Persons responsible under data protection laws are

Beate Fiedler, Lawyer and Reinhard Schelle, Lawyer

Phone +49 (0)711 67497980
Email info@fp-ifl.de

With these privacy notices, we inform you (hereinafter also referred to as “user” or “data subject”) in a general manner about data processing in our law firm and, in particular, about data processing when visiting our website, contacting us via email or telephone. Furthermore, we inform you about our online presences in social media and about your rights regarding the processing of your data. The term “data processing” always means the processing of personal data.

1. General information about data processing

1.1 Categories of personal data

We process the following categories of personal data:

• Inventory data (e.g., names, addresses, roles, organizational affiliation, etc.);

• Contact data (e.g., email, telephone/fax numbers, etc.);

• Content data (e.g., text entries, image files, videos, etc.);

• Usage data (e.g., access data);

• Meta-/communication data (e.g., IP addresses).

1.2 Recipients or categories of recipients of personal data

If we disclose data to other persons or companies such as web hosts, processors, or third parties, transfer it to them, or otherwise grant access to the data within the scope of our processing, this is done on the basis of a legal permission (e.g., if transmission to third parties is necessary for contract performance according to Art. 6 Para. 1 Subpara. 1 lit. b GDPR), if the data subjects have consented, or if a legal obligation requires it.

1.3 Duration of storage of personal data

The criterion for the duration of storage of personal data is the respective statutory retention period. After the expiry of this period, the respective data will be deleted unless it is still required for the purpose achievement, contract fulfillment, or contract initiation.

1.4 Transfers to third countries

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs within the framework of the use of services by third parties or the disclosure or transmission of data to third parties, this is only done if necessary to fulfill our (pre-) contractual obligations, based on your consent, due to a legal obligation, or based on our legitimate interests. Subject to statutory or contractual permissions, we or our processors only process data in a third country if the special conditions of Articles 44 et seq. GDPR are met, i.e., processing takes place based on special guarantees such as an officially recognized adequacy decision of an EU-equivalent level of data protection or compliance with officially recognized specific contractual obligations (so-called “standard contractual clauses”).

1.5 Legal bases

By law, the processing of personal data is generally prohibited and only permitted if the data processing falls under one of the following legal bases:

• Art. 6 Para. 1 Sentence 1 lit. a GDPR („Consent“): When the data subject has given consent voluntarily, informed, and unambiguously by a statement or another clear affirmative action that they agree to the processing of their personal data for one or more specific purposes;

• Art. 6 Para. 1 Sentence 1 lit. b GDPR: When processing is necessary for the performance of a contract to which the data subject is a party or for pre-contractual measures at the data subject’s request;

• Art. 6 Para. 1 Sentence 1 lit. c GDPR: When processing is necessary to fulfill a legal obligation to which the controller is subject (e.g., statutory retention obligations);

• Art. 6 Para. 1 Sentence 1 lit. d GDPR: When processing is necessary to protect vital interests of the data subject or another natural person;

• Art. 6 Para. 1 Sentence 1 lit. e GDPR: When processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or

• Art. 6 Para. 1 Sentence 1 lit. f GDPR („Legitimate interests“): When processing is necessary for the legitimate interests pursued by the controller or a third party, unless overridden by the interests or fundamental rights and freedoms of the data subject, especially if the data subject is a child.

For the processing operations carried out by us, we indicate the applicable legal basis below. Processing may also be based on multiple legal bases.

2. Data processing when visiting our website

2.1 Log files

Each time a data subject accesses our website, general data and information are stored in the log files of our system:

• Date and time of access (timestamp);

• Request details and destination address (protocol version, HTTP method, referrer, user agent string);

• Name of the retrieved file and transferred data volume (requested URL including query string, size in bytes);

• Notification whether the retrieval was successful (HTTP status code).

We do not draw conclusions about the data subject when using these general data and information. No personal evaluation or evaluation for marketing purposes or profiling takes place. The IP address is not stored in this context.
The legal basis for the temporary storage of the data is Art. 6 Para. 1 Subpara. 1 lit. f GDPR. Collecting the data to provide the website and storing it in log files is absolutely necessary for the secure operation of our website. Therefore, the data subject has no right to object.

2.2 Malware detection and log file evaluation

We collect log data generated during the operation of our law firm’s communication technology and evaluate it automatically to the extent necessary to detect, limit, or eliminate malfunctions or errors in communication technology or to defend against attacks on our information technology or to detect and defend against malicious software.
The legal basis for the temporary storage and evaluation of the data is Art. 6 Para. 1 Subpara. 1 lit. f GDPR. Storage and evaluation are indispensable for providing the website and for its secure operation. Hence, the data subject has no right to object.

2.3 Cookies

Our website uses so-called cookies. Cookies are small text files exchanged between the web browser and the hosting server. Cookies are stored on the user’s computer and sent back to our site. You can restrict or generally prevent the use of cookies through corresponding settings in the web browser you use. Already stored cookies can be deleted at any time. Disabling cookies for our website may result in the site not being displayed or used fully.
The legal basis for the processing of personal data through cookies is Art. 6 Para. 1 Subpara. 1 lit. f GDPR.

2.4 Hosting

The hosting services we use provide infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services used to operate our website.
We or our processors process inventory data, contact data, content data, contract data, usage data, and meta- and communication data of users of our website based on our legitimate interest in an efficient and secure provision of this online offer according to Art. 6 Para. 1 Subpara. 1 lit. f GDPR in conjunction with Art. 28 GDPR (contract for order processing).

3. Data processing in connection with contacting us

3.1 Contact via email

Contact with our law firm via email is possible using the email addresses published on our website.
If you use this method of contact, the data you transmit (e.g., name, first name, address), at least your email address, and the information contained in the email including the personal data you transmit, are stored for the purpose of contacting and processing your concerns. The following data are also collected by our system:

• IP address of the calling computer;

• Date and time of the email.

  The legal basis for processing personal data in connection with emails sent to us is Art. 6 Para. 1 Subpara. 1 lit. b or lit. f GDPR.

3.2 Contact by letter and fax

If you send us a letter or fax, the data you provide (e.g., name, first name, address) and the information contained in the letter or fax including personal data you transmit are stored for the purpose of contacting and processing your concerns.
The legal basis for processing personal data in connection with letters and faxes sent to us is Art. 6 Para. 1 Subpara. 1 lit. b or lit. f GDPR.

4. Data processing within the framework of the attorney-client relationship

Within the attorney-client relationship or the initiation of such a relationship with our law firm, your personal data necessary for establishing and carrying out the attorney-client relationship are processed. These include in particular first and last name, your contact details, and other data necessary for carrying out the mandate depending on the type and scope of the mandate granted or to be granted. The legal basis for this processing is Art. 6 Para. 1 lit. b GDPR.

If your personal data are transmitted to us by third parties regarding an existing or future mandate, the data processing serves the execution of the mandate. If your personal data are transmitted to us because our client intends to assert claims against you or expects that claims may be asserted against them, the data processing also serves the assertion, exercise, or defense of legal claims. Processing serves the legitimate interests of our client according to Art. 6 Para. 1 lit. f GDPR.

5. Online presence in social media

We reserve the right to maintain online presences on social networks to inform users active there about our services and, if interested, communicate via the platforms. Our social media channels can only be accessed via an external link

6. Rights of the data subject
As a data subject, you have the following rights under data protection law:

6.1 Right to confirmation
You can request confirmation from us at any time whether personal data concerning you is being processed.

6.2 Right of access
You have the right to obtain information about your stored personal data and a copy of this information. In addition, you have the right to request further information such as the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom the personal data have been or will be disclosed, the planned duration of storage, the existence of a right to rectification or erasure of personal data, the existence of a right to restriction of processing or objection, the existence of a right to lodge a complaint with a supervisory authority, the origin of your data if it was not collected from you, and the existence of automated decision-making including profiling.

6.3 Right to rectification
You have the right to demand that we immediately rectify incorrect or incomplete personal data concerning you.

6.4 Right to erasure („right to be forgotten“)
You can request the deletion of your personal data if one of the following reasons applies: the data are no longer necessary for the purpose for which they were collected or processed, you withdraw your consent and no other legal basis for processing exists, you object to the processing and no overriding legitimate reasons exist, the data were unlawfully processed, or the data must be deleted to comply with a legal obligation. However, this right does not apply if processing is necessary to exercise the right of freedom of expression and information, to comply with a legal obligation, for reasons of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes, or for asserting, exercising, or defending legal claims.

6.5 Right to restriction of processing
You have the right to request the restriction of processing if one of the following applies: the accuracy of the data is contested by you, processing is unlawful but you refuse deletion and instead request restriction, we no longer need the data for processing but you need them for asserting, exercising or defending legal claims, or you have objected to the processing and the examination of overriding legitimate reasons is pending.

6.6 Right to data portability
You have the right to receive your personal data which you have provided to us in a structured, commonly used, and machine-readable format, and have the right to transmit this data to another controller without hindrance from us, provided that processing is based on consent or contract and is carried out by automated means.

6.7 Right to object
You have the right to object at any time to processing of personal data concerning you which is based on Art. 6 Para. 1 lit. e or f GDPR, including profiling based on these provisions, for reasons arising from your particular situation. 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 for the assertion, exercise or defense of legal claims. If personal data are processed for direct marketing purposes, you have the right to object at any time to processing for such marketing.

6.8 Right to withdraw consent
If the processing of your personal data is based on your consent, you have the right to withdraw this consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.