Data privacy

A clear summary can be found here in our information sheet.
 

I. Name and address of the controller

The responsible person within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection provisions is:

Attorney at Law Nadia Pröpper-Schwirtzek

Haus Cumberland 
Kurfürstendamm 194
10707 Berlin
Berlin@Schwirtzek-Rechtsanwaelte.de

 

II. General information about data processing

1. Scope of the processing of personal data

We process personal data of our users only insofar as this is necessary for the provision of a functional website and our content and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) sentence 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) p. 1 lit. b DSGVO serves as the legal basis.

This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 (1) p. 1 lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) p. 1 lit. d DSGVO serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Art. 6 (1) p. 1 lit. f DSGVO serves as the legal basis for the processing.

3. Data deletion and storage duration

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies.

Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject.

Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

 

III. Rights of the person concerned

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right to information

You may request confirmation from the controller as to whether personal data concerning you are being processed by him.

If there is such processing, you can request information from the controller about the following:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data which are processed;
  3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  4. the planned duration of the storage of the personal personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
  5. the existence of a right to rectification or erasure of the personal data concerning you, a right to 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.

You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

This right of access may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes impossible or seriously impaired and the restriction is necessary for the fulfillment of the research or statistical purposes.

2. Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller, insofar as the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

Your right to rectification may be limited to the extent that it is likely to make impossible or seriously prejudice the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

3. Right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

  • if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you object to the erasure of the
  • personal data and instead request the restriction of the use of the personal data;
  • the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or
  • if you have objected to the processing pursuant to Article 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

If the processing of personal data concerning you has been restricted, such data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense 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 a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Your right to restriction of processing may be limited to the extent that it is likely to make impossible or seriously impede the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

4. Right to deletion

a) Obligation to delete

You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay, if one of the following reasons applies:

  1. The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
  2. You revoke your consent on which the processing Art. 6 para. 1 p. 1 lit. a or Art. 9 para. 2 lit. a DSGVO
    was based on, and there is no other legal basis for the processing.
  3. You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
  4. The personal data concerning you have been processed unlawfully.
  5. The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  6. The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, 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 you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary:

  1. on 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) DSGVO;
  4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) DSGVO, insofar as the right referred to in section a) 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.

6. Right to be informed

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right against the controller to be informed about these recipients.

7. Right of data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format.
You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

  1. the processing is based on consent pursuant to Art. 6 (1) p. 1a DSGVO or Art. 9 (2) a DSGVO or on a contract pursuant to Art. 6 (1) p. 1 b DSGVO and
  2. the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data portability does 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.

8. Right of objection

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) sentence 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR.

Your right to object may be limited to the extent that it is likely to render impossible or seriously impair the realization of the research or statistical statistical purposes impossible or seriously impaired and the restriction is necessary for the fulfillment of the research or statistical purposes.

9. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

10. Automated decision in individual cases 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 similarly significantly affects you. This does not apply if the decision

  1. for the conclusion or fulfillment of a contract between you and the responsible
    and the controller is necessary,
  2. is permitted by legislation of the Union or the Member States to which the controller is subject, and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
  3. freedoms and your legitimate interests, or
  4. is carried out with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases mentioned in 1. and 3. above, the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

11. Right to complain to 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 residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

 

IV. Provision of the website and creation of the log files

1. Description and scope of data processing

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 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
  • Web pages that are accessed by the user's system via our website

This data is 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.

2. Purpose of data processing

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 are also our legitimate interest in data processing according to Art. 6 para. 1 p. 1 lit. f DSGVO.

3. Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 p. 1 lit. f DSGVO.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was 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.

In the case of storage of data in log files, this is the case after seven days at the latest. A storage beyond this
storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website is absolutely necessary. Consequently, there is no possibility of objection on the part of the user.

 

V. Cookies usage

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. These cookies contain a characteristic character string that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies
transmitted:

  • Language settings
  • Log-in information
  • Entered search terms
  • Frequency of page views
  • Use of website functions

2. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

We require cookies for the following applications:

  • Adoption of language settings
  • Remembering search terms

The user data collected through technically necessary cookies are not used to create user profiles.

These purposes are also our legitimate interest in processing the personal data according to Art. 6 para. 1 p. 1 lit. f DSGVO.

3. Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 p. 1 lit. f DSGVO.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 p. 1 lit. a DSGVO if the user has given his consent in this regard.

4. Duration of storage, possibility of objection and elimination

Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also 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 you deactivate cookies for our website, you may no longer be able to use all functions of the website to their full extent.

 

VI. E-mail contact

1. Description and scope of data processing

On our website, it is possible to contact us via the email address provided. In this case, the personal data of the user transmitted with the email will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2. Purpose of data processing

In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

3. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f DSGVO. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Possibility of objection and removal

The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

By email to: Berlin@Schwirtzek-Rechtsanwaelte.de

All personal data stored in the course of contacting us will be deleted in this case.