5 June, 2019

Information on the Exercise of Rights

As you know, the General Data Protection Regulation, in addition to the rights already recognized in relation to your personal data, establishes new rights and expands the content of any of the above.

Right to withdraw consent, at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.

Right of access: to know if we are dealing with your personal data or not. And in the case that they are being treated, it allows you to obtain the following information:

  • A copy of your personal data that is the object of the treatment
  • The purposes of treatment
  • The categories of personal data that are treated
  • Recipients or categories of recipients to whom the personal data were communicated or will be communicated, in particular, recipients in third countries or international organizations
  • The expected period of conservation of personal data, or if it is not possible, the criteria used to determine this term
  • The existence of the right of the interested party to request from the person responsible: the rectification or suppression of their personal data, the limitation of the processing of their personal data or to oppose that treatment
  • The right to file a claim with a Control Authority
  • When personal data has not been obtained directly from you, any information available about its origin
  • The existence of automated decisions, including the elaboration of profiles, and at least in such cases, significant information on the logic applied, the importance and expected consequences of that treatment for the interested party
  • When personal data are transferred to a third country or an international organization, you have the right to be informed of the appropriate guarantees in which the transfers are made.

Model for the exercise of the right of access.

Right to rectification: The exercise of this right assumes that you can obtain the rectification of your personal data that is inaccurate without undue delay of the data controller.

Taking into account the purposes of the processing, you have the right to complete incomplete personal data, including by means of an additional declaration. In your request you must indicate what data you are referring to and the correction that must be made. In addition, when necessary, you must accompany your request for documentation that justifies the inaccuracy or incompleteness of your data.

Model for the exercise of the right of rectification.

Right of opposition: This right, as the name suggests, means that you can oppose EADTrust processing personal data in the following cases:

  • When they are subject to treatment based on a mission of public interest or in the legitimate interest, including profiling:
  • EADTrust will stop processing the data unless it proves compelling reasons that prevail over the interests, rights and freedoms of the interested party, or for the formulation, exercise or defense of claims.
  • When the treatment is aimed at direct marketing, including also the elaboration of profiles previously mentioned:
  • Exercised this right for this purpose, personal data will no longer be processed for such purposes.

Model for the exercise of the right of opposition.

Right of withdrawal (or right to be forgotten): You can exercise this right before EADTrust requesting the deletion of your personal data when any of the following circumstances occur:

  • If your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • If the processing of your personal data has been based on the consent provided by EADTrust, and withdraws it, provided that the aforementioned treatment is not based on another cause that legitimizes it.
  • If you have opposed the processing of your personal data when exercising the right of opposition in the following circumstances.
  • The treatment carried out by EAD Trust the legitimate interest or the fulfillment of a mission of public interest, and no other reasons have prevailed to legitimize the processing of your data.
  • To have your personal data subject to direct marketing, including tasks related to the marketing citadel.
  • If your personal data have been treated unlawfully.
  • If your personal data must be deleted for the fulfillment of a legal obligation established in the law of the Union or of the Member States that applies to the controller

Model for the exercise of the right of suppression.

The RGPD connects this right with the so-called “right to oblivion“, extending the right of suppression in such a way that, if EADTrust had made its data public, it would be obliged to indicate to those responsible for the treatment who are treating such personal data that suppress all link to them, or copies or replicas of such data.

This right to be forgotten has a series of limitations when:

– the treatment is necessary for the exercise of freedom of expression and information

– for the fulfillment of a legal obligation, for the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the person responsible,

– for reasons of public interest,

– are necessary for the purposes of archiving public interest, scientific or historical research purposes or statistical purposes or

– are necessary for the formulation, exercise or defense of claims.

Right to the limitation of the treatment: with this new right, you can obtain the limitation of the treatment of the data that EADTrust carries out. Its exercise can be done in two ways:

  • Requesting the deletion of your data:
  • When you challenge the accuracy of your personal data, for a period that allows the person responsible for verification.
  • When you have opposed the processing of your personal data that EADTrust performs based on legitimate interest or public interest mission, while EADTrust verifies if these reasons prevail over yours.
  • Requesting EADTrust the conservation of your data:
  • When the treatment is illegal and has opposed the deletion of your data and instead requests limitation of its use.
  • When EADTrust no longer needs personal data for the purposes of the treatment, but the interested party needs them for the formulation, exercise or defense of claims.

Model for exercising the right to limit treatment.

Right to portability: this right allows you to receive your personal data in a structured, mechanically readable and interoperable format, provided that the treatment is based on consent or within the framework of the execution of a contract.

You can download here the model for the exercise of the right to the portability of the data.

Right not to be the subject of individualized automated decisions: this right will not be applicable for the treatments carried out by EADTrust, since individualized automated decisions will not be taken that have legal effect based on the profiles we make.

You can exercise these rights and, in general, consult all questions relating to the processing of your personal data, before the Data Protection Manager, by sending the corresponding model to the right you wish to exercise by email to dpd@eadtrust.eu or by mail to the attention of the Data Protection Manager. You must provide a copy of your ID or official document proving your identity.

You can also submit a claim to the Spanish Agency for Data Protection from the following link.