Privacy Statement

1. Name and contact details of the Controller

When operating the website www.rae-weiss.de we do, to some extent, collect and process personal data.

 

The Controller for this is:

Weiss Walter Fischer-Zernin
Rechtsanwälte Wirtschaftsprüfer Steuerberater
Attorneys-at-Law Public Auditors Tax Advisors
Gesellschaft bürgerlichen Rechts
(German Civil Law Partnership)

Seat of the Firm:
Seitzstrasse 8 d,
80538 München

Phone: +49-(89) 29 07 19-0
Fax:   +49-(89) 29 07 19-17

Contact Person
Dr. Enno Engbers
Seitzstrasse 8 d
D-80538 München

Phone.: +49-(89) 29 07 19-0
Fax: +49-(89) 29 07 19-17

Email: e.engbers[at]rae-weiss.de

 

Contact Details of the Data Protection Officer

The Data Protection Officer of the Law Firm, Dr. Martin Weiß may be reached under

Weiss Walter Fischer-Zernin
zHd. Datenschutzbeauftragter persönlich/vertraulich
Seitzstrasse 8 d
D-80538 München

and under datenschutz[at]rae-weiss.de.

 

2. Scope and Purpose of personal Data Processing

2.1 Cookies

Just like many other websites, this site also uses so-called “Cookies”. Cookies are small text files which are transferred from a website server onto your hard drive. As a result, we are automatically provided with certain data such as IP-Address, browser used, operating system and the visitor’s connection to the internet.

Cookies cannot be used to start software or to transfer viruses onto a computer. The data contained in such cookies help us to facilitate navigation for the user and to display our website correctly.

We will definitely not pass on the data so collected by us to third parties nor will we combine such data with personal data without the visitor’s consent.

In principle, any visitor may of course look at our website without cookies. As a general rule, internet browsers are configured such as to accept cookies. In general, the user may at any time opt to deactivate the use of cookies in his or her browser’s settings. In order to do so, one may use the browser’s help function to learn how to change these settings. Such change may however cause individual functions of our website not to function anymore, if the use of cookies is deactivated.

2.1.1 Time of storage and cookies used:

To the extent that the visitor permits us to use cookies by the browser settings or by consent, this may cause the use of cookies of the following plug-ins:

  • Google maps
  • Google analytics

To the extent that such cookies may (also) concern personal data, we will inform thereon under “plug.ins”.

The visitor may delete individual cookies or the entire collection of cookies in the browser settings. Moreover, he or she receives information and instructions on how to delete cookies or on how to have them blocked beforehand. Depending on the browser used, the necessary information may be found under the following link:

2.1.2 Accessing the website

When accessing this website www.rae-weiss.de, data will automatically be sent to the server of this website by the browser the visitor uses and such data will be stored temporarily in a logfile. The following data will be stored without any further entry by the visitor:

  • IP Address of the visitor’s end device
  • Date and time of visitor’s access
  • Name and url of the site accessed by the visitor
  • Website, that linked the visitor to the law firm’s website (so-called referrer-url),
  • Browser and operating system of the visitor’s end device as well as the name of the access provider used by the visitor.

The processing of this personal data is justified pursuant to Art. 6 (1) sentence 1 lit. f) GDPR. The law firm does have a legitimate interest in the processing for the purpose of

  • quickly establishing connection to the law firm’s website,
  • allowing for a user-friendly operation of the website,
  • diagnosing and ensuring system stability and safety and
  • facilitating and enhancing the administration of the website.

Processing is explicitly not done for the purpose of gaining insights of the person visiting our website.

2.1.3 Plug-Ins

Google Analytics

This website uses Google Analytics, a web analyzing service of Google Inc. (“Google”). The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, Google will truncate the visitor’s IP address within Member States of the European Union or in other countries party to the Agreement on the European Economic Area prior to such transfer. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate the respective use of the website, to compile reports on website activity and to provide the website operator with other services relating to the use of the website and the internet.

The IP address transferred by your browser under Google Analytics will not be merged with other Google data.

The visitor may prevent the storage of cookies by selecting the respective settings in his or her browser software; however, it should be noted that, as a result, one may not be able to use the full functionality of this website. The visitor may also prevent Google from collecting the data generated by the cookie and relating to his or her use of the website (including his or her IP address) and from processing this data by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

This website uses Google Analytics with the extension “anonymizeIp()”. This causes IP-addresses to be processed by truncation, reference to an individual person can thus be excluded and the personal data is thus deleted immediately.

We use Google Analytics in order to be able to analyze the use of our website and to improve it regularly. The statistics so obtained allow us to improve our service and make it more interesting for the visitor as a user. For exceptional cases, in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. Legal basis for the use of Google Analytics is Art. 6 (1) sentence 1 lit. f GDPR.

Information on the third party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use: https://www.google.com/analytics/terms/us.html, as well as the privacy policy: https://policies.google.com/privacy?hl=en&gl=en.

In addition, this website uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. The visitor may deactivate the cross-device analysis of his or her use in his or her customer account under “My data”, “Personal data”.

 

Google Maps

On this website we use the service of Google Maps. This allows us to show to the user interactive maps directly embedded in the website and allows him to comfortably use the maps function.

When one visits this website, Google receives the information that the visitor has accessed the corresponding subpage of our website. In addition, the data mentioned under sec. 2.1.2 of this statement will be transmitted. This happens regardless of whether Google provides a user account that the visitor is logged on to, or whether there is no user account. If the visitor is logged in at Google, his or her data will be assigned directly to his or her account. If the visitor does not wish such assignment with his or her Google profile, he or she must log out before activating the button. Google stores his or her data as user profiles and uses them for advertising, market research and/or for a need-oriented design of its website. Such evaluation is in particular carried out (even for users who are not logged in) for the purpose of providing demand-oriented advertising and to inform other users of the social network about the visitor’s activities on our website. The visitor has the right to object to the creation of these user profiles and must contact Google to exercise this right.

The legal basis for the use of Google Maps is Art. 6 (1) sentence 1 lit. f) GDPR and in addition, the consent given to the use of cookies when accessing the homepage (Art. 6 (1) sentence 1 lit. a) GDPR)

The visitor can receive further information on the purpose and the extent of data collection and its processing by the plug-in provider in such provider’s privacy statement. There, the visitor may also find further information on their rights in this regard and setting options for the protection of his or her privacy: https://policies.google.com/privacy?hl=en&gl=en . Google does also process its data in the U.S.A and has subjected itself to the EU-US privacy shield https://www.privacyshield.gov/EU-US-Framework.

  

2.2. Passing on Data

Personal Data will be transferred to third parties where

  • the data subject has explicitly given consent within the meaning of Art. 6 (1) sentence 1 lit. a) GDPR to such transfer,
  • passing on such data in accordance with Art. 6 (1) sentence 1 lit. f) GDPR is necessary for the establishment, exercise or defense of legal claims and there are no grounds to consider that the data subject does not have an overriding legitimate interest in not having his or her data passed on,
  • there is a legal obligation for the data transfer in accordance with Art. 6 (1) sentence 1 lit. c) GDPR and/or
  • this is necessary for the performance under a contractual relationship with the data subject pursuant to Art. 6 (1) sentence 1 lit. b) GDPR.

In other cases personal data will not be transferred to third parties.

 

3. Rights as Data Subject

To the extent that personal data is processed on the occasion of visits to our website, the visitors as “data subject” within the meaning of the GDPR shall have the following rights:

3.1 Access

The visitor may request from us to be informed on whether we have processed his or her personal data. The rights to be informed shall not exist, where giving the requested information would violate the duty of confidentiality within the meaning of sec. 83 StBerG (Steuerberatergesetz, German Tax Advisors Act) or of sec. 2 BORA (Berufsordnung für Rechtsanwälte, German Rules of Professional Practice for Attorneys) or where such information must be kept secret on other grounds, in particular for overriding legitimate interests of a third party. In derogation hereof, an obligation to be informed shall exist, if the visitor’s interests prevail over the interest of secrecy, in particular in consideration of any impending damage. Furthermore, the right to obtain access shall be barred where data is not stored on other grounds than the fact that they must not be deleted due to statutory preservations periods or where they do not serve any other purposes than data backup or data protection control, provided that giving access would require a disproportional effort and where processing for other purposes is excluded by appropriate technical and organizational measures. Provided that right to access is not barred and that we do process personal data, visitors may request access to the following information from us:

  • purpose of processing,
  • categories of visitor’s personal data concerned,
  • the recipients or category of recipients, to whom visitor’s personal data are disclosed, in particular to recipients in third countries,
  • where possible, the envisaged period for which personal data will be stored, or, where this is not possible, the criteria used to determine such storage period,
  • the existence of a right to rectification or erasure or restriction of processing of any personal data concerning visitor or of a right to object to such processing,
  • the existence of a right to lodge a complaint with a supervisory authority for data protection,
  • where the personal data was not collected from the visitor as data subject, any available information as to their source,
  • where applicable, the existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such automated decision-making,
  • where personal data is transferred to recipients located in a third country and where the Commission has yet to decide on the adequate level of protection within the meaning of Art. 45 (3) GDPR, information on the appropriate safeguards in place pursuant to Article 46 (2) GDPR relating to the transfer.

3.2 Rectification and Completion

Where the visitor finds that we are in possession of inaccurate personal data of him or her, he or she may obtain from us rectification of such inaccurate data without undue delay. Where personal data concerning the visitor are incomplete, he or she may have them completed.

3.3 Erasure

The visitor shall be entitled to erasure (“right to be forgotten”), provided that processing such data is not necessary for exercising the right of freedom of expression, the right of information or for compliance with a legal obligation or for achieving purposes in the public interest or for establishing, exercising or defending legal claims and where one of the following grounds exists:

  • The personal data is no longer necessary in relation to the purposes for which they were processes.
  • The processing was exclusively based on consent, which the visitor has withdrawn.
  • The visitor has objected to the processing of his or her personal data, we have published
  • The visitor has objected to the processing of personal data we did not publish and there are no overriding legitimate grounds for such processing.
  • The visitor’s personal data have been unlawfully processed.
  • The personal data have to be erased for compliance with a legal obligation to which we are subject

The right to erasure shall not exist where, under lawful non-automated data processing, erasure proves to be impossible or would involve disproportional efforts due to the particular way of its storage und where the visitor does not have but a minor interest in erasure. In such an event erasure shall be replaced by a restriction of processing.

3.4 Restriction of Processing

The visitor may obtain restriction of processing from us, where one of the following applies:

  • The visitor contests the accuracy of the personal data. In this event, restriction may be obtained for a period enabling us to verify the accuracy of the personal data.
  • the processing is unlawful and the visitor opposes the erasure of the personal data and requests the restriction of their use instead.
  • we no longer need the visitor’s personal data for the purposes of the processing, but they are required by the visitor for the establishment, exercise or defense of legal claims.
  • the visitor has objected pursuant to Article 21 (1) GDPR. Restriction of processing may be obtained pending the verification whether our legitimate grounds override those of the visitor.

Restriction of processing shall mean that such personal data shall only be processed with the visitor’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or on grounds of important public interests. We shall be obliged to inform the visitor prior to lifting such restriction.

3.5 Data Portability

The visitor shall have the right to data portability, provided that the processing is based on his or her consent (Article 6 (1) sentence 1 lit. a) or Article 9 (2) lit. a) GDPR) or on a contract to which he or she is a party and where processing is carried out by automated means. In this event, the right to data portability shall include the following rights provided this does not adversely affect the rights and freedoms of others: The visitor may demand from us to receive the personal data relating to him or her, which he or she has provided to us, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from us.  Where technically feasible, the visitor may obtain from us direct transmission of his or her personal data to another controller.

3.6. Objection

Where processing is based Article 6 (1) sentence 1 lit. e) GDPR (performance of a task carried out in the public interest or in the exercise of official authority) or on Art. 6 (1) sentence 1 lit. f) GDPR (legitimate interests pursued by the controller or by a third party), the visitor shall have the right to object at any time to processing of personal data relating to him or her on grounds relating to his or her particular situation. This shall include any profiling based on Article 6 (1) sentence 1 lit. e) or lit. f) GDPR. We will no longer process the personal data of the visitor following such objection unless we can demonstrate compelling legitimate grounds for the processing which override his or her interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

The visitor shall have the right to object at any time to processing of personal data concerning him or her for direct marketing. This shall include any profiling which is related to such direct marketing. Following such objection we will no longer process the personal data concerned for direct marketing purposes.

The visitor may give notice of his or her objection by phone, email, where available per fax or may give notice without need to observe any form to the postal address of our law office set out at the beginning of this privacy statement.

3.7 Complaint

Where the visitor is of the opinion that the processing of the personal data concerning him or her is unlawful, he or she may lodge complaint with a supervisory authority for data protection competent for his or her habitual residence or his or her place of work or for the place of the alleged infringement.

 

4. Version and Update of this Privacy Statement

This privacy statement is in its version of 11 February 2019. We reserve the right to update this privacy statement from time to time in order to improve data protection and/or to adapt it to changes in administrative practice or case law.

COMPETENCE