We comply with the applicable data protection regulations, in particular the requirements of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). We process your personal data only if the law permits data processing of if you have given your consent to the processing of your data. The transparency of the data processing is an important concern for us, so that we would like to inform you comprehensively by providing the following information regarding privacy and data protection.
2) GENERAL INFORMATION ON DATA PROCESSING
3) YOUR RIGHTS
4) LOGFILES, SERVER
6) DATA PROCESSING FOR ADVERTISING PURPOSES
7) CONTACTING US / (PRE-)CONTRACTUAL SERVICES
8) DATA TRANSFER
9) INTEGRATION OF SERVICES AND CONTENTS OF THIRD PARTIES
10) APPLICANT DATA
12) DEFINITION OF TERMS
The entity responsible for processing your personal data on this website is
JENTZSCH IT Rechtsanwaltsgesellschaft mbH
D – 20354 Hamburg
Tel. 040 228683860
2) GENERAL INFORMATION ON DATA PROCESSING
a. Scope & purpose of the processing of personal data
We process your personal data as a user of this website only to the extent necessary to provide a functioning website and our content and services. Your personal data will only be processed with your specific consent, unless data processing is permitted by law without prior consent. The purposes of the processing result from the processing activities described in more detail below.
b. Legal basis for the processing of personal data
Insofar as we obtain your consent for the processing of personal data, Art. 6 para. 1 a) EU General Data Protection Regulation (GDPR) serves as the legal basis.
If the processing of your data is necessary to fulfil a contract to which you are a party, Art. 6 para. 1 b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.
If the processing of your personal data is necessary to fulfil a legal obligation to which we are subject, Art. 6 para. 1 c) GDPR serves as the legal basis.
In the event that vital interests of you or another natural person require the processing of personal data, Art. 6 para. 1 d) GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and your interests, fundamental rights and fundamental freedoms do not outweigh the first interest, Art. 6 para. 1 f) GDPR serves as the legal basis for the processing.
c. Data erasure and storage duration
Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, your personal data may be stored if this has been provided for by law or other legal provisions binding on us. The data will also be blocked or deleted if a storage period prescribed by the aforementioned legal provisions expires, unless it is necessary for further storage of the data for the conclusion of a contract or fulfilment of a contract.
d. Types of data processed
– Customer data (for example, name, address);
– Contact details (e.g. e-mail address, phone number);
– Content data (e.g. text input, photographs, Videos);
– Usage data (e.g. website views, access times, personal interests);
– Communication and metadata (e.g. IP addresses, device information).
e. Purposes of processing
– Provisioning of the online offer, its functions and contents;
– Replying to contact enquiries and communicating with others;
– Security measures;
– Range measurement/marketing.
f. Categories of data subjects
Visitors and users of the online service (hereinafter referred to as “users“).
3) YOUR RIGHTS
When processing your personal data, you have the following rights, which we will gladly inform you about below. You may contact us as the controller; the contact data can be found above under paragraph 1).
a. Right to information
Upon request, we will confirm to you whether your personal data will be processed. If this is the case, you have the right to be informed about the following information
- the purpose(s) of the data processing,
- the categories of data processed, and
- the recipients or categories of recipients to whom data are disclosed by virtue of legal obligations or contractual relations, in particular recipients in third countries
- the planned duration of storage or, if this is not possible, the criteria for determining the duration
- the existence of a right to rectify or delete personal data relating to them, or to limit the processing by us or to object to such processing
- the existence of a right of appeal to the supervisory authority
- in the event that the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision making including profiling and meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
- in the case of a transfer to a third country or to an international organisation, the appropriate guarantees in connection with the transfer.
On request, you will receive a copy of the data you have collected and processed. This is generally provided free of charge.
b. Right to rectification
You have the right to request the immediate rectification of any inaccurate personal data concerning you. You have the right to request the completion of incomplete personal data – also by means of a supplementary declaration – taking into account the purposes of the processing.
c. Right to erasure (so-called Right to be forgotten)
Upon request or after fulfilment or termination of the contract with us, your personal data will be deleted immediately if this is not contrary to tax or commercial storage or documentation obligations or the safeguarding of the legitimate interests of the responsible person is at risk.
A claim for deletion exists under the following conditions:
- The personal data were collected for such purposes or processed in any other way for which they are no longer necessary.
- You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 a GDPR or Art. 9 para. 2 a GDPR and there is no other legal basis for the processing.
- You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
- The personal data were processed unlawfully.
- The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR (consent given by a child).
d. Right to restriction of processing (Blocking)
Under the following conditions you have the right to demand the restriction of processing, i.e. the blocking of your personal data for processing:
- you dispute the accuracy of the personal data for a period of time which enables us to verify the accuracy of the personal data.
- the processing is unlawful, you refuse to delete the personal data and instead demand the restriction of the use of the personal data.
- The data controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims.
- The user has lodged an objection against the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the user.
e. Right to data portability
On request, your data can be made available for a fee in a structured, common and machine-readable format for you and a subsequent service provider to enable fast transmission. This applies in any case if the processing is based on a consent pursuant to Art. 6 para. 1 a GDPR or Art. 9 para. 2 a) GDPR or on a contract pursuant to Art. 6 para. 1 b GDPR and the processing is carried out using automated procedures.
f. Right of withdrawal of your consent (Art. 7 para. 3 GDPR)
You can revoke your consent at any time by letting us know. As a result, we may no longer continue the data processing based on this consent in the future.
g. Right to appeal to the supervisory authority (Art. 77 GDPR)
If you are of the opinion that there has been a violation of data protection regulations, you have the right to lodge a complaint with the responsible supervisory authority. For companies in Hamburg, for example, this is the Hamburg Commissioner for Data Protection and Freedom of Information: https://www.datenschutz-hamburg.de
h. Right to object (Art. 21 GDPR)
You also have the right to object to the processing of your personal data. If the processing is carried out for the purpose of direct advertising (e.g. newsletter), this right exists at any time. Otherwise, the right may also exist for reasons arising from your particular situation to object to the processing of your personal data at any time. This only applies if the processing is carried out on the basis of Art. 6 Para. 1 e) or f) GDPR (protection of public interests or legitimate interests by the person responsible). We will then no longer process the personal data unless we can prove compelling reasons for the processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.
In order to exercise this right of objection, you can also send us an informal message, stating your e-mail address, via the contact options mentioned under point 1, expressing your intention to object.
4) LOGFILES, SERVER
If you only use the website for information purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6 Para. 1 S. 1 f) GDPR):
Date and time of access, name of the pages accessed, IP address of the requesting device, referrer URL (URL of origin from which visitors came to our website), transferred data volume, loading time, browser type, language & version, name of the access provider of the visitor, operating system and its interface. The IP address is anonymized after 24 hours by zeroing the last octet. The deletion takes place after 7 days at the latest.
We use a so-called host to provide certain services in connection with the operation of this website: in particular, IT infrastructure, computing services, database services, e-mail dispatch, security services, server storage space and technical maintenance services are provided. In doing so, we or our hosters process on our behalf inventory data, contact data, content data, contract data, usage data, meta and communication data of our visitors to our website on the basis of Art. 28 GDPR due to our legitimate interests in a professional and secure provision of our website in accordance with Art. 6 Para. 1 f) GDPR.
In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive by the browser you are using and allow certain information to flow to us as the location that set the cookie. Cookies cannot execute programs or transmit viruses to your computer. They serve to make the website more user-friendly and effective.
This website uses the following types of cookies, the scope and function of which are explained below:
Temporary cookies are automatically deleted when you close your browser. These include in particular session cookies. They store a so-called session ID, which can be used to assign various requests from your browser to the joint session. This enables your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close your browser.
Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.
If these cookies and/or the information they contain are personal data, the legal basis for data processing is Art. 6 Para. 1 f) GDPR. Our interest in optimising our website is deemed to be justified within the meaning of the aforementioned provision.
You can configure your browser settings according to your wishes and, for example, refuse the acceptance of third-party cookies or all cookies. We would like to point out that in this case you may not be able to use all the functions of this website.
6) DATA PROCESSING FOR ADVERTISING PURPOSES
Advertising with consent
We process your data for marketing purposes only on the basis of an explicit consent for these purposes in accordance with Art. 6 para. 1 letter a) GDPR unless otherwise stated below.
We have entered into proper order processing agreements with service providers who we employ for the purpose of advertising delivery and who process data on our behalf strictly in accordance with instructions.
Reference to the right of revocation
You can revoke your consent at any time free of charge with effect for the future.
In order to exercise this right of revocation, you can send us an informal message via the contact options mentioned under point 1, expressing your intention to revoke. The revocation does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation
We send postal advertising for our services. If you have made personal data, such as your name, publicly accessible on the website of your company or the websites of third parties with reference to your company, your personal data may be processed if we address you by name in the advertising.
These data are processed by us exclusively for the postal sending of advertising information. The processing is based on our legitimate interests in advertising and disseminating our services to presumably interested companies, in particular directly contacting the responsible contact person (pursuant to Art. 6 para. 1 f) GDPR). Your name and contact data are affected by this. With the exception of Deutsche Post, this data is not transmitted to other recipients by mail. This data will be deleted as soon as we no longer need you to send information to your company, at the latest, however, after the expiry of statutory retention rights.
In particular, you have the right to object to this method of advertisement (see also section 3. h.). In order to exercise this right of objection, you can send us an informal message via the contact options mentioned in section 1, expressing your intention to object.
7) CONTACTING US / (PRE-)CONTRACTUAL SERVICES
Ways to contact us by e-mail, post & telephone
You have the option of contacting us in several ways. By e-mail, telephone or post. If you contact us, we will use the personal data that you voluntarily provide to us for the sole purpose of contacting you and processing your enquiry.
The legal basis for this data processing is Art. 6 para. 1 b) GDPR. Your data will be deleted if they are no longer needed for the purpose of processing and there is no legal obligation to store them.
A contact form is available on our website, which can be used for contacting us by electronic means. If a user makes use of this option, the data entered by you in the input mask will be transmitted to us in encrypted form and stored.
The legal basis for the processing of your data is Art. 6 para. 1 a) GDPR if you have given your consent. If you have not given your individual consent, we will process your data on the basis of Art. 6 Para. 1 b) GDPR. The processing of personal data from the input mask serves us solely to process the establishment of contact.
If you contact us by e-mail, this data will be stored by us and added to the so-called “reference file” in accordance with § 50 of the Federal Lawyers’ Act (BRAO), insofar as it is mandate-related. Reference files must be kept for six years in accordance with the legal requirements.
The lawyer’s duty of confidentiality applies to the information you provide. This obligation refers to everything that is entrusted to us or otherwise disclosed to us within the scope of the mandate. Exceptions shall only apply if expressly agreed otherwise with you in advance or if certain information from the client relationship has already become (publicly) known.
(Pre)contractual services, e.g. generators
In connection with the provision of pre-contractual or contractual services, we process your data as our contractual partner or interested party in accordance with Art. 6 para. 1 b) GDPR. Type, content, scope and purpose of the data processed by us as well as its necessity result from the respective underlying (pre-)contractual relationship. This includes the master data of our contractual partners, contact data (such as e-mail address, telephone number) as well as contract data and payment data (e.g. bank details). As a matter of principle, we do not process personal data of special categories unless these are components of a commissioned or contractual processing.
Data will be processed by us – as far as necessary – to substantiate and fulfil the agreed contractual services. This happens, for example, if you use a generator on our website. Insofar as this is not obvious, we point this out to our customers. Data will only be passed on to third parties if this is necessary for the fulfillment of the contract. Within the scope of using our online services, we can save the IP address and the time of the respective user action. The storage is based on our legitimate interests and to protect against misuse and other unauthorized use. This data will not be passed on to third parties unless the pursuit of claims requires this within the meaning of Art. 6 Para. 1 f) GDPR or there is a legal obligation pursuant to Art. 6 Para. 1 c) GDPR.
The data shall be deleted if the storage of the data is no longer necessary for the fulfilment of contractual or statutory obligations and for the handling of any warranty and comparable obligations. The necessity of the data is reviewed every three years. In all other respects, the data shall be stored to the extent and for as long as legal storage obligations exist.
WEBINARS / ONLINE-CONFERENCE
We organize webinars and online conferences for those interested in data protection and our customers. These usually require a registration with input of personal data, which at least includes name and e-mail address. In the course of the implementation, further personal data will be collected from you if you enter these (e.g. name) or make them known and your IP address will be processed for technical implementation.
The legal basis for the processing of your data is Art. 6 para. 1 a) GDPR if you have given your consent. If you have not given your individual consent, we will process your data on the basis of Art. 6 Para. 1 b) GDPR.
8) TRANSFER OF DATA
The transfer to service providers shall only take place on the basis of a proper agreement on order processing pursuant to Art. 28 GDPR.
With the exception of the processing operations described here, we do not pass on your data to recipients domiciled outside the European Union or the European Economic Area. The processing operations mentioned here cause data to be transferred to the servers of the providers of tracking or targeting technologies commissioned by us
9) INTEGRATION OF SERVICES AND CONTENTS OF THIRD PARTIES
Within the framework of our website, we use offers from third providers on the basis of consent in accordance with Art. 6 Para. 1 f) GDPR or, if consent is not given in individual cases and is not legally required, on the basis of our legitimate interests (i.e. interest in evaluating the use of our website and improving the operation of our website within the meaning of Art. 6 Para. 1 f) GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This may require the respective third party providers to use your IP address, as they would not be able to send the content to your browser without the IP address. The IP address is therefore required for the delivery and display of this content. Third parties may also use so-called “pixel tags” (invisible graphic files, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to analyse the user behaviour on this website. The pseudonymous information can be stored in cookies on your device and can contain, for example, technical information about visiting times, browser and operating system, previously visited website as well as further information about the use of our website. There is no link to similar information from other sources.
If you do not want pixel tags to record your usage behavior, you can object to the data collection at any time.
We may include maps from the Google Maps service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Processed data may include, but is not limited to, IP addresses and location data of users without their consent (usually performed as part of the settings of their mobile devices). The data can be processed in the USA. You can find their data protection information at: https://www.google.com/policies/privacy/
You can set an opt-out under this link: https://adssettings.google.com/authenticated.
If you leave comments or other contributions, your IP address may be stored for up to 7 days due to our legitimate interests pursuant to Art. 6 para. 1 f) GDPR. This is done for our security and to protect others from illegal content. In this case, we are liable as the operator of this website and would therefore like to try to identify the author. In addition, the recognition of spam and its exclusion as a legitimate interest on our part Art. 6 para. 1 f) GDPR is hereby made possible.
The contents indicated in the context of your comments and/or contributions are stored permanently by us until your objection, as far as no other obligation exists to the removal.
You can set an opt-out under this link: https://adssettings.google.com/authenticated
10) APPLICANT DATA
We process the personal data of applicants for the purpose of processing the application process. The processing can also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to us electronically, for example by e-mail. If an employment contract is concluded with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If no employment contract is concluded, the application documents are automatically deleted six months after notification of the rejection decision, provided that no other legitimate interests of the person responsible oppose deletion.
The controller reserves the right to adapt security and data protection measures if this becomes necessary due to technical or legal developments. In such cases, the controller will also adapt these data protection notices accordingly. Please therefore take note of the latest version of our data protection information.
12) DEFINITION OF TERMS
For a better understanding, we would like to provide you with the following definitions of the GDPR as far as they are relevant for our data protection information.
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he/she can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Personal data are, in simplified form, individual details about personal or factual circumstances of a specific or determinable natural person, i.e. not legal persons, such as a GmbH. Personal data includes above all information such as name, address, e-mail address and IP address.
“Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
Restriction of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing (in the sense of blocking).
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, trustworthiness, conduct, whereabouts or movement of that natural person.
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
The controller shall be the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
„”Supervisory authority” means an independent government body established by a Member State pursuant to Art. 51 GDPR.
© This Privacy Notice has been prepared with the assistance of the SMARTDPO Privacy Generator. The owner of the copyright rights of use is JENTZSCH IT Rechtsanwaltsgesellschaft mbH, Hamburg.