This privacy policy explains the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our website.
I. Name and address of the controller, contact details of the data protection officer
The controller 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 regulations is:
merlekerpartner lawyers PartG mbB
as well as the notaries Oliver Merleker, Simone Krziwanek, Dr. Christian Volkmann and Dr. Robert Scherzer
Hardenbergstrasse 10
10623 Berlin
Telephone: 030/306900 0
Fax: 030/306 900 10
E-mail: zentrale@advokat.de
Our data protection officer can be reached at the following email address:
datenschutz@advokat.de
II. General information on data processing
1. Scope of processing personal data
We generally process our users' personal data only to the extent necessary for providing a functional website and our content and services. The processing of our users' personal data regularly only occurs with the user's consent. An exception applies in cases where obtaining prior consent is not possible for practical reasons and the processing of the data is permitted by law. We process inventory data (e.g., name, address, and email address) and contract data (e.g., services used, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Article 6(1)(b) GDPR. Entries marked as mandatory in online forms are required for the conclusion of the contract.
2. Legal basis for the processing of personal data
Where we obtain consent from the data subject for processing personal data, Article 6(1)(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, Article 6(1)(b) GDPR serves as the legal basis.
This also applies to processing operations that are necessary for carrying out pre-contractual measures. Where the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis. In the event that the processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR serves as the legal basis.
If processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and the interests or fundamental rights and freedoms of the data subject do not override those interests, then Article 6(1)(f) GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this is provided for by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or erased when a storage period prescribed by the aforementioned regulations expires, unless further storage of the data is necessary for the conclusion or performance of a contract.
4. Cooperation with processors and third parties
If, in the course of our processing, we transfer data to other persons and companies (processors or third parties) or otherwise grant them access to the data, this is done only on the basis of legal permission, your consent, a legal obligation, for the execution of contractual relationships (e.g., bookingKit, Mangopay) with you, or if we have a legitimate interest in the data transfer (e.g., when using agents, web hosts, etc.). If we commission third parties to process data on the basis of a so-called "data processing agreement," this is done on the basis of Article 28 GDPR.
5. Data security
During your visit to our website, we use the widely used SSL (Secure Socket Layer) protocol in conjunction with the highest level of encryption supported by your browser. This is typically 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can recognize whether an individual page of our website is transmitted in encrypted form by the closed padlock symbol in the lower status bar of your browser. Furthermore, we employ appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction, or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
6. Company profiles on social media
We maintain company profiles on social networks and platforms to communicate with customers, prospects, and users active there and to inform them about our services. When accessing these networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
Unless otherwise stated in our privacy policy, we process user data when users communicate with us within social networks and platforms, e.g. by posting on our online presences or sending us messages.
III. Provision of the website and creation of log files
When you visit our website https://www.advokat.de Your browser automatically sends information to our website's server. This information is temporarily stored in a log file. The following information is collected without your intervention and stored until it is automatically deleted:
(1) Information about the browser type and version used
(2) The user's operating system
(3) The user's Internet service provider
(4) The user's IP address
(5) Date and time of access
(6) Websites from which the user's system accessed our website
(7) Websites accessed by the user's system via our website
(8) Protocol (GET or POST)
(9) Status code (200 or 500)
We process the aforementioned data for the following purposes:
• Ensuring a smooth connection to the website,
• Ensuring a comfortable user experience on our website,
• Evaluation of system security and stability as well as
• for other administrative purposes.
The legal basis for data processing is Article 6(1)(f) GDPR. Our legitimate interest arises from the purposes of data collection listed above. Under no circumstances do we use the collected data to draw conclusions about your identity. Furthermore, we use cookies and analytics services when you visit our website. You can find more detailed explanations in sections IV and VII of this privacy policy.
IV. Use of Cookies
We use cookies on our website. These are small files that your browser automatically creates and stores on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not harm your device, nor do they contain viruses, Trojans, or other malware. Information is stored in the cookie that relates to the specific device used. However, this does not mean that we thereby gain direct knowledge of your identity.
The use of cookies serves, on the one hand, to make your use of our website more convenient. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted when you leave our site. Furthermore, we also use temporary cookies to optimize user-friendliness; these are stored on your device for a specific, predetermined period. When you revisit our site to use our services, it is automatically recognized that you have already been here and what entries and settings you have made, so you don't have to enter them again.
Secondly, we use cookies to statistically record the use of our website and to evaluate this data for the purpose of optimizing our services for you (see section VIII). These cookies allow us to automatically recognize that you have already visited our site when you return. These cookies are automatically deleted after a defined period. When you access our website, a banner informs you about the use of cookies for analytical purposes and refers you to this privacy policy. The banner also explains how you can prevent the storage of cookies in your browser settings.
The data processed by cookies is necessary for the aforementioned purposes to protect our legitimate interests and those of third parties in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR.
Most browsers accept cookies automatically. However, you can configure your browser to prevent cookies from being stored on your computer or to always display a notification before a new cookie is created. Completely disabling cookies may prevent you from using all the features of our website.
V. Email contact
You can contact us via the provided email address. zentrale@advokat.de This is possible. In this case, the user's personal data transmitted via email will be stored. The data will not be shared with third parties. It will be used exclusively for processing the conversation.
The legal basis for processing data transmitted via email is Article 6(1)(f) GDPR. If the email contact aims at concluding a contract, the additional legal basis for processing is Article 6(1)(b) GDPR.
The processing of personal data from the email serves solely to process your contact request. This also constitutes the necessary legitimate interest in processing the data.
The data will be deleted as soon as it is no longer needed for the purpose for which it was collected. For personal data transmitted by email, this is the case when the respective conversation with the user has ended. A conversation is considered ended when it is clear from the circumstances that the matter in question has been resolved.
The user has the right to withdraw their consent to the processing of their personal data at any time. If the user withdraws their consent via email (zentrale@advokat.deIf you contact us, you can object to the storage of your personal data at any time. In such a case, the conversation cannot be continued. All personal data stored during the contact process will be deleted.
VI. Contact form/callback
For any questions, you can contact us using the form provided on our website ("Arrange a callback"). The following personal data is required: name and telephone number, so that we know who the inquiry is from and can call you back. Data processing for the purpose of contacting us is carried out in accordance with Article 6 Paragraph 1 Sentence 1 Letter f of the GDPR. The personal data collected by us for the use of the contact form will be automatically deleted after your inquiry has been processed, unless you have consented to further storage in accordance with Article 6 Paragraph 1 Sentence 1 Letter a of the GDPR.
VII. Tracking Tools
The tracking measures listed below and used by us are carried out on the basis of Article 6 Paragraph 1 Sentence 1 Letter f GDPR. We use these tracking measures to ensure the needs-based design and continuous optimization of our website. We also use them to statistically record the use of our website and to evaluate it for the purpose of optimizing our services for you. These interests are considered legitimate within the meaning of the aforementioned provision. The respective data processing purposes and data categories can be found in the descriptions of the corresponding tracking tools.
Google Analytics
For the purpose of tailoring our website to user needs and continuously optimizing it, we use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google"). In this context, pseudonymized user profiles are created and cookies (see section IV) are used. The information generated by the cookie about your use of this website, such as
• Browser type/version,
• operating system used,
• Referrer URL (the previously visited page),
• Hostname of the accessing computer (IP address),
• Time of server request,
These cookies are transmitted to and stored on a Google server in the USA. The information is used to evaluate website usage, to compile reports on website activity, and to provide other services related to website activity and internet usage for market research purposes and to tailor these web pages to user needs. This information may also be transferred to third parties if required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be associated with other Google data. IP addresses are anonymized so that they cannot be linked to a specific individual (IP masking). You can prevent the installation of cookies by adjusting your browser settings; however, please note that in this case, you may not be able to fully utilize all the functions of this website. You can also prevent Google from collecting and processing data generated by the cookie and related to your use of the website (including your IP address) by clicking a link in your browser's built-in browser add-on. Download and install the browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de). As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent data collection by Google Analytics by clicking on this link. link Click here. An opt-out cookie will be set, which prevents the future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will need to set the opt-out cookie again. Further information on data protection in connection with Google Analytics can be found, for example, in the Google Analytics Help Center (https://support.google.com/analytics/answer/6004245?hl=de).
VIII. Third-party services
Google Maps
To optimize our website, we use the map service "Google Maps" from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Improving our website with regard to the display of maps and the creation of directions also constitutes our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR. When using Google Maps, Google collects, processes, and uses data about the use of the map functions by users of our website. In particular, the user's IP address is required for displaying the Google Maps content. The data collected by Google is transferred to and stored in the USA. Google is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection law.https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
IX. Rights of the data subject
If your personal data is being processed, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:
1. Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing takes place, you can request the following information from the controller:
(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 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 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 to lodge a complaint with a supervisory authority;
(7) all available information about the source 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) 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 request information as to whether your personal data is being transferred to a third country or to an international organization. In this context, you may 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 to rectification and/or completion from the data controller if the processed personal data concerning you is inaccurate or incomplete. The data controller must carry out the rectification without undue delay.
3. Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of your personal data:
(1) 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;
(2) the processing is unlawful and you object to the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or
(4) if you have objected to the processing pursuant to Article 21(1) GDPR and it is not yet clear whether the legitimate grounds of the controller override your grounds.
If the processing of your personal data has been restricted, this data – apart from being stored – may 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 has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You can request that the controller erase your personal data without undue delay, and the controller is obliged to erase such data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.
(4) Your personal data has been processed unlawfully.
(5) The erasure of 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 were collected in relation to information society services offered pursuant to Article 8(1) GDPR.
b) Exceptions
The right to erasure does not apply insofar as the processing is necessary.
(1) to exercise 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 Article 9(2)(h) and (i) and Article 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to in point (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defense of legal claims.
5. Right to information
If you have asserted your right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.
They have the right to be informed about these recipients by the data controller.
6. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.
The controller will no longer process your personal data unless they can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of establishing, exercising or defending legal claims.
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing; this also applies to profiling insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You have the option, 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.
7. Right to withdraw consent under data protection law
You have the right to withdraw your consent to data processing at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
8. 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, your place of work, or the place of the alleged infringement, if you consider 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 of the progress and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.
X. Up-to-dateness of the privacy policy
This privacy policy is currently valid and was last updated in May 2018. Due to the ongoing development of our website and related services, or due to changes in legal or regulatory requirements, it may become necessary to amend this privacy policy. The current privacy policy can be viewed at any time on the website at [website address]. https://www.advokat.de/datenschutz/ They can be retrieved and printed by you.