Consumers’ Rights with Respect to Personal Data
Structural will afford Users the following rights with respect to Personal Data about them. In order to exercise these rights, a User may submit requests through email@example.com. To the extent feasible, Structural will notify about the rectification or erasure of such data that occurred pursuant to a User’s request.
Right to Access Personal Data.
A User may request Structural to provide confirmation as to whether certain Personal Data about him or her are being Processed. A User may also request to access copies of, or inspect, the Personal Data about him or her that is undergoing Processing. Structural may use reasonable methods to verify the identity of the individual request access to the data before fulfilling the request. The User’s access right should not adversely affect the rights or freedoms of others, including intellectual property rights, but any potential adverse effect should not result in a refusal to provide the User with access to any Personal Data about him or her. Additionally, Structural will provide a User with the following information:
- The purposes of the Processing and categories of Personal Data being Processed;
- The recipients or categories of recipients to whom the Personal Data has or will be disclosed, including third parties and entities in other countries;
- The time period during which the Personal Data will be stored or the criteria that Structual will use to determine that time period;
- The existence of the right to request rectification or erasure of Personal Data;
- The existence of the right to request a restriction on the Processing of Personal Data or to object to the Processing;
- The right to file a complaint with a Supervisory Authority;
- Information about the source(s) of the Personal Data, if the Personal Data was not collected directly from the Consumer; and
- A description of any automated decision-making using the Personal Data, including profiling the Consumer.
Right to Rectification of Personal Data.
A User may request Structural to rectify inaccurate Personal Data about him or her. Structural will fulfill such a request without undue delay. A User also has the right to request Structural to complete any incomplete Personal Data about him or her, such as by allowing the Consumer to submit a written statement to supplement the incomplete Personal Data. To the extent practicable, Structural will permit Users to log into applications storing electronic Personal Data about him or her and directly amend such data.
Right to Erasure of Personal Data.
A Consumer may request Structural to delete Personal Data about him or her. Structural will fulfill such a request without undue delay and irrespective of the relevant document retention period outlined in Structural’s Record Retention Policy, as long as one of the following applies:
- The Personal Data is no longer necessary in relation to the purposes of the Processing activity for which the data was collected.
- There is no longer any legal basis under the GDPR for the Processing activity;
- The Consumer objects to the Processing activity, and there are no overriding legitimate grounds for continuing the Processing activity;
- The Personal Data has been Processed unlawfully; or
- The Personal Data needs to be deleted in order to comply with European Union law or applicable Member State law.
However, Structural is not required to fulfill a Consumer’s request for the deletion of Personal Data about him or her if one of the following applies:
- The Processing is necessary for exercising the right of freedom of expression and information;
- The Processing is necessary for Structural to comply with a European Union law or Member State law that requires Processing for the performance of a task carried out in the public interest;
- The Processing is necessary for public interest in the area of public health;
- The Processing is necessary for archiving purposes in the public interest or scientific or historical research purposes; or
- The Processing is necessary for Structural’s establishment, exercise, or defense of legal claims.
Right to Restrict Processing.
A Consumer may request Structural to place a restriction on the Processing of Personal Data about him or her. Structural will fulfill such a request if one of the following applies:
- The User is contesting the accuracy of the Personal Data, and the restriction will be placed on the Processing activity to allow Structural sufficient time to verify the accuracy of the Personal Data;
- The Processing is unlawful, and the User opposes the deletion of the Personal Data and instead requests a restriction on the Processing activity;
- Structural no longer needs the Personal Data for the purpose of Processing, but the Personal Data is required by the User for his or her establishment, exercise, or defense of legal claims; or
- The User has objected to the Processing activity pending the verification of whether Structural’s Legitimate Interest in the activity overrides User’s Interests.
However, Personal Data that is subject to a Processing restriction may continue to be Processed:
- For Structural’s establishment, exercise, or defense of legal claims;
- For the protection of the rights of another natural or legal person; or
- For reasons of important public interest.
Right to Data Portability.
A Consumer may request Structural to provide Personal Data about him or her in a commonly used and machine readable format so that the Consumer can transmit the Personal Data to another Data Controller, such as a different employer. A Consumer may also request Structural to transmit the Personal Data directly to a Data Controller of their choice. A Consumer’s right to data portability applies only with respect to Personal Data that Structural is Processing in connection with the performance of a contract, such as an employment contract, to which the Consumer is a party. The right to data portability does not apply to Personal Data that is Processing for a Legitimate Interest, compliance with a legal obligation, the exercise or defense of legal claims, or the performance of tasks carried out in the public interest (such as public health activities). Structural will fulfill such a request if one of the following applies:
- The Processing activity is being performed pursuant to a contract to which the Consumer is a party, such as an employment contract; or
- The Processing activity is carried out by automated means.