Privacy – Wittek Partners

PRIVACY POLICY

Thank you for your interest in WITTEK PARTNERS Rechtsanwaltsgesellschaft mbH (hereinafter: “WITTEK PARTNERS”). WITTEK PARTNERS stands for trust. Data protection therefore has a particularly high priority for us. The use of the Internet pages of WITTEK PARTNERS is possible without any indication of personal data. However, if a data subject wants to use special services of our law firm via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the WITTEK PARTNERS. By means of this data protection declaration, we would like to inform you about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, you will be informed about your rights by means of this data protection declaration.

As the controller, WITTEK PARTNERS has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be vulnerable to security risks, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

Definitions

Our data protection declaration is based on the terms used by the European General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our clients and business partners. To ensure this, we would like to explain the terminology used in advance.

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

a) “personal data”

Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) “data subject”

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

c) “processing”

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) “Restriction of Processing”

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

e) “Profiling”

Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

f) “Pseudonymization”

Pseudonymization means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) “Controller”

Controller means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

h) “Processor”

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.

i) “Recipient”

Recipient means a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

j) “Third Party”

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

k) “Consent”

Consent shall mean any freely given indication of the data subject’s wishes for the specific case, in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

WITTEK PARTNERS Rechtsanwaltsgesellschaft mbH

authorized to represent: Attorney-at-law Dr. Wolfgang Wittek (Managing Director) and Attorney-at-law Henning Schröder (Managing Director).

Neuer Wall 84

20354 Hamburg

Telephone: +49 (0) 40 8081 417 00

E-mail: kontakt@wittek.law

Website: www.wittek.law

Collection and storage of personal data as well as type and purpose of their use

The website of WITTEK PARTNERS collects a series of general data and information with each access to the website by a data subject or automated system. This general data and information is stored in the log files of the server. The following can be recorded:

the browser types and versions used
the operating system used by the accessing system,
the website from which an accessing system arrives at our website (so-called referrer),
the sub-websites that are accessed via an accessing system on our website,
the date and time of an access to the Internet site,
an Internet protocol address (IP address),
the Internet service provider of the accessing system and
other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, WITTEK PARTNERS does not draw any conclusions about the data subject. Rather, this information is needed in order to:

to deliver the contents of our website correctly,
to optimize the contents of our website as well as the advertising for the same,
to ensure the long-term functionality of our information technology systems and the technology of our website, and
to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.

Therefore, WITTEK PARTNERS analyzes anonymously collected data and information on one hand, for statistical analysis and on the other hand, with the aim of increasing the data protection and data security of our enterprise, so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

Disclosure of data

We do not transfer your personal data to third parties for purposes other than those listed below.

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

you have given your express consent to do so in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
the disclosure is necessary in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
in the event that there is a legal obligation for disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, as well as
this is legally permissible and necessary according to Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of contractual relationships with you.

Hosting

This website is hosted by the external service provider IONOS. The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur (hereinafter: “IONOS”).

When you visit our website, your personal data is processed on the servers of IONOS. For more information, please refer to the privacy policy of IONOS: https://www.ionos.de/terms-gtc/datenschutzerklaerung/?source=termsandconditions.

The use of IONOS is based on Art. 6 para. 1 sentence 1 lit. f GDPR. We have a legitimate interest in ensuring that our website is presented as reliably as possible. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 sentence 1 lit. a GDPR; the consent can be revoked at any time.

Order processing

We have concluded an order processing agreement (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that this provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

Data security: SSL or TSL encryption

For security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator, this website uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties. However, we expressly point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Cookies

The internet pages of WITTEK PARTNERS use so-called “cookies”. Cookies are text files that are stored on a computer system via an internet browser.

Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited internet pages and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies, the WITTEK PARTNERS can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized for the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

Contact possibility via the website

Based on statutory provisions, the website of the WITTEK PARTNERS contains data that enable a quick electronic contact to our company, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. No disclosure of this personal data to third parties will take place.

Inquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

The processing of this data is based on Art. 6 para. 1 sentence 1 lit. b GDPR, if your request is related to the fulfillment of a client relationship or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of the inquiries addressed to us (Art. 6 para. 1 sentence 1 lit. f GDPR) or on your consent (Art. 6 para. 1 sentence 1 lit. a GDPR) if this has been requested.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular legal retention periods – remain unaffected.

Comment function in the blog on the website

WITTEK PARTNERS offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a portal maintained on a website, which is usually publicly viewable, in which one or more persons, called bloggers or web bloggers, can post articles or write down thoughts in so-called blogposts. The blogposts can usually be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, information on the time of comment entry and the user name (pseudonym) chosen by the data subject will be stored and published. Furthermore, the IP address assigned by the Internet service provider (ISP) of the person concerned is also logged. This storage of the IP address is done for security reasons and in case the data subject violates the rights of third parties by posting a comment or posts illegal content. The storage of this personal data is therefore in the controller’s own interest, so that the controller could exculpate itself if necessary in the event of an infringement. There is no disclosure of this collected personal data to third parties, unless such disclosure is required by law or serves the legal defense of the controller.

Third party provider – Google Maps

On this website we use the services of Google Maps. This allows us to display interactive maps directly on the website and enables you to comfortably use the map function.

By visiting the website, Google obtains the information that you have called up the corresponding sub-page of our website. In addition, the data automatically collected when you call up the website is transmitted to Google. This occurs regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile at Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.

For more information on the purpose and scope of data collection and its processing by the plug-in provider, please refer to the provider’s privacy policy. There you will also find further information on your rights in this regard and setting options for protecting your privacy: https://policies.google.com/privacy?hl=de&gl=de.

Third-party providers – video conferencing services

We use Microsoft Teams. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. In doing so, Microsoft processes personal data of the participants on our behalf, in particular the IP address, the content of the conversation, e-mail addresses, names and, if applicable, other service-related data, and stores these for the duration of the video conference or, if you use Microsoft Teams beyond that, for the duration of the use. Microsoft is duly bound by us as a processor to comply with data protection. The provider may also process the data outside the European Economic Area. In order to ensure a level of data protection that complies with the EU General Data Protection Regulation (GDPR) in this regard, we have agreed with Microsoft on the EU standard data protection clauses in accordance with the EU Commission Decision (2010/87/EU). You can find more information on processing by Microsoft at: https://docs.microsoft.com/de-de/microsoftteams/teams-privacy

Order processing

Data protection for applications and in the application process

The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is particularly the case if an applicant submits relevant application documents to the controller by electronic means, for example by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation Maker or another competent 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 Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

Rights of the data subject

a) Right to confirmation

Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. In addition, the European Directive and Regulation Legislator has granted the data subject access to the following information:

the purposes of processing
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
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 to obtain the rectification or erasure of personal data concerning him or her, or to obtain the restriction of processing by the controller, or a right to object 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: Any available information about the origin of the data
the existence of automated decision-making, including profiling, pursuant to Art. 22 para. 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.

Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.

c) Right to correction

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to request the immediate correction of any inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration – taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (right to be forgotten)

Any person concerned by the processing of personal data has the right granted by the European Directives and Regulations Maker to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is no longer necessary:

The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject revokes his or her consent on which the processing was based pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
The personal data have been processed unlawfully.
The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data has been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by the WITTEK PARTNERS, he or she may, at any time, contact any employee of the controller. The employee of, WITTEK PARTNERS will arrange for the erasure request to be complied with immediately.

If the personal data was made public by the WITTEK PARTNERS and our company is responsible pursuant to Art. 17 para. 1 GDPR, WITTEK PARTNERS shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the published personal data, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers to erase all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of WITTEK PARTNERS will arrange the necessary measures in any individual cases.

e) Right to restriction of processing

Any person concerned by the processing of personal data has the right, granted by the European Directives and Regulations Maker, to request from the controller the restriction of processing if one of the following conditions is met:

The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.

The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims.

The data subject has objected to the processing pursuant to Art. 21 para. 1 of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the WITTEK PARTNERS, he or she may, at any time, contact any employee of the controller. The employee of the WITTEK PARTNERS will arrange the restriction of the processing.

f) Right to data portability

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data were provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR and the processing is carried out with the aid of automated procedures, unless the 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.

Furthermore, when exercising the right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

In order to assert the right to data portability, the data subject may at any time contact WITTEK PARTNERS.

g) Right to object

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Art. 6 para. 1 sentence 1 lit. e or f GDPR. This also applies to profiling based on these provisions.

WITTEK PARTNERS shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.

If WITTEK PARTNERS processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to WITTEK PARTNERS to the processing for direct marketing purposes, WITTEK PARTNERS will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by WITTEK PARTNERS for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

In order to exercise the right to object, the data subject may directly contact any employee of WITTEK PARTNERS. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

h) Automated decisions in individual cases, including profiling

Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject’s explicit consent, WITTEK PARTNERS shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the intervention of a data subject on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.

i) Right to withdraw consent under data protection law

Any data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation Maker, to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.