I. NAME AND ADDRESS OF THE DATA CONTROLLERS
Assenagon Asset Management S.A.
Aerogolf Center, 1B Heienhaff
Phone +49 27049-100
with branch office in:
Phone +49 89 519966-0
is the controller within the meaning of the EU General Data Protection Regulation, other national data protection laws enacted by the EU Member States and other data protection rules.
II. GENERAL INFORMATION DATA PROCESSING
1. Scope of personal data processing
We will generally only process the personal data of our users where this is required to provide a functional website as well as our content and services. As a rule, the personal data of our users are only processed based on their prior consent. An exception applies in such cases where for factual reasons, consent cannot be obtained in advance and the law allows the processing of data.
2. Legal basis for the processing of personal data
Article 6 para. 1 sent. 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis in cases where we obtain the consent of the data subject for the processing of its personal data.
Where the processing of data is necessary for the performance of a contract to which the data subject is party, this is based on Article 6 para. 1 sent. 1 lit. b GDPR. The same applies for data processing operations required for the implementation of measures in advance of a contract.
Article 6 para. 1 sent. 1 lit. c GDPR serves as the legal basis in cases where our company requires the processing of personal data for compliance with its legal obligations.
Article 6 para. 1 sent. 1 lit. d GDPR applies where the processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person.
If the data processing is required to protect a legitimate interest of our company or a third party, and if such legitimate interest overrides the interests, fundamental rights and freedoms of the data subject, then Art. 6 para. 1 sent. 1 lit. f GDPR is the applicable legal basis for such processing.
3. Data storage period and data erasure
The personal data of the data subject are erased as soon as the purpose for which the data is stored no longer applies. Data may be stored beyond this period if such longer storage is regulated by European or national legislation in EU regulations, laws or other provisions applicable to the data controller. Data are also blocked or erased once the storage period required by the above-mentioned provisions expires, unless further storage of the data is required for the purpose of the conclusion or performance of a contract.
4. Data collection in Switzerland
5. Processing of personal data by joint controllers
Assenagon GmbH and Assenagon Asset Management S.A. have concluded a contract as joint controllers within the meaning of the Article 26 GDPR, governing the mutual responsibilities for any processing operations carried out as joint controllers. This is particularly relevant for processing in connection with the dispatch of information on products and other topics. The joint controllers have undertaken to guarantee the security of data processing, to inform each other of serious disruptions in the processing of data and to provide each other with the necessary support in answering requests from data subjects seeking to enforce their rights set out in Article 12 to 22 GDPR and Article 34 GDPR. The contract further stipulates that if the consent of a data subject is required for the processing of personal data, this consent is obtained from the joint controller who collects or has collected the data.
III. RIGHTS OF THE DATA SUBJECT
If your personal data are processed, you are considered a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the data controller:
1. Right of access
You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed. Where this is the case, you can demand access to the personal data and the following information from the controller:
1. The purposes for which the personal data are processed;
2. the categories of personal data concerned;
3. the recipients or categories of recipients to whom personal data concerning you have been or will be disclosed;
4. the envisaged period for which personal data concerning you will be stored, or, if specific information cannot be provided on that matter, the criteria used to determine the storage period;
5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or the right to object to such processing;
6. the right to lodge a complaint with a supervisory authority;
7. where the personal data are not collected from the data subject, any available information as to their source;
8. the existence of automated decision-making, including profiling, referred to in Article 22 para. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to demand information on whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you can request to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.
2. Right to rectification
You have the right, vis-à-vis the controller, to have your processed personal data rectified and/or completed insofar as they are inaccurate or incomplete. The controller shall carry out such rectification without undue delay.
3. Right to restriction of processing
You have the right to restrict the processing of your personal data, where the following conditions apply:
- If you contest the accuracy of personal data concerning you for a period, enabling the controller to verify the accuracy of the personal data;
- if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- if the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
- if you have objected to processing pursuant to Article 21 para. 1 GDPR, pending the verification whether the legitimate grounds of the controller override your legitimate grounds.
Where processing of personal data concerning you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If processing was restricted pursuant to the above conditions, you shall be informed by the controller before the restriction of processing is lifted.
4. Right to erasure
a) Erasure obligation
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase such data without undue delay where one of the following grounds applies:
1. The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
2. You withdraw your consent on which the processing is based according to Article 6 para. 1 sent. 1 lit. a, or Article 9 para. 2 lit. a GDPR, and there is no other legal ground for the processing.
3. You object to the processing pursuant to Article 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 para. 2 GDPR.
4. The personal data concerning you have been unlawfully processed.
5. The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
6. The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8 para. 1 GDPR.
b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Article 17 para. 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers, which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
There should be no right to erasure, if the processing is required
1. for exercising the right of freedom of expression and information;
2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject; or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest in the area of public health in accordance with Article 9 para. 2 lit. h and i as well as Article 9 para. 3 GDPR;
4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 para. 1 GDPR, in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
5. for the establishment, exercise or defence of legal claims.
5. Right to be informed
If you have exercised your right to rectification, erasure or restriction of processing towards the controller, the controller shall be obligated to notify all recipients to whom personal data concerning you have been disclosed, of the rectification or erasure of the data or the restriction of processing, unless this proves impossible or would involve disproportionate effort.
You are entitled to require the controller to inform you about these recipients.
6. Right to data portability
You have the right to receive personal data concerning you, which you have provided to the controller, in a structured, commonly-used and machine-readable format. You are also entitled to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where
1. the processing is based on consent pursuant to Article 6 para. 1 sent. 1 lit. a GDPR or Article 9 para. 2 lit. a GDPR or on a contract pursuant to Article 6 para. 1 sent. 1 lit. b GDPR and
2. the processing is carried out by automated means.
In exercising your right to data portability, you have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not give rise to any infringement of the rights and freedoms of other persons.
The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you which is based on Article 6 para. 1 sent. 1 lit. e or f GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the establishment, exercise or defence of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing purposes; this includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8. Right to withdraw consent under data privacy law
You may withdraw your consent under data privacy law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or affects you significantly in a similar way. This shall not apply if the decision
1. is necessary for entering into, or performance of, a contract between you and the data controller;
2. is authorised by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
3. is based on your explicit consent.
However, these decisions shall not be based on special categories of personal data referred to in Article 9 para. 1 GDPR, unless Article 9 para. 2 lit a. or g GDPR applies and suitable measures are in place to safeguard your rights and freedoms and legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you believe that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.
IV. PROVISION OF THE WEBSSITE AND CREATION OF LOG FILES
1. Description and scope of the data processing
Every time our Internet website is accessed, our system automatically collects data and information from the accessing system.
The following data are collected:
- Information on the browser type/browser version
- The operating system of the user
- The IP address of the user
- The date and time of the access
The data are also stored in the log files of our system. These data are not stored together with the other personal data of the user.
2. Legal basis for the processing of these data
The legal basis for the temporary storage of the data and the log files is Article 6 para. 1 sent. 1 lit. f GDPR.
3. Purpose of the data processing
The system has to store the IP address temporarily in order to transmit the website to the device of the user. This requires storing the IP address of the user until the end of the session.
The log files are stored in order to ensure the correct functioning of the website. We also use these data to optimise our website and to ensure the security of our IT systems. The data are not evaluated for marketing purposes in this context.
These purposes also constitute our legitimate interest in the data processing pursuant to Article 6 para. 1 sent. 1 lit f GDPR.
4. Storage period
The data are erased as soon as they are no longer required for the purpose of their collection. In the event that the data are collected to provide the website, the data are erased once the relevant session ends.
Data saved in log files are erased after a maximum period of seven days.
5. Objection and deletion
The collection of data for providing the website and the storage of data in log files is an unavoidable requirement for the operation of the website; the user is therefore not entitled to object to such data collection and storage.
1. Description and scope of the data processing
Regardless of the cookie settings that users can choose from on our website, internet browser settings allow you to remove cookies and to limit access to cookies for individual or all websites.
After accessing the website, the user can decide on the cookies to be used. A distinction is made between essential cookies, which enable basic functions and are necessary for the proper functioning of the website, and other, non-essential cookies, which may have different functions, such as the collection of statistical information on the use of the website.
Via the button "Cookie settings" you can change your settings at any time and view further information on the relevant cookies.