Disclaimer

I. Privacy Statement for the Website of Schrade & Partner

 § 1 Information about the Collection of Personal Data

(1) In the following we inform you about the collection of personal data while using our website www.schrade-partner.de. Personal data are all data that relate to you personally or are personally identifiable to you, e.g. name, address, e-mail address, IP address, user behaviour.

(2) Controller according to Art. 4 No. 7 General Data Protection Regulation (GDPR) is

SCHRADE & PARTNER Rechtsanwälte PartmbB, registered at the Commercial Register of the local court in Freiburg (Germany), no. PR 600003,
Max-Planck-Straße 11, 78052 Villingen-Schwenningen,
e-mail: villingen@schrade-partner.de
fon: 07721/20626-0
fax: 07721/20626-100

You may contact our Representative according to Art. 4 No. 17 GDPR:

Mr Markus Seifert
DATEV eG
90329 Nürnberg
e-mail: markus.seifert@datev.de

(3) When you contact us, in particular by e-mail, the data you provide (your e-mail address, if applicable your name and your telephone number) will be stored by us in order to answer your enquiry. We delete the data accrued in this context after storage is no longer necessary for this purpose or we restrict processing such data if statutory retention obligations exist.

§ 2 Collection and Storage of Personal Data as well as Type and Purpose of their Use, Duration of Storage

(1) When you visit the website www.schrade-partner.de for information purposes, i.e. if you do not register or provide us with other information, information is automatically sent to the server of our website by the browser used on your device. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted:

  • IP address of the requesting computer,
  • date and time of access,
  • time zone difference to Greenwich Mean Time (GMT),
  • name of the URL of the retrieved files,
  • website from which access is made (referrer URL),
  • the browser used and, if applicable, the operating system of your computer as well as the name of your access provider,
  • language and version of the browser software,
  • the amount of data transferred in each case.

We will process the abovementioned data for the following purposes:

  • to ensure a smooth connection to the website,
  • to ensure comfortable use of our website,
  • to evaluate system security and stability,
  • for other administrative purposes as well as
  • for statistical purposes, without the possibility of allocation to a specific person.

The legal basis for data processing is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interest follows from the aforementioned purposes for data collection. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

In addition, when you visit our website we use cookies and statistical evaluations are made. You will find a more detailed explanation in the following §§ 4 and 5 of this Privacy Statement.

(2) When registering for our newsletter, provided that you have expressly consented according to Art. 6 para. 1 s. 1 a) GDPR, we will use your e-mail address to send the newsletter you have expressly ordered at regular intervals. To receive the newsletter, simply enter your e-mail address and your name. You may unsubscribe or revoke your consent at any time in the future, e.g. via a link on the e-mail with which the newsletter is sent. Alternatively, you are also welcome to send your unsubscribe request to newsletter@schrade-partner.de by e-mail at any time.

(3) The personal data collected when using our website and when using the registration form for ordering the newsletter will be stored until the respective purpose is fulfilled and subsequently deleted, unless longer retention periods are imposed by tax and/or accounting law, or if longer storage is required for the purpose of asserting or defending claims. The accounting and tax retention periods are usually 10 years. For the data collected by means of cookies, more detailed information on deletion may be found in § 4 below.

§ 3 Transfer of data, transfer to third countries, etc.

(1) Your personal data will not be transmitted to third parties for purposes other than those listed below.

We will only pass on your personal data to third parties if:

a) you have given your express consent pursuant to Art. 6 para. 1 s. 1 lit. a) GDPR,

b) the transfer pursuant to Art. 6 para. 1 s. 1 lit. f) GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,

c) a legal obligation exists for the transfer in accordance with Art. 6 para. 1 s. 1 lit. c) GDPR or

d) the transfer is legally permissible and is required under Art. 6 para. 1 s. 1 lit. b) GDPR for the execution of a mandate or contractual relationship with you.

(2) No transfer to a third country or international organisation is intended. There is also no automated decision making including profiling.

§ 4 Cookies

(1) In the interest of user-friendliness, we use a temporary language cookie on our website which is stored on your device for a specified period of time. If you visit our website again to use our services, it is automatically recognized that you have already been with us and which settings you have made with regard to the selected language, so that you do not have to enter them again. This cookie is automatically deleted after a defined time. No other cookies are used on our website.

(2) The cookie processes data and is required for the aforementioned purposes to protect our legitimate interests and the legitimate interests of third parties according to Art. 6 para. 1 s. 1 lit. f) GDPR.

(3) Most browsers automatically accept cookies. However, you may reconfigure your browser so that cookies are not stored on your device or a message always appears before a new cookie is created. However, the complete deactivation of cookies may prevent you from using all functions of our website.

§ 5 Evaluations

Our web host carries out statistical evaluations, which serve to measure the visits on our website and to provide statistical evaluations. It uses your IP address for this purpose with the intention of collecting technical data, including Internet traffic, the browser and computer used. This data is only stored anonymously and separately from personal information on the secure internal pages of the web host and therefore does not allow any conclusions about an individual person. The data collection serves exclusively for the creation of statistical evaluations, which the web host provides to us for an optimal adaptation of our website to the needs of our users. No personal information is linked or used with this anonymous data.

§ 6 Rights of a Data Subject

You have the right:

a) to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you may request information about processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of correction, deletion, restriction, processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automatic decision-making including profiling and, if applicable, meaningful information about their details;

b) to demand without delay the correction of incorrect or the completion of your personal data stored by us in accordance with Art. 16 GDPR;

c) to request the deletion of personal data stored with us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to free expression of opinion and information, to fulfil a legal obligation for reasons of public interest or to assert, exercise or defend legal claims;

d) to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR if the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to delete the data and we no longer need them, but you need such data to assert, exercise or defend legal claims or if you have filed an objection against the processing pursuant to Art. 21 GDPR;

e) to receive your personal data that you have provided to us in a structured, current and machine-readable format or to request its transfer to another controller in accordance with Art. 20 DSGVO;

f) to revoke your consent once given to us at any time in accordance with Art. 7 para. 3 GDPR, which means that we may no longer continue data processing based on this consent in the future, and

g) to complain to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you may contact the supervisory authority of your usual place of residence or place of work or of our office.

For the assertion of the aforementioned rights as well as for questions regarding data protection, you may contact the Controller according to § 1 above or send an e-mail to datenschutz@schrade-partner.de

§ 7 Right of Objection

If your personal data are processed on the basis of a legitimate interest pursuant to Art. 6 para. 1 s. 1 lit. f) GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for objection arising from your particular situation or you object to direct advertising. In the latter case, you have a general right of objection, which we will implement without requiring specification of a particular situation. If you wish to exercise your right of revocation or objection, simply send an e-mail to datenschutz@schrade-partner.de.

§ 8 Data Security

(1) During a website visit, we use the common SSL procedure (Secure Sockets Layer) in conjunction with the highest level of encryption supported by your browser. This is usually 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. Whether a single page of our website is transmitted in encrypted form is indicated by the closed key or lock symbol in the lower status bar of your browser.

(2) We also use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

§ 9 Currency of and Changes to this Privacy Statement

This Privacy Statement is currently valid and has the status “May 2018”. Due to the further development of our website and offers thereon or due to changed legal or official requirements, it may become necessary to change this Privacy Statement. You may retrieve, save or print out the current Privacy Statement at any time at https://www.schrade-partner.de/datenschutz/.

 

 

II. Notice on Data Protection in Data Processing for Clients and Business Partners as well as their Managing Directors, Shareholders, Authorised Representatives and Contact persons

§ 1 Information about the Collection of Personal Data

(1) In the following we inform you about the collection of personal data of clients and other business partners of the law firm Schrade & Partner Rechtsanwälte PartmbB as well as of personal data of managing directors, shareholders, other authorised representatives and contact persons of or at businesses that are clients or business partners of the law firm Schrade & Partner Rechtsanwälte PartmbB.

Personal data are all data that relate to you personally or are personally identifiable to you, e.g. name, address, e-mail address, date of birth etc.

(2) Controller according to Art. 4 No. 7 General Data Protection Regulation (GDPR) is

SCHRADE & PARTNER Rechtsanwälte PartmbB, registered at the Commercial Register of the local court in Freiburg (Germany), no. PR 600003,
Max-Planck-Straße 11, 78052 Villingen-Schwenningen
e-mail: villingen@schrade-partner.de
fon: 07721/20626-0
fax: 07721/20626-100

You may contact our Representative (according to Art. 4 No. 17 GDPR):

Mr Markus Seifert
DATEV eG
90329 Nürnberg
e-mail: markus.seifert@datev.de

§ 2 Collection and Storage of Personal Data as well as Type and Purpose of their Use, Duration of Storage

(1) If you engage or mandate us, we collect your data basically from information given by yourself. In particular, the following data is collected:

  • salutation,
  • first name, last name, possibly further identification data,
  • valid e-mail address,
  • postal address,
  • telephone numbers (landline and/or mobile),
  • tax or other identification numbers,
  • information, data, figures and data which are necessary for the representation of your interests and/or the assertion and defence of your rights within the scope of the mandate.

These data are collected and processed,

  • to identify you as a client or business Partner,
  • in order to be able to provide you with appropriate legal advice and representation or to perform the contractual relationship,
  • to correspond with you,
  • for invoicing, invoice payment,
  • other measures or legal acts required in connection with the mandate or contractual relationship,
  • for accounting and tax purposes,
  • to fulfil our other statutory obligations (e.g. under the German Money Laundering Act – Geldwäschegesetz).

(2) If we are in contact with you as managing director, shareholder, other authorized representative or contact person of or with businesses that are our clients or business partners, in particular the following data will be collected:

  • salutation,
  • first name, last name, possibly further identification data,
  • valid e-mail address,
  • postal address,
  • telephone numbers (landline and/or mobile),

These data are collected and processed,

  • to be able to identify you as managing director, shareholder, other authorized representative or contact person of or at businesses that are our clients or business partners,
  • to be able to appropriately advise and represent you or your company in a legal capacity, or to perform the contractual relationship with the business partner for whom you are working,
  • to correspond with you,
  • for invoicing, invoice payment,
  • other measures or legal acts required in connection with the mandate or contractual relationship,
  • for accounting and tax purposes,
  • to fulfil our other statutory obligations.

(3) The data will be processed upon your own request for the performance of pre-contractual measures and/or for the performance of a mandate or consultancy agreement or other contractual relationship in accordance with Art. 6 para. 1 s. 1 lit. b) GDPR. Furthermore, data is being processed to fulfil our own legal obligations pursuant to Art. 6 para. 1 s. 1 lit. c) GDPR, in particular with regard to our tax and accounting obligations and, where applicable, to safeguard our own legitimate interests or the legitimate interests of third parties pursuant to Art. 6 para. 1 s. 1 lit. f) GDPR.

A further legal basis is your explicit consent pursuant to Art. 6 para. 1 s. 1 lit. a) GDPR. This applies, for example, to the sending of a newsletter as well as to the release from professional secrecy in order to pass on the data you have provided to third parties, e.g. banks, insurance companies, business partners, etc., at your request.

§ 3 Disclosure of Data to Third Parties, Information about Data Processors, Transfer to a Third Country

(1) We will not transfer your personal data to third parties for purposes other than those listed below.

Insofar as required pursuant to Art. 6 para. 1 s. 1 lit. b) GDPR for the performance of the mandate or advisory relationship with you, your personal data will be passed on to third parties. This includes in particular the passing on of your data to opposing parties and their representatives (especially their lawyers) as well as courts and other public authorities for the purpose of correspondence as well as for representing your interests and for asserting and defending your rights. In all other respects, the data is only passed on within the scope of our own obligation pursuant to Art. 6 para. 1 s. 1 lit. c) GDPR, e.g. for accounting and tax purposes. In this respect, the data is passed on to the tax authorities as well as to the necessary extent, e.g. to our tax consultant, who is himself bound to professional secrecy.

(2) In the areas of IT operation, data center operation and IT support, website operation etc. as well as in the area of file destruction, we are using data processors in accordance with Art. 28 et seq. GDPR, which were also contractually bound to observe professional secrecy and to comply with the requirements of the GDPR and the German Federal Data Protection Act (Bundesdatenschutzgesetz BDSG).

(3) A transfer to third parties, in particular the transfer of data to third countries or international organisations does not take place, unless you expressly instruct us to do so, releasing us from professional secrecy, or you give your express consent accordingly.

A fully automated decision making process (including profiling according to Art. 22 GDPR) is not used for processing the data you provide.

§ 4 Duration of processing, criteria for deletion, retention periods

(1) The data provided by you will be processed for as long as it is necessary to achieve the respective purpose. In the event of a contract negotiation that does not lead to the conclusion of a contract, the data will be deleted immediately, unless it is necessary to prove compliance with the provisions of the GDPR or the BDSG or to safeguard or defend claims.

(2) The data collected for the execution of a mandate or consulting contract will be processed for the duration of the contractual relationship and, after its termination, only to the extent required for compliance with statutory retention obligations or on the basis of justified interests, in particular for the preservation or defence of claims. After the legal retention periods have expired and/or our legitimate interests have ceased to exist, the data collected from you will be deleted.

(3) The retention period is six years for reference files after termination of the mandate; in matters of inheritance law the period is up to 30 years. The tax and accounting retention periods are up to 10 years.

The time limits for the preservation of evidence are based on the statute of limitations. According to §§ 195 et seq. of the German Civil Code (Bürgerliches Gesetzbuch), the limitation periods may be up to 30 years, whereby the regular limitation period is three (3) years.

§ 5 Your Rights as Data Subjects

You have the right:

a) insofar as the processing of your data is based on your express consent, to revoke your consent to us at any time in accordance with Art. 7 para. 3 GDPR. As a result, we are no longer allowed to continue processing data based on this consent in the future;

b) to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you may request information about processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of correction, deletion, restriction, processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automatic decision-making including profiling and, if applicable, meaningful information about their details;

c) to demand the correction of incorrect or the completion of your personal data stored by us without delay in accordance Art. 16 GDPR;

d) to request the deletion of personal data stored with us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to free expression of opinion and information, to fulfil a legal obligation for reasons of public interest or to assert, exercise or defend legal claims;

e) to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR if the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to delete the data and we no longer need them, but you need such data to assert, exercise or defend legal claims or if you have filed an objection against the processing in accordance with Art. 21 GDPR;

f) to receive your personal data that you have provided to us in a structured, current and machine-readable format or to request its transfer to another controller in accordance with Art. 20 GDPR; and

g) to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you may contact the supervisory authority of your usual place of residence or place of work or of our office.

For the assertion of the aforementioned rights as well as for questions regarding data protection, you may contact the Controller according to § 1 above or send an e-mail to datenschutz@schrade-partner.de

§ 6 Right of Objection

If your personal data are processed on the basis of a legitimate interest pursuant to Art. 6 para. 1 s. 1 lit. f) GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for objection arising from your particular situation. If you wish to exercise your right of revocation or objection, simply send an e-mail to datenschutz@schrade-partner.de.

§ 7 Currency of and Changes to this Notice of Data Protection

This Notice on Data Protection is currently valid and has the status “May 2018”. Due to changes in our business activities or due to changed legal or official requirements, it may become necessary to change this Notice on Data Protection. You may retrieve, save or print out the current Notice on Data Protection at any time at https://www.schrade-partner.de/datenschutz/.

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