Privacy Statement

 

Rechtsanwaltskanzlei Matthias Andert

 

We, the law firm Matthias Andert, thank you for visiting our homepage. As a law firm, the secure handling of your data is particularly important to us. We would therefore like to inform you in detail about the use of your data when you visit our website.

1 Definitions

The data protection declaration of the law firm Matthias Andert is based on the terms used by the European legislator of directives and regulations when issuing the basic data protection regulation (DSGVO). Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

Personal data: Personal data are all information relating to an identified or identifiable natural person (hereinafter "data subject"). Identifiable is a natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

Data subject: Data subject is any identified or identifiable natural person whose personal data are processed by the controller.

Processing: processing means any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data, such as the collection, collection, organisation, arrangement, storage, adaptation or alteration, retrieval, retrieval, use, disclosure by transmission, dissemination or any other form of provision, reconciliation or linking, restriction, erasure or destruction.

Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

Profiling: Profiling is any type of automated processing of personal data consisting in 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, reliability, behaviour, whereabouts or relocation of that natural person.

Pseudonymisation: Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.

Controller or controller: The controller or controller is a natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing 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 person responsible or the specific criteria for his appointment may be laid down by Union law or by the law of the Member States.

Processor: Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.

Recipient: A natural or legal person, authority, institution or other body to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.

Third party: a third party is a natural or legal person, authority, institution or other body other than the data subject, the data processor, the data processor and the persons authorised to process the personal data under the direct responsibility of the data processor or the data processor.

Consent: Consent shall mean any informed and unequivocal expression of will voluntarily given by the data subject in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her.

2. collection of data

The website of Matthias Andert. collects a series of general data and information every time a person or an automated system accesses the website. This general data and information is stored in the log files of the server. You can enter the

a)used browser types and versions,

b) the operating system used by the accessing system,

c) the website from which an accessing system reaches our website (so-called referrer),

d) the subwebsites which are accessed via an accessing system on our website,

e)the date and time of access to the Website,

(f)an Internet Protocol (IP) address,

g)the Internet service provider of the accessing system and

h)other similar data and information used for security purposes in the event of attacks on our information technology systems.

When using this general data and information, the firm/company... no conclusions about the person concerned. Rather, this information is needed to

a)to deliver the contents of our website correctly,

b) to optimize the contents of our website as well as the advertising for them,

c)to ensure the permanent functionality of our information technology systems and the technology of our website, and

(d)to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack.

These anonymously collected data and information are therefore evaluated by the firm/company... on the one hand statistically and on the other hand with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.

3. legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide them

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Prior to the provision of personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.

4 Use of data when registering for the e-mail newsletter

On the website of the law firm Matthias Andert, users are given the opportunity to subscribe to our company's newsletter. Which personal data are transmitted to the person responsible for processing when ordering the newsletter is determined by the input mask used for this purpose.

The law firm informs its clients and business partners, if necessary at regular intervals, by means of a newsletter about the company's offers. The newsletter of our company can only be received by the person concerned if

a)the person concerned has a valid e-mail address and

b) the person concerned registers for the newsletter dispatch.

For legal reasons, a confirmation e-mail in the double opt-in procedure is sent to the e-mail address entered by the person concerned for the first time for sending the newsletter. This confirmation e-mail serves to check whether the owner of the e-mail address has authorized the receipt of the newsletter as the person concerned.

When registering for the newsletter, we also store the IP address of the computer system used by the person concerned at the time of registration assigned by the Internet Service Provider (ISP) as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves the legal protection of the data controller.

The personal data collected when registering for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as could be the case in the event of changes to the newsletter offer or changes in the technical conditions. The personal data collected in the context of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking your consent, you will find a corresponding link in every newsletter. It is also possible at any time to unsubscribe directly from the newsletter dispatch on the website of the controller or to inform the controller in any other way.

5. newsletter tracking

The newsletter of the law firm Matthias Andert contains so-called pixel tags. A tracking pixel is a miniature graphic embedded in e-mails sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. With the embedded pixel-code, the firm/company... recognize if and when an e-mail was opened by an affected person and which links in the e-mail were called by the affected person.

Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimise the dispatch of the newsletter and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data will not be passed on to third parties. Persons concerned are entitled at any time to revoke the respective separate declaration of consent given via the double opt-in procedure. After revocation, this personal data will be deleted by the data controller. Unsubscribing from receiving the newsletter indicates the firm/company... automatically as a revocation.

6. contact via the website

Due to legal regulations, the website of the Matthias Andert law firm contains information that enables us to contact our company electronically quickly and to communicate directly with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller via e-mail or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.

6. contact via the website

Due to legal regulations, the website of the Matthias Andert law firm contains information that enables us to contact our company electronically quickly and to communicate directly with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller via e-mail or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.

7. use of cookies

In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your mobile device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us to recognize your browser on your next visit (persistent cookies). You can set your browser in such a way that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. If cookies are not accepted, the functionality of our website may be limited.

If you use cookies, you should follow the development of the European e-Privacy Regulation! Since this is still under negotiation at the time of going to press, we can only adapt the data protection declaration here to the currently applicable law.

8. use of Google (Universal) Analytics for web analysis

This website uses Google (Universal) Analytics, a web analysis service of Google Inc. (www.google.de). Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as so-called "cookies", text files that are stored on your computer. The information generated about your use of this website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymisation on this website, the IP address is reduced prior to transmission within the Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymous IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

You can prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: http://wbs.is/rom89.

As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie is stored on your mobile device. If you delete your cookies, you must click the link again.

The user has the option of setting an opt-out cookie by clicking on "this link" in the data protection declaration. For the opt-out cookie, a script must always be inserted before the actual Google Analytics script in the source code. You can find out how to do this on the Google Analytics website http://wbs.is/rom71.

9. embedded videos and images from external websites

Some of our pages contain embedded content from YouTube or Instagram. No personal data, with the exception of the IP address, is transmitted when you access a page from our website with integrated videos or images from our YouTube and/or Instagram channel alone. In the case of YouTube, the IP address is transmitted to Google Inc, 600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google") and in the case of Instagram to Instagram Inc, 181 SouthPark Street Suite 2 San Francisco, California 94107, USA ("Instagram").

In addition, content from anwalt.de (legal tips) is embedded. With the sole call of a side from our Internet offer with embedded content from our lawyer.de channel no personal data, with exception of the IP address, are transmitted. In this case, the IP address is sent to anwalt.de services AG, Rollnerstr. 8, D-90408 Nuremberg ,Tel.: +49 911 81515-0 ,Fax: +49 911 81515-101, E-Mail: info@anwalt.de.

10 Announcement of changes

Changes in the law or our internal processes may make it necessary to adapt this data protection declaration.

In the event of such a change, we will inform you at least six weeks before it takes effect. In general (No. 6) you have a right of revocation with regard to the consents you have given.

Please note that (if you do not make use of your right of revocation) the current version of the data protection declaration is the valid one.

11 Updating/deletion of your personal data

You have the possibility to check, change or delete the personal data provided to us at any time by sending us an e-mail to the e-mail address office@kanzlei-andert.de If you are a member, you may also opt out of receiving further information from us in the future.

You also have the right to revoke consent once given with effect for the future at any time.

The stored personal data will be deleted if you revoke your consent to its storage.

The controller shall process and store the personal data of the data subject only for the time necessary to achieve the data retention purpose or to the extent provided for by the European regulator or other legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.

12. rights of data subjects

Every data subject shall have the right granted by the European legislator of directives and regulations to require the controller to confirm whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact our data protection officer or another employee of the data controller at any time.

Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European regulator has granted the data subject the following information:

the processing purposes

the categories of personal data to be processed

the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations

if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration

the existence of a right of rectification or deletion of personal data concerning him or of a restriction on processing by the controller or of a right of opposition to such processing

the existence of a right of appeal to a supervisory authority

if the personal data is not collected from the data subject: All available information about the origin of the data

the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) DSGVO, and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the person concerned

Furthermore, the data subject has a right of access to information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate guarantees in connection with the transfer.

If a data subject wishes to exercise this right to information, he or she may contact our data protection officer or another employee of the data controller at any time.

Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to request the immediate correction of inaccurate personal data concerning him/her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.

If a data subject wishes to exercise this right of rectification, he may contact our data protection officer or another employee of the controller at any time.

Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the data controller to request that the personal data concerning him/her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:

The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.

The data subject withdraws his/her consent on which the processing was based pursuant to Article 6(1)(a) DSBER or Article 9(2)(a) DSBER, and there is no other legal basis for processing.

The data subject objects to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 DSGVO

The personal data have been processed unlawfully.

The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.

The personal data was collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.

If one of the above-mentioned reasons applies and a person concerned wishes to have personal data stored at the Matthias Andert law firm deleted, he can contact the owner, lawyer Matthias Andert, at any time. Attorney Matthias Andert will arrange for the request for deletion to be complied with immediately.

If the personal data was made public by the law firm Matthias Andert and our company is responsible according to Art. 17 Abs. 1 DSGVO to delete personal data, the law firm Matthias Andert shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other data processors who process the published personal data, that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data processors, insofar as the processing is not necessary. Attorney Matthias Andert will arrange for the necessary in individual cases.

Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:

The accuracy of the personal data is disputed by the data subject for a period that enables the data controller to verify the accuracy of the personal data.

The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.

The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.

The data subject has filed an objection to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been determined whether the legitimate reasons of the data controller outweigh those of the data subject.

If one of the above-mentioned conditions is fulfilled and a person concerned wishes to demand the restriction of personal data stored by the law firm Matthias Andert, he can contact the lawyer Matthias Andert at any time. Attorney Matthias Andert will cause the restriction of the processing.

Any data subject shall have the right granted by the European legislator to receive personal data relating to him/her provided by the data subject to a data controller in a structured, current and machine-readable format. It also has the right to transmit this data to another data controller without obstruction by the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) DSGVO or Article 9(2)(a) DSGVO or on a contract pursuant to Article 6(1)(b) DSGVO and that the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the controller.

Furthermore, in exercising their right to data transferability pursuant to Art. 20 para. 1 DSGVO, the data subject has the right to obtain that the personal data be transferred directly from one data controller to another data controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not affected by this.

To assert the right to data transferability, the person concerned may contact Matthias Andert, lawyer, at any time.

Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to object at any time, on grounds arising from their particular situation, to the processing of personal data concerning them under Article 6(1)(e) or (f) of the DSBER. This also applies to profiling based on these provisions.

The law firm Matthias Andert no longer processes personal data in the event of an objection, unless we can prove compelling reasons worthy of protection for the processing which outweigh the interests, rights and freedoms of the person concerned or serve to process, assert, exercise or defend legal claims.

If the law firm Matthias Andert processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the person concerned objects to the processing of his/her personal data by the law firm Matthias Andert for direct advertising purposes, the law firm Matthias Andert will no longer process the personal data for these purposes.

In addition, the data subject has the right to object to the processing of personal data concerning him/her which is carried out at the Matthias Andert law firm for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO for reasons arising from his particular situation, unless such processing is necessary to fulfil a task in the public interest.

To exercise the right of objection, the person concerned can contact lawyer Matthias Andert directly. The data subject shall also be free to exercise his right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or significantly affects him in a similar manner, provided that the decision

(a)is not necessary for the conclusion or performance of a contract between the data subject and the data controller; or

(b)is admissible under Union or Member State law to which the data controller is subject and that law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject; or

c)with the express consent of the data subject.

Is the decision

(a)necessary for the conclusion or performance of a contract between the data subject and the data controller; or

b)if it is carried out with the express consent of the data subject, the Matthias Andert. Law Firm shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the data subject, to state his own position and to challenge the decision.

If the person concerned wishes to assert rights with regard to automated decisions, he or she can contact lawyer Matthias Andert at any time.

Any person concerned by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.

If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may contact our data protection officer or another employee of the controller at any time.

13. legal basis of the processing

Art. 6 para. 1 letter a) DSGVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6(1)(b) DSGVO. The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, for example for the fulfilment of tax obligations, the processing is based on Art. 6 para. 1 letter. (c) DSGVO. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Article 6(1)(d) DSBER. Ultimately, processing operations could be based on Article 6(1)(f) DSGVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47, second sentence, DSGVO).

14. legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Art. 6 para. 1 letter f) DSGVO, it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.

15. the person responsible or your contact person

If you have any questions regarding the collection, processing or use of your personal data, information, correction, blocking or deletion of data or revocation of consent given or objection to a specific use of data, please contact us directly:

Rechtsanwalt Matthias Andert

Offenbacher Str. 17

14197 Berlin

Phone: +49-(0)30-28501543

Fax: +49-(0)30-28501544

E-mail: Office@kanzlei-andert.de

16. supervisory authority

Berliner Beauftragte für Datenschutz und Informationsfreiheit

Maja Smoltczyk

Friedrichstr. 219

10969 Berlin

Tel.: +49 (0)30 13889-0

Fax: +49 (0)30 2155050

E-Mail: mailbox@datenschutz-berlin.de

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23.05.2018