DATA SUBJECT RIGHTS POLICY
Last updated: July 24, 2018
Online Media Solutions Ltd. dba Brightcom (“Company” or “we”) values the privacy rights of our customers, partners, suppliers, vendors and others, and has set forth this Data Subject Right Policy (“Policy”) to provide you with a summary of your rights (as an EEA resident), as required by the EU General Data Protection Regulation (“GDPR”).
The right to basic information
The right of access (“Subject Access”)
Data subjects have a right to obtain confirmation from the Company that it processes certain personal data related to a data subject and a right to obtain a copy of that information, along with other details about how and why the Company uses the data subject’s information. Once the veracity and appropriateness of an access request is affirmatively determined by the Company, we will, within the period required by the law, provide you with, confirmation of processing, the copy of the personal data or a description of the personal data and categories of data processed the purpose for which such data is being held and processed, and details about the source of the personal data if not provided by the data subject.
The right of rectification
The Company must ensure that all personal data that it holds and uses about a data subject is correct. If such data is not accurate, a data subject has the right to require that the Company updates such data so it is accurate. In addition, if the Company has passed on incorrect information about a data subject to a third party, the data subject also has a right to oblige Company to inform those third parties that this information should be updated.
The right of erasure (“right to be forgotten”)
Data subjects have a right to require the Company to erase certain personal data if particular conditions are satisfied. The Company is legally obligated to comply with a request to delete personal data if:
- the data is no longer needed for the original purpose and no new lawful purpose exists for continued processing;
- the lawful basis for processing is consent of the data subject and such consent is withdrawn;
- the data subject exercises his or her right to object to the Company’s processing of his or her personal data, and the Company has no overriding grounds for processing the data;
- the personal data is processed unlawfully; or erasure of the data is necessary to comply with applicable laws.
In addition, if the Company has passed on personal data to a third party, a data subject also has a right to oblige the Company to tell those third parties that the information should be erased. The right to erasure is not absolute. Even if a data subject falls into one of the categories described above, the Company is entitled to reject the data subject’s request and continue processing data if such processing is:
- necessary to comply with legal obligations;
- necessary to establish, exercise or defend legal claims; or
- is necessary for scientific, etc. all subject to applicable laws.
The right to object
In the event the Company processes personal data on the basis that it is in its legitimate interests to do so (i.e., direct marketing), a data subject has the right to object to our processing on such grounds. Notwithstanding the receipt of such an objection, the Company shall be permitted to continue processing a data subject’s personal data if:
- the Company has compelling legitimate grounds for processing the information which overrides the rights, interests and freedoms of the data subject; or
- the data is necessary to establish, exercise or defend a legal claim or right, etc. all subject to applicable laws and regulations.
The right of restriction
A data subject may limit the purposes for which the Company may process its personal data. The Company’s processing activities may be restricted if:
- the accuracy of the data is contested;
- processing is unlawful and data subject requests restriction instead of erasure;
- the Company no longer needs the data for its original purpose, but the data is still required to establish, exercise or defend legal rights; or
- consideration of overriding grounds in the context of an erasure request.
The right of data portability
A data subject can request that the Company send or “port” its personal data to another entity. Portability rights only apply if the data in question was provided by the data subject to the Company, processed automatically, and is processed on the legal bases of either consent or fulfilment of a contract.
The right to object to direct marketing
If the Company sends you marketing communications by email or other electronic methods a data subject has the right to require the Company to stop sending such communications.
If you have any further question please contact Brightcom DPO at: [email protected]. If you wish to exercise your right please fill in the applicable form available for download at: http://brightcom.com/forms/UserRights_Request_Form.pdf and send it to the Brightcom DPO at: [email protected] with all necessary documentation. Note, you can request your rights in any form or manner, however, to validate your identification and validate request we will require completion of the online form.