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Laguna Palace Laguna Faro

Privacy

PRIVACY POLICY PURSUANT TO ART. 13 OF EU REGULATION 2016/679

With this privacy policy Riva Brioni S.r.l., Data Controller pursuant to art. 4 of the EU Regulation 2016/679, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "EU Regulation"), informs, pursuant to art. 13, all those who visit this website on how your personal data will be used and processed.


Definitions
By "personal data"(ex art. 4 number 1 of EU Regulation 2016/679): any information relating to an identified or identifiable natural person ("data subject"); an identifiable person is one who can be identified, directly or indirectly, by reference in particular to an identifier such as a name, an identification number, location data, an online identifier or to one or more features of his or her physical, physiological, genetic, mental, economic, cultural or social identity.

"Processing", (ex Article 4 number 2 of the EU Regulation 2016/679), means any operation or set of operations, performed with or without the help of automated processes and applied to personal data or sets of personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, comparison or interconnection, restriction, erasure or destruction.


Who is the Data Controller? And where can I contact him?

HOTEL LAGUNA PALACE
Company name: Riva Brioni S.r.l.
Registered office address: Riva Brioni, n. 17 - 34073 Grado (GO)
Telephone contact details: +(39) - 0431 85612
Email contact details: info@lagunapalacehotel.it


Processing of personal data relating to customers

Personal data collected
The personal data collected are essentially inherent to:
Identification data (name or company name, i.e. name and surname of natural person, head office address, telephone, fax, e-mail, tax data, etc.);
Payment data (credit card number, bank details, billing address, etc.). These are provided by the data subject (in its broadest sense) directly.
Any 'special' data, including: Data concerning health (e.g. allergies or disabilities).


Purposes of processing
The purposes of the processing of personal data are as follows
fulfilment of obligations provided for by laws, regulations, Community legislation, or provisions issued by Authorities and Supervisory and Control Bodies in relation to or in any case connected to the existing and/or future legal relationship

the management and execution of bookings and related payments, as well as the organisation of spaces, events and services offered by the hotel (including, but not limited to, catering services, spaces set aside for sports and wellness activities, wi-fi, reserved parking spaces, spaces set aside for particular health conditions, etc.)

asserting and defending one's rights, including in connection with the collection of payments and debt collection;

any external professional collaborations for the fulfilment of legal obligations; internal statistical analyses in aggregate form, including through the completion of questionnaires and surveys related to our service;

security needs of staff, customers and workplaces and protection of company assets;

Use of the photographic and audiovisual material acquired at events organised by the hotel for publication on websites or social networks and in magazines, books, brochures, booklets and digital documents and the related identification data for the fulfilment of legal obligations (see attached release);

Sending of informative, promotional and commercial communications by email, sms, mms, whatsapp, fax and telephone calls.

The following table specifies for each of the purposes identified above the legal basis, the categories of personal data and the relevant retention period:

Purposes of the processing for which the personal data are intended
Legal basis of the processing
Categories of personal data being processed
Period of retention of personal data
Categories of recipients*

Purpose 1
Legal obligation
Identification data
Personal data

For the duration of the overnight stay and for a further 10 years thereafter


Purpose 2
Consent
Identification data
Biographical data
Special data
For the duration of the overnight stay and for a further 10 years thereafter


Purpose 3
Legitimate interest
Contract 47:
Legal relationship between the hotel and the customer
Identifying data
Personal data
Within the prescriptive period prescribed by law


Purpose 4
Legitimate interest
Contract 47:
Legal relationship between the hotel and the customer
Identifying data
Personal data
For the duration of the overnight stay and for a further 10 years thereafter


Purpose 5
Legitimate interest
Contract 47:
Legal relationship between the hotel and the customer
Identifying data
Master data
For the duration of the overnight stay, after which the data is processed in aggregated and anonymous form


Purpose 6
Legitimate interest
Contract 47:
Legal relationship between hotel and customer
Identifying data
Up to 24 hours, unless required by authorities and law enforcement agencies


Purpose 7
Consent
Identifying data
Images and videos
For as long as necessary to achieve the purpose, in compliance with retention limitation (Art. 5) and the right to be forgotten (Art. 17)


Purpose 8
Consent
Identifying data
Up to 24 months


* Categories of recipients
In relation to the purposes indicated, the data may be communicated to the following subjects and/or categories of subjects indicated below, or it may be communicated to companies and/or persons, in EU countries, who provide services, including external services, on behalf of the Data Controller. Among these** are indicated for greater clarity and merely by way of example but not limited to their different types:

Accounting management consultants;
Consulting companies;
IT service companies;
Communication companies and agencies;
Competent authorities and/or public bodies for the fulfilment of legal obligations;
Security and surveillance, guarding and concierge companies;
Group hotels;
Professional firms;
Insurance companies;
Control and Supervisory Bodies.
(**) the list of external Recipients/Directors with further useful identification data is available from the Data Controller.


Transfer of data to third countries outside the EU
The Controller does not transfer personal data to non-EU territory.

Retention period
Personal data will be retained for up to 24 months after the collection of consent.
Rights of the data subject
The data subject, in relation to the personal data covered by this information notice, is entitled to exercise the rights provided by the EU Regulation below:

the data subject's right of access [Art. 15 of the EU Regulation](consisting in the possibility to be informed about the processing carried out on one's personal data and, if necessary, to receive a copy of it);

the right to rectification of one's own personal data [Art. 16 of the EU Regulation] (the data subject has the right to rectification of inaccurate personal data concerning him/her)

the right to erasure of one's own personal data without undue delay ('right to be forgotten') [Art. 17 of the EU Regulation] (the data subject has, as well as will have, the right to erasure of his/her own data)

right to restriction of the processing of one's own personal data in the cases provided for in Article 18 of the EU Regulation, including in the case of unlawful processing or contestation of the accuracy of personal data by the data subject [Art. 18 of the EU Regulation];

right to data portability [Art. 20 of the EU Regulation], (the data subject may request their personal data in a structured format in order to transmit them to another Data Controller, in the cases provided for by the same Article);

the right to object to the processing of one's personal data [Art. 21 of the EU Regulation] (the data subject has, as he/she will have, the right to object to the processing of his/her personal data in the cases provided for and regulated by Art. 21 of the EU Regulation)

the right not to be subject to automated decision-making [Art. 22 of the EU Regulation] (the data subject has, as well as will have, the right not to be subject to a decision based solely on automated processing).

The above rights may be exercised in accordance with the Regulation by sending an e-mail to info@lagunapalacehotel.it 

Riva Brioni S.r.l., in compliance with art. 19 of the EU Regulation, will proceed to inform the recipients to whom the personal data have been communicated, of any rectification, cancellation or restriction of the processing requested, where this is possible.

If the purpose of the processing pursued by Riva Brioni S.r.l. has consent as its legal basis, the data subject has the right to withdraw it at any time by sending an email to the above address. Pursuant to Art. 7 of the EU Regulation, revocation of consent shall not affect the lawfulness of processing based on consent given before revocation.

If the data subject considers that his or her rights have been compromised, he or she has the right to lodge a complaint with the Supervisory Authority.

For further information on rights and the exercise thereof, please refer to this SECTION.


Automated decision-making process
The hotel does not use any automated decision-making process.


Method of processing
Personal data will be processed in paper, computerised and telematic form and entered into the relevant databases (potential clients, customers, users, etc.). The personal data will be processed in printed, computerised and telematic form and included in the relevant databases (potential customers, clients, users, etc.), which may be accessed and thus become known to the employees expressly designated by the Data Controller as Persons in charge of and authorised to process personal data, who may carry out consultation, use, processing, comparison and any other appropriate operation, including automated operations, in compliance with the provisions of the law necessary to guarantee, among other things, the confidentiality and security of the data as well as its accuracy, updating and relevance to the stated purposes.


Data processing relating to the Contacts page
Personal data collected

Riva Brioni S.r.l. collects and processes personal data provided by the data subjects, such as identification data (e.g. name, surname and e-mail address)


Purposes of processing
Riva Brioni S.r.l. processes the data of the person concerned by means of electronic and possibly paper-based instruments in order to reply to requests or questions submitted by you, to solve problems related to our services and to receive useful advices aimed at improving our offer, as well as to receive booking requests.

The following table specifies for each of the purposes identified above the legal basis, the categories of personal data, and the relevant storage period:

Purposes of the processing for which the personal data are intended
Legal basis of the processing
Categories of personal data being processed
Period of retention of personal data
Categories of recipients


Responding to requests or questions submitted by you, solving problems related to our services and receiving useful advice aimed at improving our offer, as well as receiving booking requests.


Consent
Identification data
Until the request is fulfilled


*Categories of recipients
In relation to the purposes indicated, the data may be communicated to the following subjects and/or categories of subjects indicated below, or it may be communicated to companies and/or persons, in EU countries, who provide services, including external services, on behalf of the Data Controller. Among these** are indicated for the sake of clarity and purely by way of example but not limited to their different types:


IT service companies;
Communication agencies;
Control and supervisory bodies.
(**) the list of external Recipients/Directors with further useful identification data is available from the Data Controller.


Transfer of data to third countries outside the EU
The Controller does not transfer personal data to non-EU territory.


Retention period
Personal data will be kept until the request has been fulfilled.

 

Rights of the data subject
The data subject, in relation to the personal data covered by this notice, is entitled to exercise the rights provided for by the EU Regulation below:
right of access of the data subject [Art. 15 of the EU Regulation];§
the right to rectification of one's own Personal Data [Art. 16 of the EU Regulation];
the right to erasure of your Personal Data without undue delay ("right to be forgotten") [Art. 17 of the EU Regulation];
the right to restriction of processing of your Personal Data [Art. 18 of the EU Regulation];
right to data portability [Art. 20 of the EU Regulation];
the right to object to the processing of your Personal Data [Art. 21 of the EU Regulation];
the right not to be subject to automated decision-making processes [Art. 22 of the EU Regulation].
The above rights may be exercised in accordance with the Regulation by sending an e-mail to info@lagunapalacehotel.it 

Riva Brioni S.r.l., in compliance with art. 19 of the EU Regulation, will proceed to inform the recipients to whom the personal data have been communicated, of any rectification, cancellation or restriction of the processing required, where this is possible.

If the purpose of the processing pursued by Riva Brioni S.r.l. has consent as its legal basis, the data subject has the right to withdraw his/her consent at any time by sending an email to the above address. Pursuant to Art. 7 of the EU Regulation, revocation of consent does not affect the lawfulness of processing based on consent given before revocation.

If the data subject considers that his or her rights have been compromised, he or she has the right to lodge a complaint with the Supervisory Authority.

For further information on rights and the exercise thereof, please refer to LINK


Automated decision-making process
The hotel does not use any automated decision-making process.


Processing methods
Personal data will be processed in paper, computerised and telematic form and entered into the relevant databases (potential clients, customers, users, etc.). ) which may be accessed by, and therefore become known to, the employees expressly designated by the Data Controller as Data Processors and Persons in charge of the processing of personal data, who may carry out consultation, use, processing, comparison and any other appropriate operation, including automated operations, in compliance with the provisions of the law necessary to guarantee, among other things, the confidentiality and security of the data as well as the accuracy, updating and relevance of the data to the stated purposes.


Processing of data useful for navigation purposes
The computer systems and software procedures used to operate this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols.

This information is not collected in order to be associated with identified interested parties, but by its very nature could, through processing and association with data held by third parties, allow users to be identified.

Among the information that may be collected are IP addresses, the type of browser or operating system used, URI (uniform resource identifier) notation addresses, the domain name and addresses of the websites from which the access or exit (referring/exit pages) was made, the time the request was made to the server, the method used and information on the response obtained, further information on the user's navigation on the site (see also the section on cookies) and other parameters relating to the user's operating system and computer environment.

This same data could also be used to identify and ascertain responsibility in the event of any computer crimes against the site.


Use of cookies
The following information is provided to the user in implementation of the provision of the Guarantor for the protection of personal data of 8 May 2014 "Identification of simplified procedures for the provision of information and acquisition of consent for the use of cookies".


WHAT ARE COOKIES?
Cookies are small text strings that a website can send, while you are browsing, to your device (be it a PC, a notebook, a smartphone, a tablet; they are usually stored directly on the browser used for browsing). The same website that sent them can then read and record cookies that are on the same device to obtain various types of information. Which ones? For each type of cookie there is a clearly defined role.


HOW MANY TYPES OF COOKIES ARE THERE?
There are two basic macro-categories, with different characteristics: technical cookies and profiling cookies.

Technical cookies are generally necessary for the correct functioning of the website and to allow navigation; without them you may not be able to view pages correctly or use certain services. For example, a technical cookie is needed to keep you logged in throughout your visit to a website, or to store language settings, display settings, and so on.
Technical cookies can be further divided into:

browsing cookies, which ensure the normal navigation and use of the website (allowing, for example, to make a purchase or authenticate to access restricted areas)
analytics cookies, which are assimilated to technical cookies only when used directly by the website operator to collect information, in aggregate form, on the number of users and how they visit the site
functionality cookies, which allow the user to navigate according to a set of selected criteria (e.g. language, products selected for purchase) in order to improve the service rendered to the same.
Profiling cookies are more sophisticated! These cookies have the task of profiling the user and are used in order to send advertising messages in line with the preferences expressed by the user while browsing.


Cookies can, again, be classified as:
session cookies, which are deleted immediately when the browser is closed;
persistent cookies, which - unlike session cookies - remain in the browser for a certain period of time. They are used, for example, to recognise the device connecting to the site, facilitating authentication operations for the user.
first-part cookies - cookies that are generated and managed directly by the operator of the website on which the user is browsing.
third-party cookies (third-part cookies), which are generated and managed by parties other than the operator of the website on which the user is browsing (by virtue, as a rule, of a contract between the owner of the website and the third party).


WHICH COOKIES DOES Riva Brioni S.r.l. USE? ?
We use technical cookies, aimed at ensuring the proper functioning of our site, without which your browsing experience would not be pleasant. To improve our site and understand which parts or elements are most appreciated by users, as a tool for anonymous and aggregate analysis, we use third-party cookies, namely Google Analytics. This cookie is not a tool that we own, so for more information you can consult the information provided by Google at the following address:
http://www.google.it/policies/privacy/partners/ 

The facebook site may use certain cookies for profiling purposes through this site. For further information, please refer to the following link:

https://www.facebook.com/policies/cookies/

 When you access this site for the first time, a banner will appear showing a brief information on the use of these certain third-party profiling cookies. By expressing your consent or continuing to browse or accessing other elements on the site, you consent to the installation of these cookies. You can always delete them as indicated in the instructions below.

The following table shows specifically which cookies are used.

Name _ga Duration 2 years Type of cookie Technical analytical cookies from Google Analytics Purpose To provide website user navigation statistics* Name _gid Duration 24 hours Name _gat Duration 1 minute

* This website adopts tools that reduce the identifying power of cookies, such as the anonymisation of the users IP address before processing or storage by Google inc.

Finally, below are links to the most popular browsers, where you will find information on how to disable the storage or delete cookies already stored on your browser


Internet Explorer
Google Chrome
Mozilla Firefox
Apple Safari

Notice concerning children under 16 years of age

Persons under 16 years of age may not provide personal data. Riva Brioni S.r.l. will not be in any way responsible for any collection of personal data, nor for any false declarations, provided by minors, and in any case, should they be found to be so, Riva Brioni S.r.l. will facilitate the right of access and cancellation forwarded by the legal guardian or whoever exercises parental authority over them.


Exercise of the rights of the interested party

The data subject, in relation to the personal data covered by this information notice, is entitled to exercise the rights provided for by the EU Regulation below:

Right of access of the data subject [Art. 15 of the EU Regulation]: the data subject shall have the right to obtain from the controller confirmation as to whether or not personal data relating to him are being processed and, if so, access to the information expressly provided for by the aforementioned article, including but not limited to the purposes of the processing, the categories of data and recipients, the storage period, the existence of the right to erasure, rectification or restriction, the right to lodge a complaint, all available information as to the origin of the data, the possible existence of an automated decision-making process pursuant to Art. 22 of the Regulation, as well as a copy of your personal data.

Right to rectification [Art. 16 of the EU Regulation]: the data subject has the right to obtain from the controller the rectification and/or integration of inaccurate personal data concerning him/her, without undue delay;

Right to erasure ("right to be forgotten") [Art. 17 of the EU Regulation]: the data subject has the right to have his/her personal data erased without undue delay, if one of the reasons expressly provided for in the aforementioned article exists, including but not limited to the fact that the processing is no longer necessary for the purposes for which it was collected, revocation of the consent on which the processing is based, objection to processing where it is based on a legitimate interest which is not overriding, unlawful processing of data, erasure due to legal obligations, data of minors processed in the absence of the conditions of applicability provided for in Article 8 of the Regulation;

Right to restriction of processing [Art. 18 of the EU Regulation]: in the cases provided for by Art. 18, including unlawful processing, contestation of the accuracy of the data, objection by the data subject and the cessation of the need for processing by the data controller, the data subject's data must be processed only for conservation purposes except with the data subject's consent and the other cases expressly provided for by the aforementioned article;

Right to data portability [Art. 20 of the EU Regulation]: the data subject has the right, in cases where the processing is based on consent and contract and is carried out by automated means, to request to receive his/her personal data in a structured, commonly used and machine-readable format, and has the right to transmit it to another data controller;

Right to object [Art. 21 of the EU Regulation]: the data subject has the right to object to the processing of his or her personal data if the processing is based on a legitimate interest that is not overriding or is carried out for direct marketing purposes;

Right not to be subject to automated decision-making [Art. 22 of the EU Regulation]:the data subject has the right not to be subject to a decision, including profiling, based solely on automated processing (e.g. carried out exclusively by electronic means or computer programs).

The above description does not replace the text of the articles cited therein, which are referred to in full here and to which reference is made (link to Articles 15-22)


Right to lodge a complaint
If the data subject considers that his or her rights have been compromised, he or she has the right to lodge a complaint with the Personal Data Protection Authority, in accordance with the procedures indicated by the Authority itself at the following address
http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524.

For further details on the data subject's rights provided for by the Garante, please refer to this SECTION

Amendments and updates
This information notice shows the date of its last update in its heading.
Riva Brioni S.r.l. may also make changes and/or additions to this privacy policy as a consequence of any subsequent regulatory changes and/or additions.
Normative references on the rights of the interested party

Article 15

Right of access of the interested party

1.The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data relating to him are being processed and, if so, to obtain access to the personal data and to 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 or will be disclosed, in particular if they are recipients in third countries or international organisations
(d) where possible, the period for which the personal data will be retained or, if that is not possible, the criteria used to determine that period
(e) the existence of the right of the data subject to request from the controller the rectification or erasure of personal data concerning him/her or to object to the processing of personal data concerning him/her
(f) the right to lodge a complaint with a supervisory authority;
(g) where the data are not collected from the data subject, all available information as to their source
(h) the existence of an automated decision-making process, including profiling as referred to in Article 22(1) and (4), and, at least in such cases, meaningful information on the logic used, as well as the importance and the envisaged consequences of such processing for the data subject.

2.Where personal data are transferred to a third country or an international organisation, the data subject shall have the right to be informed of the existence of appropriate safeguards in accordance with Article 46 relating to the transfer.

The controller shall provide a copy of the personal data undergoing processing. Where further copies are requested by the data subject, the controller may charge a reasonable fee based on administrative costs. If the data subject makes the request by electronic means, and unless otherwise specified by the data subject, the information shall be provided in a commonly used electronic format.

4.The right to obtain a copy referred to in paragraph 3 shall not infringe the rights and freedoms of others.


Article 16

Right of rectification
The data subject shall have the right to obtain from the controller the rectification of inaccurate personal data relating to him without undue delay. Having regard to the purposes of the processing, the data subject shall have the right to obtain completion of incomplete personal data, including by providing a supplementary declaration.


Article 17

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/her without undue delay and the controller shall be obliged to erase the personal data without undue delay, if one of the following grounds applies

(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b) the data subject withdraws the consent on which the processing is based in accordance with point (a) of Article 6(1) or point (a) of Article 9(2) and if there is no other legal basis for the processing
(c) the data subject objects to the processing pursuant to Article 21(1) and there is no overriding legitimate ground for the processing, or objects to the processing pursuant to Article 21(2);
(d) the personal data have been unlawfully processed;
(e) the personal data must be erased in order to comply with a legal obligation laid down by Union or Member State law to which the controller is subject;
(f) the personal data have been collected in connection with the offering of information society services referred to in Article 8(1).

  1. Where the controller has made personal data public and is obliged under paragraph 1 to erase them, the controller shall, having regard to the available technology and the costs of implementation, take reasonable steps, including technical measures, to inform the controllers who are processing the personal data of the data subject's request to erase any link, copy or reproduction of his or her personal data.
  2. Paragraphs 1 and 2 shall not apply to the extent that the processing is necessary

(a) for the exercise of the right to freedom of expression and information;
(b) for compliance with a legal obligation to which the processing is subject under Union or Member State law 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 Article 9(2)(h) and (i) and Article 9(3);
(d) for archiving in the public interest, scientific or historical research or statistical purposes in accordance with Article 89(1), insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the purposes of such processing; or
(e) for the establishment, exercise or defence of legal claims.


Article 18
Right to restriction of processing

  1. The data subject shall have the right to obtain from the controller the restriction of processing when one of the following cases occurs

(a) the data subject contests the accuracy of the personal data, for the period necessary for the controller to verify the accuracy of those personal data;
(b) the processing is unlawful and the data subject objects to the erasure of the personal data and requests instead that their use be restricted
(c) although the controller no longer needs the personal data for the purposes of processing, the personal data are necessary for the establishment, exercise or defence of legal claims by the data subject
(d) the data subject has objected to the processing pursuant to Article 21(1), pending verification as to whether the legitimate reasons of the controller prevail over those of the data subject.

  1. Where processing is restricted pursuant to paragraph 1, such personal data shall, except for storage, only be processed with the consent of the data subject or for the establishment, exercise or defence of legal claims or the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.
  2. The data subject who has obtained the restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction is lifted.

 

Article 19
Obligation to notify in case of rectification or erasure of personal data or restriction of processing

The controller shall notify each recipient to whom the personal data have been transmitted of any rectification or erasure or restriction of processing carried out pursuant to Article 16, Article 17(1) and Article 18, unless this proves impossible or involves a disproportionate effort. The controller shall inform the data subject of such recipients if the data subject so requests.


Article 20
Right to data portability

  1. The data subject shall have the right to receive, in a structured, commonly used and machine-readable format, personal data concerning him/her that he/she has provided to a data controller and shall have the right to transmit those data to another data controller without hindrance from the data controller to whom he/she has provided them where:

(a) the processing is based on consent within the meaning of Article 6(1)(a) or Article 9(2)(a) or on a contract within the meaning of Article 6(1)(b): and
(b) the processing is carried out by automated means.

  1. When exercising his or her rights in relation to data portability pursuant to paragraph 1, the data subject shall have the right to obtain the direct transmission of personal data from one controller to another, where technically feasible.
  2. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17, This 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.
  3. The right referred to in paragraph 1 shall not affect the rights and freedoms of others.

 

Article 21
Right to object

  1. The data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data relating to him or her pursuant to points (e) or (f) of Article 6(1), including profiling on the basis of those provisions, The controller shall not further process the personal data unless he or she proves the existence of 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 the processing of personal data concerning him or her carried out for such purposes, including profiling insofar as it is related to such direct marketing.
  3. If the data subject objects to the processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
  4. 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 at the latest at the time of the first communication with the data subject.
  5. In the context of the use of information society services and without prejudice to Directive 2002/58/EC, the data subject may exercise his/her right to object by automated means using specific techniques.
  6. Where personal data are processed for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1), the data subject shall have the right, on grounds relating to his or her particular situation, to object to the processing of personal data relating to him or her, except where the processing is necessary for the performance of a task carried out in the public interest.

Article 22
Automated decision-making process concerning natural persons, 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/her or significantly affects him/her in a similar way.
  2. Paragraph 1 shall not apply where the decision

(a) is necessary for the conclusion or performance of a contract between the data subject and a data controller;
(b) is authorised by the law of the Union or of the Member State to which the data controller is subject, which also lays down appropriate measures to protect the rights, freedoms and legitimate interests of the data subject
(c) is based on the explicit consent of the data subject.

In the cases referred to in points (a) and (c) of paragraph 2, the controller shall implement appropriate measures to protect the rights, freedoms and legitimate interests of the data subject, at least the right to obtain human intervention by the controller, to express his or her views and to contest the decision.

  1. The decisions referred to in paragraph 2 shall not be based on the special categories of personal data referred to in Article 9(1), unless Article 9(2)(a) or (g) applies and appropriate measures are in place to protect the rights, freedoms and legitimate interests of the data subject.
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