Member State law to which the controller is subject and which provides appropriate measures to protect the data subject’s legitimate interests, or
where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy.
III. Right of access by the data subject
1. 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, and, where that is the case, access to the personal data and the following information:
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 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 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,
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,
existence of automated individual decision-making, including profiling referred to in Article 22(1) and (4) 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.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Rectification and erasure
IV. Right to rectification
1. 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.
V. Right to erasure (‘right to be forgotten’)
1. 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 were collected or otherwise processed,
the data subject withdraws consent on which the processing is based, and where there is no other legal ground for the processing,
the data subject objects to processing of personal data according 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 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 Article 8(1) of the GDPR.
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, 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.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
for exercising the right of freedom of expression and information,
for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller,
for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) of the GDPR,
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
for the establishment, exercise or defence of legal claims.
VI. Right to restriction of processing
1. 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 defence of legal claims,
the data subject has objected to processing of personal data according to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
VII. Notification obligation regarding rectification or erasure of personal data or restriction of processing
1. The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
VIII. Right to data portability
1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a 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, where:
the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, or on the contract pursuant to point (b) of Article 6(1) of the GDPR, and
the processing is carried out by automated means.
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17 of the GDPR. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Right to object and automated individual decision-making
IX. Right to object
1. 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 point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed 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.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. 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.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), 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.
X. Automated individual decision-making, including profiling
1. 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 significantly affects him or her.
2. Paragraph 1 shall not apply if the decision:
is necessary for entering into, or performance of, a contract between the data subject and a data controller,
is authorised 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
is based on the data subject's explicit consent.
3. In the cases referred to in points (a) a (c) of paragraph 2 the data controller 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 decision.
4. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
XI. Communication of a personal data breach to the data subject
1. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.
2. The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3).
3. The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met:
the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption,
the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise,
it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
4. If the controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.
XII. Specific provisions
1. The controller shall facilitate the exercise of data subject rights. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights, unless the controller demonstrates that it is not in a position to identify the data subject.
2. The controller shall provide information on action taken on a request to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
3. If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
4. Information provided to the data subject and any communication and any actions taken shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either:
charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested,
or refuse to act on the request.
5. Where the controller has reasonable doubts concerning the identity of the natural person making the request, the controller may request the provision of additional information necessary to confirm the identity of the data subject.
