Thank you for visiting our website. We are not only concerned with providing you with comprehensive and profound advice. Equally important to us is the protection of your privacy in the collection and processing of personal data. With the following information, we would like to give you an overview of how we process your personal data and your rights under data protection law.
We process personal data that we receive in the course of using our website. Which data is processed in detail and how it is used depends largely on the services requested or agreed, so not all parts of this information will apply to you.
WHO IS RESPONSIBLE FOR DATA PROCESSING AND WHO CAN I CONTACT IF I HAVE ANY QUESTIONS?
Responsible is RA Jan Schmied, Mörsenbroicher Weg 191, 40470 Düsseldorf, e-mail ra@schmied.de.
WHAT DO WE PROCESS YOUR DATA FOR (PURPOSE OF PROCESSING) AND ON WHAT LEGAL BASIS?
We process personal data in accordance with the provisions of the EU General Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG)
a) for the fulfillment of contractual obligations (Art. 6 para. 1 b DSGVO).
Data may be processed in the context of the performance of contracts with you as our customer or for the performance of pre-contractual measures.
b) in the context of balancing interests (Art. 6 para. 1 f DSGVO).
Where necessary, we may process your data beyond the actual performance of the contract to protect legitimate interests of us or third parties. Examples:
- Testing and optimizing procedures for needs analysis for the purpose of directly addressing customers,
- Advertising or market and opinion research insofar as you have not objected to the use of your data,
- Assertion of legal claims and defense in legal disputes,
- Ensuring IT security and the IT operation of the company,
measures for business management and further development of services and products
c) based on your consent (Art. 6 para. 1 a DSGVO).
Insofar as you have given us consent to process personal data for specific purposes (e.g. for marketing purposes, newsletter dispatch), the lawfulness of this processing is based on your consent.
d) due to legal requirements (Art. 6 para. 1 c DSGVO) or in the public interest (Art. 6 para. 1 e DSGVO).
In addition, we are subject to various legal obligations, i.e. legal requirements (e.g. tax laws). The purposes of the processing include, among others, the fulfillment of tax law control and reporting obligations and much more.
e) in the context of the establishment of an employee relationship Art. 88 DSGVO in conjunction with. § 26 para. 1 BDSG)
If you apply for a job with us, your personal data may also be processed.
WHAT DOES THIS MEAN IN DETAIL WITH REGARD TO THE PROVISION OF THIS WEBSITE AND THE SERVICES IT OFFERS?
PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:
- Information about the browser type and the version used
the operating system of the user
- the user's Internet service provider
the IP address of the user
- date and time of access
- websites from which the user's system accesses our website
- websites that are accessed from the user's system via our website
The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place. The legal basis for the temporary storage of the data under log files is Art. 6 para. 1 lit. f DSGVO. The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes represent our legitimate interest in data processing pursuant to Art. 6 Para. 1 lit. f DSGVO. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
COOKIES AND SIMILAR TECHNOLOGIES
We use cookies when you visit our website. Cookies are text files that are placed and stored on a computer system via an Internet browser. We use such cookies both as a technical means to provide services and guarantee functions on our websites, as well as to analyze the website behavior of our visitors and, based on this, to make our offer user-friendly, effective and secure. For this purpose, we may also use other techniques, such as tracking pixels.
TECHNICALLY NECESSARY COOKIE
Among other things, we use technically necessary cookies. These are those that are required exclusively to collect some information on our websites in order to provide a service requested or desired by you as a user. The following data is stored and transmitted in the cookies:
-language settings
-data in the download list
-Log-in information
-Session ID
In the context of the use of technically necessary cookies, we process your personal data in accordance with Art. 6 (1) lit. f DSGVO. The use of technically necessary cookies is for the purpose of making it easier for you to use our website. Some functions of our website cannot be offered without the use of cookies. For this purpose, it is necessary that the browser is recognized even after a page change. The user data collected through technically necessary cookies are not used to create user profiles.
Cookies are stored on your computer and transmitted from it to our site. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
WEITERE COOKIES AND TOOLS AS WEBSITE ANALYSIS SERVICES
We also use cookies that are not technically necessary but, for example, reflect an analysis of your surfing behavior.
These tools also use cookies. In this way, the following data can be transmitted: (e.g.) search terms entered, frequency of page views and the use of website functions. The data collected in this way is pseudonymized by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the user. When you call up our website, you will be informed by an info banner about the use of cookies for analysis purposes and referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.
Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the use of analysis cookies, we learn how the website is used and can thus constantly optimize our offer. These purposes justify our legitimate interest in processing your personal data pursuant to Art. 6 (1) lit. f DSGVO.
Cookies are stored on your computer and transmitted from it to our site. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
JUPUS
Wir nutzen die Anwendung „JUPUS“ der JUPUS GmbH, Kuhgasse 4, 53505 Berg, zum Zwecke der Bereitstellung des digitalen Assistenten zur Aufnahme von Informationen und Dokumenten bei der Kontakt- und Mandatsaufnahme, zu der Aufnahme weiterer fallspezifischer Informationen sowie zur Anlage von entsprechenden Ihnen zugehörigen Akten in unserem Organisationssystem. Die betroffenen Daten sind hier Ihre Kontaktdaten wie Name, Anschrift, E-Mail-Adresse, Telefonnummer sowie die von Ihnen in JUPUS eingegebenen weiteren Daten. Zudem werden auch Ort und Zeit der Nutzung von JUPUS verarbeitet. Ihre Daten werden nicht an sonstige Dritte weitergegeben und die Datenverarbeitung im Zusammenhang mit JUPUS findet ausschließlich in Deutschland statt. Mit JUPUS haben wir einen Auftragsverarbeitungsvertrag geschlossen, der die Sicherheit der Verarbeitung Ihrer personenbezogenen Daten gewährleistet. Weiterhin haben wir JUPUS auf sämtliche für uns als Rechtsanwälte geltenden berufsrechtliche Vorgaben zur Geheimhaltung verpflichtet. Die Rechtsgrundlage zur Nutzung von JUPUS liegt in Art. 6 Abs. 1 lit. b DSGVO. Mit der Bereitstellung eines digitalen Assistenten zur Aufnahme von Informationen, die wir zur Validierung einer potenziellen Vertragsbeziehung (Mandatsbeziehung) mit Ihnen benötigen und der Verarbeitung Ihrer hierin eingegebenen Daten zu diesem Zweck, erfüllen wir eine vorvertragliche Pflicht Ihnen gegenüber.
GOOGLE ANALYTICS
This website uses Google Analytics incl. the Google Analytics advertising functions. This is a web analytics service provided by Google Inc ("Google"). Google Analytics is used exclusively with IP anonymization activated (so-called IP masking). This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases, for example if there are technical failures in Europe, will the full IP address be transmitted to a Google server in the USA and shortened there. With the IP anonymization method used by Google, the full IP address is not written to a hard drive at any time, as the entire anonymization process takes place almost immediately after the request is received in RAM. The IP address transmitted by the user's browser is not merged with other data from Google.
On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage, including but not limited to display advertising features and Google Analytics reports on performance by demographic characteristics and interests to the website operator. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. This will in no case be personal data. In the Google Analytics reports on performance by demographic characteristics and interests, data obtained via interest-based advertising from Google and visitor data from third-party providers (such as age groups, or interest groups) are used. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: tools.google.com/dlpage/gaoptout
For more information on terms of use and data protection, please visit https://www.google.de/intl/de/policies/.
WHAT RIGHTS CAN YOU ASSERT?
Every data subject has the right to information under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to object under Article 21 of the GDPR and the right to data portability under Article 20 of the GDPR. With regard to the right to information and the right to erasure, the restrictions pursuant to Sections 34 and 35 BDSG apply. In addition, there is a right of appeal to a competent data protection supervisory authority (Article 77 DSGVO in conjunction with Section 19 BDSG).
You may revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent given to us before the DSGVO came into force, i.e. before May 25, 2018. Please note that the revocation only takes effect for the future. Processing that took place before the revocation is not affected.
APPLICANT MANAGEMENT
You would like to apply for a job with us? We will be pleased if you provide us with your application by e-mail.
In the context of applicant management, we process the personal data you provide to us for the purpose of initiating an employment relationship on the basis of Art. 88 DSGVO in conjunction with Section 26 (1) BDSG. Alternatively, collective agreements (group, general and company agreements as well as collective bargaining agreements) pursuant to Art. 88 DSGVO in conjunction with. § Section 26 (4) BDSG as well as consent (e.g. in the case of photographs) pursuant to Art. 88 DSGVO in conjunction with Section 26 (2) BDSG. In individual cases, we process your data in order to protect legitimate interests, e.g. in the case of intra-group data exchange for administrative purposes (Art. 6 para. 1 f DSGVO in conjunction with recital 48). Insofar as special categories of personal data (e.g. severe disability) are processed, this is done on the basis of Art. 88 DSGVO in conjunction with. § Section 26 (3) BDSG. In addition, the processing of health data for the assessment of your ability to work pursuant to Art. 9 para. 2 h) in conjunction with. § 22 para. 1 b) BDSG may be necessary.
We process and store your personal data as long as it is necessary for the fulfillment of the purposes of data processing or legal, contractual or statutory obligations. After that, the data will be deleted or its processing restricted. In the event that no employment relationship is established after completion of the application process, we will delete your data no later than 3 years after completion of the application process. After expiration of the regular 3-year limitation period pursuant to Section 195 of the German Civil Code (BGB), this is the point in time at which any claims under the General Equal Treatment Act (AGG) become time-barred. Should we wish to store your application in a so-called "applicant pool" beyond the 3-year period, we would ask you to do so by way of consent after the three years have expired.
Of course, you are also free to withdraw your application at any time. In this case, your data would also be deleted if it is no longer required to achieve the purpose for which it was collected. Sending an e-mail to us with the relevant content is sufficient for this purpose. The revocation of any consent given is also possible at any time.
INFORMATION ABOUT YOUR RIGHT TO OBJECT UNDER ARTICLE 21 DSGVO
Right to object on a case-by-case basis
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) DSGVO (data processing in the public interest) and Article 6(1)(f) DSGVO (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 No. 4 DSGVO.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.
Recipient of the opposition
The objection can be made informally with the subject "Objection" stating your name, address and date of birth and should be addressed to: RA Jan Schmied
Personal comment:
I am not overly happy about the regulations of the GDPR as far as they affect small and medium sized businesses. If you have any open questions, please do not hesitate to contact me. I assume that these will certainly be clarified and solved quickly in a personal conversation.
