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Data Protection

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With this data protection notice, we inform you as a "user" or "data subject" in a general way about the data processing in our office and in a special way about the data processing in the context of calling up our website, contacting us via our website contact form and contacting us by email or telephone. Furthermore, we inform you about your rights with regard to the processing of your data. The term "data processing" always refers to the processing of personal data.

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1.   General Information on data processing

1.1.    Personal data categories

We process the following categories of personal data:

  • Inventory data (e.g. names, addresses, functions, organizational affiliation, etc.);

  • Contact data (e.g., email, phone/fax numbers, etc.);

  • Content data (e.g. text entries, image files, videos, etc.);

  • Usage data (e.g. access data, etc.);

  • Meta/communication data (e.g. IP addresses etc.).

1.2.    Recipients or categories of recipients of personal data

If, in the course of our processing, we disclose data to other persons and companies such as web hosts, order processors or third parties, transmit it to them or otherwise grant them access to the data, this is done on the basis of a legal permission (e.g. if a transmission of the data to third parties is required for the performance of a contract pursuant to Art. 6 (1) lit. b GDPR - General Data Protection Regulation), if the data subjects have consented or if a legal obligation provides for this.

1.3.    Duration of the storage of personal data

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is deleted, provided that it is no longer required to achieve the purpose, fulfill the contract or initiate the contract.

1.4.    Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process data or have data processed in a third country if the special requirements of Art. 44 et seq. GDPR, i.e. the processing is carried out on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU (e.g. for the USA by the "Privacy Shield") or in compliance with special, officially recognized contractual obligations (so-called "standard contractual clauses").

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2.     Data processing during the visit of the website

2.1.    Log files

Each time the user accesses our website, general data and information are stored in the log files of our system:

  • Date and time of the request (timestamp);

  • Request details and destination address (protocol version, HTTP method, referer, UserAgent string);

  • Name of the retrieved file and transferred data volume (requested URL incl. query string, size in bytes);

  • Message whether the retrieval was successful (HTTP status code).

When using this general data and information, we do not draw any conclusions about the data subject. There is no personal evaluation or evaluation of the data for marketing purposes or profiling. The IP address is not stored in this context.

The legal basis for the temporary storage of the data is Art. 6 para. 1 lit. f GDPR. The collection of data for the provision of the website and the storage of the data in log files is mandatory for the secure operation of our website. There is no possibility for the data subject to object.

2.2.    Malware detection and log data analysis

We collect log data that is generated during the operation of our office's communication technology and evaluate it automatically, insofar as this is necessary to detect, limit or eliminate malfunctions or errors in the communication technology or to defend against attacks on our information technology or to detect and defend against malware.

The legal basis for the temporary storage and evaluation of the data is Art. 6 para. 1 lit. f GDPR. The storage and evaluation of the data is absolutely necessary for the provision of the website and for its secure operation. There is no possibility for the data subject to object.

2.3.    Cookies

So-called cookies are used on our website. Cookies are small text files that are exchanged between the web browser and the hosting server. Cookies are stored on the user's computer and transmitted from it to our site. In the respective web browser used, you can restrict or fundamentally prevent the use of cookies by means of a corresponding setting. Cookies that have already been stored can be deleted at any time. If cookies are deactivated for our website, this may mean that the website cannot be displayed or used to its full extent.

The legal basis for the processing of personal data using cookies is Art. 6 (1) lit. f GDPR.

2.4.    Hosting

The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating our website.

In this context, we or our contract processor process inventory data, contact data, content data, contract data, usage data, meta data and communication data of users of our website on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a contract for the processing of orders).

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3.    Data processing in the context of contacting

3.1.    Contact via email

Contacting our law firm by e-mail is possible via the e-mail addresses published on our website.

If you use this contact method, the data you provide (e.g. surname, first name, address), but at least the e-mail address, as well as the information contained in the e-mail together with any personal data you may have provided will be stored for the purpose of contacting you and processing your request. In addition, the following data is collected by our system:

  • IP address of the calling computer;

  • Date and time of the e-mail.

The legal basis for the processing of personal data in the context of e-mails transmitted to us is Art. 6 para. 1 lit. b or lit. f GDPR.

3.2.    Contact via per website contact form

If you use the contact form provided on our website for communication, it is necessary to provide your name and first name as well as your e-mail address. Without this data, your request transmitted via the contact form cannot be processed. The specification of the address is optional and enables us, if desired by you, to process your request by mail.

In addition, the following data is collected by our system:

  • IP address of the calling computer;

  • Date and time of registration.

The legal basis for the processing of personal data in the context of e-mails sent to us is Art. 6 (1) b or f GDPR.

3.3.    Contact via letter and fax

If you send us a letter or a fax, the data transmitted by you (e.g. name, first name, address) and the information contained in the letter or fax together with any personal data transmitted by you will be stored for the purpose of contacting you and processing your request.

The legal basis for the processing of personal data in the context of letters and faxes sent to us is Art. 6 Para. 1 lit. b or lit. f GDPR.

 

4.     Your Rights

As a data subject, you have the following rights in connection with the processing of your personal data:

4.1.   Right of information

(1) The data subject shall have the right to obtain confirmation from the controller as to whether personal data concerning him or her are being processed; if this is the case, he or she shall have the right to obtain access to such personal data and the following information:

  1. the purposes of processing;

  2. the categories of personal data processed;

  3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations;

  4. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;

  5. the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or to obtain the restriction of processing by the controller, or a right to object to such processing;

  6. the existence of a right of appeal to a supervisory authority;

  7. any available information on the origin of the data, if the personal data are not collected from the data subject;

  8. The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

(2) If personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

4.2.    Right of rectification

The data subject shall have the right to obtain from the controller the rectification without delay of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration.

4.3.    Right of deletion

(1) The data subject shall have the right to obtain from the controller the erasure without delay of personal data concerning him or her, and the controller shall be obliged to erase personal data without delay where one of the following reasons applies:

  1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

  2. The data subject revokes the consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.

  3. The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.

  4. The personal data have been processed unlawfully.

  5. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

  6. The personal data has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

(2) If the controller has disclosed the personal data to the public and is obliged to erase it pursuant to paragraph 1, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that a data subject has requested that they erase all links to or copies or replications of such personal data.

(3)

Paragraphs 1 and 2 shall not apply insofar as the processing is necessary

  1. For the exercise of the right to freedom of expression and information;

  2. for compliance with a legal obligation which requires processing under 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 pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR;

  4. for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1), where the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

  5. for the assertion, exercise or defense of legal claims.

4.4.    Right to restriction of processing

(1) The data subject shall have the right to obtain from the controller the restriction of processing where one of the following conditions is met:

  1. the accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data;

  2. the processing is unlawful and the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data;

  3. the controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the establishment, exercise or defense of legal claims; or

  4. the data subject has objected to the processing pursuant to Article 21 (1) GDPR, as long as it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.

(2) Where processing has been restricted in accordance with paragraph 1, those personal data may be processed, apart from being stored, only with the consent of the data subject or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.

4.5.    Right to data portability

(1) The data subject shall have the right to receive the personal data concerning him or her that he or she has provided to a controller in a structured, commonly used and machine-readable format, and shall have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that

  1. the processing is based on consent pursuant to Art. 6 (1) a) or Art. 9 (2) a) GDPR or on a contract pursuant to Art. 6 (1) b) GDPR and

  2. the processing is carried out with the help of automated procedures.

(2)When exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller, where technically feasible. The right under paragraph 1 shall not affect the rights and freedoms of other persons. 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.

4.6.    Right of objection

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 concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR; this shall also apply to any profiling based on these provisions. The controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

In the context of the use of information society services, notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by means of automated procedures using technical specifications

4.7.    Right of withdrawal

The data subject has the right to revoke his or her declaration of consent under data protection law at any time. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

4.8.    Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her residence, place of work or the place of the alleged infringement, if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

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