Right to erasure (or “right to be forgotten”)
A data subject shall have the right to obtain from the Identalia Group the erasure of personal data concerning him or her without undue delay and the Identalia Group 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 for 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 the processing and there are no overriding legitimate grounds for the processing, or the data subject objects to the data processing for direct marketing purposes
- the personal data have been unlawfully processed
- the personal data have to be erased for compliance with a legal obligation in European Union law or the law of the Republic of Croatia.
Right to access to data
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, the right of 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 recipients to whom the personal data have been or will be disclosed, in particular the 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
- 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
- existence of automated decision-making, including profiling and, at least in such cases, meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.
If the personal data are transferred to a third party or to an international organisation, the data subject shall have the right to be informed about appropriate safeguards provided for such transfer under the terms referred to in Article 46.
The Identalia Group 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. The right to obtain a copy shall not adversely affect the rights and freedoms of others.
Right to rectification
The data subject shall have the right to obtain from the Identalia Group 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.
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 Identalia Group, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller where the processing is based on consent or on a contract and the processing is carried out by automated means. This right to data portability shall apply solely to the data subject personal data.
Right to object
The data subject shall have the right to object at any time to processing of personal data concerning him or her. The Identalia Group shall no longer process the personal data unless it demonstrates compelling legitimate reasons for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where the personal data are processed for direct marketing purposes, the data subject shall have the right at any time to object to the processing of personal data concerning him or her for the purpose of such marketing and the Identalia Group shall no longer process the personal data for the purpose of direct marketing.
Right to restriction of processing
The data subject shall have the right to obtain from the Identalia Group 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 to erasure of the personal data and requests the restriction of their use instead;
- the Identalia Group 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 pending the verification whether the legitimate grounds of the Identalia Group override those of the data subject.
Right to complaint
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement, if the data subject considers that the processing of personal data relating to him or her infringes the Regulation.