As a website operator, we take the protection of your personal data very seriously. We process personal data collected during visits to our websites in compliance with the applicable data protection regulations. Your data will neither be published by us nor passed on to third parties without authorization.
The subject of data protection is personal data. This is information that relates to an identified or identifiable natural person.
Unless otherwise apparent from this document or other circumstances, we do not consider ourselves to be in a position to identify you.
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) sentence 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 S. 1 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 para. 1 p. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) p. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) S.1 lit. f GDPR serves as the legal basis for the processing.
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
In the following, we present the circumstances and give you an overview of the processing operations of personal data by our law firm when carrying out clients.
We process personal data that we receive from our clients or other principals in the course of our business relationship.
Furthermore, we process - if and to the extent necessary for the provision of our legal services - personal data that we have received from third parties in a permissible manner (e.g. for the execution of orders, for the fulfillment of contracts or on the basis of consent given by you). This includes, for example, opponents, insurance companies, including legal expenses insurance companies, courts including the offices and other administration.
On the other hand, we process personal data that we are permitted to obtain and process from publicly accessible sources (e.g. debtors' registers, land registers, commercial registers and registers of associations, press, media, Internet; registrars (e.g. DPMA)) or that are provided to us by third parties (e.g. opposing parties, authorities, insurers, hospitals, attorneys) in the course of our legal correspondence.
Personal data during the opening of the master data, in the course of the assignment and its processing can be:
Name, company, address/other contact data (telephone, fax, e-mail address, SAFE ID), date/place of birth, gender, nationality, marital status, legal capacity, residential status (rental/ownership), social security data, health data (including data relevant under social law), account data, payment transaction data, life and pension insurance data, employment, occupational disability and long-term care insurance data, private and public health insurance data, insurance numbers, information from correspondence with third parties.
When using digital processes to carry out the lawyer's assignment, e.g. through electronic correspondence with legal protection insurers, other insurers, hospitals, authorities, this may involve commissioned data processing for which we conclude commissioned data processing agreements with the commissioned data processors.
We process the aforementioned, personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
The processing of personal data is carried out for the provision and processing (including billing) of legal services in the context of the implementation of our contracts with our clients or for the implementation of pre-contractual measures, which are carried out at your request.
The processing of personal data of third parties may also take place for the provision and processing of legal services within the scope of the respective service contract, insofar as these come into mandatory contact with the service contract, e.g. personal data of other lawyers, experts, witnesses, contact persons of third companies or authorities, etc.
Furthermore, the processing of personal data of third parties is carried out for the implementation and settlement of contractual relationships with such third parties, usually service providers or contractual partners from whom we procure resources or whose services we use for the implementation and maintenance of the lawyer's business activities; exclusively for the initiation, establishment or settlement of the relevant contractual relationship.
The purpose of the data processing depends on the respective order. It may, for example, concern oral or written advice, the preparation of contracts, official or judicial representation, the handling and conclusion of settlements.
It may further concern the execution and settlement of other contractual relationships with third parties whose services are used for the entrepreneurial operation of the lawyer's activity.
To the extent necessary, we process your data beyond the actual performance of the contract to protect legitimate interests of us or third parties. Examples:
Insofar as you have given us consent to process personal data for certain purposes (e.g. forwarding data to legal protection insurers, other insurers, hospitals, authorities), the lawfulness of this processing is based on your consent. You may revoke any consent you have given at any time. You can also revoke such declarations of consent that were given to us before the EU-GDPR came into force, i.e. before May 25, 2018. However, such a revocation is effective exclusively for the future. This means that the lawfulness of data processing that took place before such a revocation remains unaffected by the revocation.
In addition, as a consulting company, we may be subject to legal obligations (e.g. Money Laundering Act or tax laws). The purposes of the processing thus also include any monitoring and reporting obligations to the extent required and necessary by law.
Within our law firm, your data will be accessed by all entities that are necessarily entrusted with and come into contact with the fulfillment of contractual and legal obligations. Thus, such data may also be processed by service providers or our vicarious agents if and to the extent that this meets the legal requirements for such processing and such processing is necessary.
In this context, it should be noted that when data is passed on to recipients outside our law firm, we as attorneys are obligated to maintain confidentiality about all order-related information and evaluations within the scope of the attorney contract of which we become aware. Such confidential information is thus subject to special legal protection. We will only disclose it to the extent necessary if this is required by law, if you have given your legally effective consent, or if order processors commissioned by us guarantee compliance with attorney-client confidentiality and the requirements of the EU General Data Protection Regulation / the Federal Data Protection Act. The recipients of personal data shown below will therefore either not receive them in the case of the lawyer's order, or only under the above-mentioned, restricted conditions.
Under these conditions, recipients of personal data may be, for example:
Other data recipients may be those entities for which you have given your legally effective consent to the transfer of data in individual cases or for which you have released us from the obligation to maintain attorney-client confidentiality in accordance with the agreement or consent.
dd. Will data be transferred to a third country or to an international organization?
Data will only be transferred to countries outside the EU or the EEA (so-called third countries) in exceptional cases, insofar as this is absolutely necessary in individual cases for the execution of the legal assignment due to a foreign reference and you have given us legally effective consent or insofar as there is another legal justification, such as an appropriateness decision for the target country.
We process and store your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations. In this regard, depending on the type of contractual obligation, e.g. in the case of continuing obligations, it may be necessary to store the data for the entire period of the continuing obligation or for any very lengthy proceedings conducted by a lawyer, so that the retention period does not begin until the termination of such a long-lasting contractual relationship.
When the data is no longer required for the fulfillment of contractual or legal obligations, it is regularly deleted, unless its further processing - possibly for a limited period - is necessary for the following purposes:
According to §§196 et seq. of the German Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years and 10 years in the law of enrichment.
Hetzner Online GmbH, Industriestr. 25, D-91710 Gunzenhausen, Tel: +49(0)9831 505-0, Fax: +49(0)9831 505-3, Email: info@hetzner.com, Web: www.hetzner.com as our web hosting provider within the framework of order data processing, i.e. this company acts on our behalf to technically deliver the website to you. We remain the data controller vis-à-vis you, so we also refer to ourselves as "we" below, although Hetzner Online GmbH handles this technically for us.
When you visit our website, we receive your complete IP address from your EDP. Only with this IP address we can transfer the data of our website to you, so that the website is displayed to you (Art. 6 para. 1 p. 1 lit. b and lit. f GDPR). The temporary storage of the IP address by the system is necessary to enable delivery of the website to your computer. For this purpose, your IP address may have to remain stored for the duration of the session. Since you have requested the website, this is in our common legitimate interest. We have to give your IP address to the internet providers in order to have the website data transferred to you.
Beyond the processing to transfer the retrieved data, the full IP address is not stored.
There is no possibility to object, as these processes are absolutely necessary for the operation of the website. Please do not visit our site if you wish to object.
Any use of your personal data will only be for the purposes stated and to the extent necessary to achieve these purposes.
Personal data will only be transferred to state institutions and authorities within the framework of mandatory national legal provisions or if the transfer is necessary for legal or criminal prosecution in the event of attacks on our network infrastructure. Data will not be passed on to third parties for any other purpose.
When using communication forms on our website, the information listed there is transmitted to us and stored.
As a precaution, you consent to the following data processing: We use the data exclusively to answer your inquiry and, should the inquiry relate to a contractual relationship or a contractual relationship arise from this, to initiate and process the contractual relationship (Art. 6 para. 1 p. 1 lit. a, lit. b, lit. f GDPR). Our legitimate interest lies in the fulfillment of your communication request. If you are already our customer or will become one in the future, we may collect, store, modify and transmit the data for the purpose of establishing, implementing or terminating the contractual relationship without requiring your consent (Art. 6 para. 1 p. 1 lit. b GDPR) and as long as we are permitted to do so by law. In other cases, e.g. processing with your consent, but also as long as the contractual relationship has not yet come into existence, we will store your data for no longer than 3 months and you have a right to object with effect for the future regarding the data transmitted to us with your consent via the contact form. You exercise your right of revocation by notifying WALLINGER RICKER SCHLOTTER TOSTMANN - Patent- und Rechtsanwälte Partnerschaft mbB, Attorneys at Law Thomas Schachl, Zweibrückenstraße 5-7, 80331 Munich, Germany.
Should you wish to contact us by e-mail, we would like to point out that the content of unencrypted e-mails can be viewed by third parties. We therefore recommend sending confidential information in encrypted form or by post.
Your application data will be processed by us for the purpose of determining suitability in comparison with the needs of the firm. With your application, you wish to enter into an employment contract with us, so that the legal basis is Art. 6 (1) p. 1 lit. b GDPR.
Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are voluntarily disclosed within the scope of the application procedure, their processing is additionally carried out in accordance with Art. 9 (2) lit. b GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants as part of the application process, their processing is additionally carried out in accordance with Art. 9 (2) a GDPR (e.g. health data, if this is necessary for the exercise of the profession).
The data provided by applicants, may be further processed by us in the event of a successful application for the purposes of the employment relationship (Art. 6 para. 1 p. 1 lit. b GDPR in conjunction with § 26 BDSG). We will instruct you again about data processing in the employment relationship when you are hired. Otherwise, if the application is not successful, the applicants' data will be deleted. Applicants' data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified withdrawal by the applicants, the deletion will take place after the expiry of a period of six months so that we can answer any follow-up questions about the application and satisfy our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived for 10 years in accordance with tax law requirements.
In the following, we will inform you about those rights which, in our opinion, are only remotely relevant to the above-mentioned data processing. Please note that you may be entitled to further rights in the context of other data processing operations as well as from special laws, e.g. professional law. You have the right
To assert your rights, please contact WALLINGER RICKER SCHLOTTER TOSTMANN - Patent- und Rechtsanwälte Partnerschaft mbB, attorneys-at-law Thomas Schachl, Zweibrückenstraße 5-7, 80331 Munich, Germany.
We explain your rights and restrictions of your rights in detail as follows:
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the controller's legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
a) Obligation to erasure
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist to the extent that the processing is necessary
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right against the controller to be informed about these recipients.
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.
(1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
We will no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
Our websites may contain links to websites of other providers. We would like to point out that this data protection declaration applies exclusively to our websites. We have no influence on and do not control that other providers comply with the applicable data protection provisions.
If you have any complaints regarding data protection, you can contact our data protection officer Mr. Thomas Schachl, LL. M. at datenschutz@wallinger.de or any data protection supervisory authority in the EU. At our registered office, the supervisory authority is the Bavarian State Office for Data Protection Supervision (BayLDA), Promenade 27, D - 91522 Ansbach, phone: +49 (0) 981 180093-0, fax: +49 (0) 981 180093-800, e-mail: poststelle@lda.bayern.de.
Without prejudice to any other administrative or judicial remedy, you have this right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
The responsible body is us, i.e. the operator of this website according to the imprint.
We will be happy to answer any further questions you may have about our privacy policy and the processing of your personal data. Please note that data protection regulations and data protection practices can change continuously. It is therefore advisable to inform yourself about changes in the legal regulations and our practice.
The privacy policy is currently valid and dated 29.12.2020.
