5. Accessing, changing and deleting data
You can view, correct and delete the personal data you entered on Rohde & Schwarz mobile apps at any time. You have also the right to object to the continued use of this data and to withdraw the consent you have given us.
To do so, simply sent an email to dataprotection@rohde-schwarz.com or contact the data protection officer (see section 1).
For the processing of your personal data, you are the data subject as defined in the European General Data Protection Regulation (EU-GDPR) and you have certain rights with respect to the responsible controller.
Rights of the data subject pursuant to the EU-GDPR
5.1 Right of access
5.2 Right to rectification
5.3 Right to restriction of processing
5.4 Right to erasure
5.5 Notification obligation
5.6 Right to data portability
5.7 Right to object
5.8 Right to withdraw the declaration of consent regarding data protection
5.9 Automated individual decision-making, including profiling
5.10 Right to lodge a complaint with a supervisory authority
5.11 Lawfulness of processing
5.1 Right of access
You have the right to obtain from the controller (see section 1) confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and the following information:
a. the purposes of the processing;
b. the categories of personal data concerned;
c. the recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed;
d. the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
f. the right to lodge a complaint with a supervisory authority;
g. where the personal data is not collected from the data subject, any available information as to its source;
h. the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) EU-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. You have the right to request information about whether your personal data was transferred to a third country or an international organization. Where this is the case, you can request to be informed of the appropriate safeguards pursuant to Article 46 EU-GDPR relating to the transfer.
5.2 Right to rectification
You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you. You have the right to have incomplete personal data completed.
5.3 Right to restriction of processing
You have the right to obtain from the controller restriction of processing where one of the following applies:
a. you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;
b. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
c. the controller no longer needs the personal data for the purposes of the processing, but you need it to establish, exercise or defend legal claims;
d. you have objected to processing pursuant to Article 21 (1) EU-GDPR and it is not yet certain whether the legitimate grounds of the controller override yours. Where processing of personal data concerning you has been restricted, this data, with the exception of storage, may only be processed with your consent or for the establishment, exercise or defense 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 European Union or of a Member State. If you obtained restriction of processing pursuant to the above points, you will be informed by the controller before the restriction of processing is lifted.
5.4 Right to erasure
5.4.1 You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and the controller has the obligation to erase the personal data without undue delay where one of the following grounds applies:
a. Your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
b. You withdraw consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) EU-GDPR and there is no other legal ground for the processing.
c. You object to the processing pursuant to Article 21(1) EU-GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) DS-GVO.
d. Your personal data has been unlawfully processed.
e. The personal data concerning you has to be erased for compliance with a legal obligation in Union law or Member State law to which the controller is subject.
f. The personal data concerning you has been collected in relation to the offer of information society services referred to in Article 8(1) EU-GDPR.
5.4.2 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, will 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, this personal data.
5.4.3 Paragraphs 5.4.1 and 5.4.2 will not apply to the extent that processing is necessary:
a. for exercising the right of freedom of expression and information;
b. 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;
c. 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) EU-GDPR;
d. 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 7.4.1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e. for the establishment, exercise or defense of legal claims.
5.5 Notification obligation
If you have asserted the right of rectification, erasure or restriction of processing to the controller, the controller will communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom your personal data has been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to request that the controller inform you about those recipients.
5.6 Right to data portability
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and you have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where:
a. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) EU-GDPR; and
b. the processing is carried out by automated means.
In exercising your right to data portability, you have the right to have the personal data 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 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.
5.7 Right to object
You have the right to object, on grounds relating your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) EU-GDPR, including profiling based on those provisions. The controller will no longer process your personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Where your personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
5.8 Right to withdraw the declaration of consent regarding data protection
Insofar as you have given your consent for reasons of data protection, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
5.9 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. This will not apply, if the decision:
a. is necessary for entering into, or performance of, a contract between you and a data controller;
b. is 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
c. is based on the data subject's explicit consent.
Decisions referred to in the points above are not based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) EU GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in points (a) and (c) of this section, the controller will 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 your point of view and to contest the decision.
5.10 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 relating to you infringes this Regulation.
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 pursuant to Article 78 EU-GDPR
5.11 Lawfulness of processing
If we obtain the data subject’s consent to the processing of his or her personal data, point (a) of Article 6(1) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for processing.
If processing of personal data is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, point b of Article 6(1) EU-GDPR serves as the legal basis for processing.
If processing of personal data is necessary for compliance with a legal obligation to which our company is subject, point (c) of Article 6(1) EU-GDPR provides the legal basis.
If processing is necessary in order to protect the vital interests of the data subject or another natural person, point (d) of Article 6(1) EU-GDPR provides the legal basis.
If the processing is necessary for the purposes of the legitimate interests of Rohde & Schwarz or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, then point (f) of Article 6(1) EU-GDPR serves as the legal basis for processing. The legitimate interest of our company lies in the performance of our business activities.
