Individual rights

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The GDPR provides the following rights for individuals:

  • Information
    • Receive information about the information we collect and process
    • Obtain that information in a clear, simple, and transparent manner

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  • Access
    • The personal data our company has on you
    • Receive that information in an easy-to-read and timely manner

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  • Rectification
    • Request the alteration of any personal data our company holds on you that is inaccurate

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  • Erasure / be forgotten
    • Data subjects have the right for their data to be erased where:
      • the personal data is no longer necessary in relation to the purpose for which it was collected/processed;
      • the data subject withdraws their consent or objects to the processing and there are no overriding legitimate interest to continue processing;
      • the personal data was unlawfully processed or has to be erased in order to comply with a legal obligation; or
      • the personal data is processed in relation to the offer of information society services to a child.
    • You can refuse to erase a data subject’s personal data where it is processed:
      • to exercise a right of freedom of expression and information;
      • to comply with a legal obligation or for the performance of a task of public interest;
      • for the exercise or defence of legal claims; or
      • for purposes relating to public health, archiving in the public interest, scientific/historic research or statistics.
    • If you have disclosed the personal data to third parties then you must inform them about the erasure of the personal data.

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  • Restrict processing
    • Data subjects have the right to restrict the processing of personal data where:
      • they have contested its accuracy;
      • they have objected to the processing and you are considering whether you have a legitimate ground which overrides this;
      • processing is unlawful;
      • you no longer need the data but the data subject requires it to establish, exercise or defend a legal claim.
    • If you have disclosed the personal data to third parties then you must inform them about the erasure of the personal data.

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  • Data portability
    • The right to data portability allows data subjects to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability.
    • It enables consumers to take advantage of applications and services which can use this data to find them a better deal, or help them understand their spending habits.
    • The right to data portability only applies:
      • to personal data a data subject has provided to a controller;
      • where the processing is based on consent or the performance of a contract; and
      • where processing is carried on by automated means.
    • You must provide the personal data in a structured, commonly used and machine readable form (e.g. CSV files).
    • If the individual requests it, you may be required to transmit the data directly to another organisation if this is technically feasible.
    • You must comply with the data subject’s request free of charge and within one month. This can be extended to 2 months where the request is complex or if you receive a number of requests.

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  • Object
    • Data subjects have the right to object to:
      • processing based on legitimate interests, the performance of a task in the public interest or the exercise of official authority (including profiling);
      • direct marketing (including profiling); and
      • processing for scientific/historic research or statistics.
    • You must inform data subjects of their right to object as soon as possible.
    • Where the data subject objects to direct marketing you must do so immediately. There are no exemptions or grounds to refuse.
    • Where a data subject otherwise objects to you processing their personal data then you must comply with this request unless you can demonstrate overriding compelling legitimate grounds to continue processing or that the processing is for the establishment, exercise or defence of legal claims.

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