Privacy Statement
Thank you for visiting our website.Data protection and data security when using our website are very important to us. We would therefore like to inform you at this point which personal data we collect when you access our website and for what purposes it is used.
Since changes in the law or changes to our internal processes may require an adjustment of this Privacy Statement, we ask you to read this Privacy Statement regularly.
1. The name and contact details of the person responsible.
This Privacy Statement provides information on the processing of personal data on the website of the law firm below:
Person in charge: HSK Herlitz Schmidt Kopf GmbH & Co.KG WPG StBG, Knesebeckstraße 68-69, 10623 Berlin Germany; E-mail: info@hsk-berlin.de; Tel.: +49 (0)30 88709700, Fax.: +49 (0)30 887097019
2. Personal Data
Personal data is information that can be used to obtain personal or factual information about you, such as name, address, telephone number or email address.
Information by which we cannot establish any reference to your person is in principle not personal data.
3. Scope and purpose of the processing of personal data.
3.1 Accessing the website
When the following website is accessed www.hsk-berlin.de the user's Internet browser automatically sends data to the server of this website and stores it in a “Logfile” for a limited period of time. Until automatic deletion, the following data will be stored without further input by the user:
- IP address of the user's terminal,
- Date and time of access by the user,
- Name and URL of the page accessed by the user,
- Website from which the user reaches the law firm's website (so-called referrer URL),
- Browser and operating system of the user's terminal and the name of the user's Access Provider.
The processing of this personal data is legitimate, pursuant to Article 6 para 1. Sentence 1, letter f) of the General Data Protection Regulation (hereinafter GDPR). The law firm has a legitimate interest in data processing for the following purposes,
- to quickly establish the user's connection to the firm's website,
- to enable user-friendly use of the website,
- to recognize and guarantee the security and stability of the systems and
- to facilitate and improve administration of the website.
The data processing is explicitly not for gaining personal knowledge about the user of the website.
3.2 Contact Form
Users can send news to the law firm via an online contact form on the website. In order to receive a reply a valid email address is required. All other information can be provided voluntarily by the requestor. By sending the message via the contact form, the user consents to the processing of the transmitted personal data. The data is processed exclusively for the purpose of handling and answering enquiries via the contact form. This occurs on the basis of voluntary consent pursuant to Article 6 para. 1 sentence 1 letter a) GDPR. The personal data collected for the use of the contact form will be automatically deleted as soon as the inquiry is completed and there are no reasons for further storage (e.g. subsequent commissioning of our law firm).
4. Transfer of data
Personal data will be transferred to third parties if
- pursuant to Article 6 para. 1 sentence 1 letter a) GDPR the data subject expressly consented thereto,
- the transfer pursuant to Article 6 para. 1 sentence 1 letter f) GDPR is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that the data subject has an overriding interest worthy of protection in the non-disclosure of his/her data,
- there is a legal obligation to transfer data according to Article 6 para. 1, Sentence 1. letter c) GDPR, and/or
- according to Article. 6 para. 1, Sentence 1, letter b) GDPR this is necessary for the fulfilment of a contractual obligation with the data subject.
In other cases, personal data will not be passed on to third parties.
5. Google Maps
Our website uses Google Maps on subpages to display interactive maps and to create directions. Google Maps is a map service from Google. By using Google Maps, information about the use of this website including your IP address and the (start) address entered in the route planner function can be passed on to Google in the USA.
When you visit a page that contains Google Maps, your browser connects directly to Google's servers. The map content is transmitted by Google directly to your browser and integrated into the website. Therefore, we have no influence on the amount of data collected by Google in this way.
If you do not want Google to collect, process or use your data via our website, you can disable JavaScript in your browser settings. This prevents you, however, from using the map display.
For further information on the purpose and scope of data collection and further processing and use of data by Google, your rights in this respect and settings options for privacy protection please refer to Google's privacy policies under https://www.google.de/intl/en/policies/privacy/.
6. Your rights as a data subject
To the extent that your personal data is processed when you visit our website, as a "data subject" you are entitled to the following rights within the meaning of the GDPR:
6.1 Information
You can request information from us as to whether your personal data is processed by us. There is no right to information if provision of the requested information violates the confidentiality obligation pursuant to Section 83 StBerG (Federal tax advisory law) or if the information must be kept confidential for other reasons, notably because of an overriding legitimate interest of a third party. Deviating from this, there may be an obligation to provide information if your interests outweigh the privacy interests, especially in view of impending losses. Furthermore, the right to information is excluded if the data is only stored because it cannot be deleted due to legal or statutory retention periods or serves exclusively data back up or data protection control purposes, insofar as the provision of information would require a disproportionate amount of effort, and the processing for other purposes through appropriate technical and organisational measures is excluded. If in your case the right to information is not excluded and your personal data is processed by us, you can request information from us on the following:
- Purpose of the processing,
- Categories of your personal data processed,
- Recipients or categories of recipients to whom your personal data is disclosed, in particular recipients in third countries,
- If possible the planned duration for which your personal data is stored, or if this is not possible, the criteria for determining the duration of storage,
- The existence of a right to rectification, deletion or restriction of the processing of your personal data or a right of objection to your personal data being used,
- The existence of a right of appeal to a data protection supervisory authority,
- If the personal data has not been collected from you as the data subject, the available information on the origin of the data,
- Where necessary, the existence of automated decision making, including profiling and significant information on the logic involved, as well as the implications and intended effects of automated decision making,
- Where necessary, in the case of transfers to recipients in third countries, if the EU Commission has not decided on the adequacy of the level of protection pursuant to Article. 45 para. 3 GDPR, information about which appropriate guarantees have been provided for regarding the protection of personal data pursuant to Article 46 para. 2 GDPR.
6.2 Rectification and completion
If you find that we have incorrect personal data from you, you can request us to rectify this incorrect data immediately. In the case where your personal data is incomplete, you may request its completion.
6.3 Deletion
You have a right to deletion ("Right to be forgotten"), provided that the processing is not required for the exercise of the right to freedom of opinion and expression, the right to information or for the fulfilment of a legal obligation or for the performance of a task carried out in the public interest, and one of the following reasons applies:
- The personal data is no longer necessary for the purposes for which it was processed,
- Justification for the processing was based exclusively on your consent, which you have revoked.
- You have objected to the processing of your personal data, which we have publicised.
- You have objected to the processing of personal data not publicised by us and there are no overriding legitimate reasons for such processing
- Your personal data has been processed unlawfully.
- The deletion of the personal data is to comply with a legal obligation to which we are subject.
No claim for deletion exists if the deletion in the event of legitimate non-automated data processing due to the specific nature of the storage is not possible or is possible only with disproportionately high effort and if your interest in the deletion is low. In this case, instead of deletion, the data processing is restricted.
6.4 Restriction of processing
You can request a restriction of processing by us, if one of the following reasons applies:
- You contest the accuracy of the personal data. In this case, a restriction may be requested for the time required by us to verify the accuracy of the data.
- The processing is unlawful and instead of deletion you request the restriction of the use of your personal data.
- We no longer need your personal data for the purposes of processing, but for asserting, exercising or defending legal claims.
- You have filed an objection pursuant to Article 21 para. 1 GDPR. The restriction of processing may be required as long as it is not yet clear whether our legitimate reasons outweigh your reasons.
Restriction of processing means that personal data will only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of significant public interest. Before we lift the restriction, we have a duty to inform you.
6.5 Data Portability
You have a right to portability of data, provided that the processing is based on your consent (Article. 6 para. 1 sentence 1 letter a) or Article. 9 para. 2 letter a) GDPR) or on a contract to which you are a party and the processing is carried out using automated procedures. The right to data portability in this case includes the following rights, provided that this does not affect the rights and freedoms of others: You have the right to request that we send you the personal data you have provided to us, in a structured and machine-readable format. You have the right to pass on this data to another responsible person without any obstruction from us. As far as is technically feasible, you can request us to pass on your personal data directly to another person in charge.
6.6 Objection
If the processing is based on Article 6 para. 1 sentence 1 letter e) GDPR (execution of a task in the public interest or in the exercise of official authority) or on Article. 6 para. 1 sentence 1 letter f) GDPR (legitimate interest of the person responsible or a third party), you have the right to object at any time to the processing of your personal data for specific reasons resulting from your particular situation. This also applies to Article 6, paragraph 1, Sentence 1 letter e) or letter f) GDPR based profiling. Once you have exercised the right of objection, we will no longer process your personal data unless we can prove compelling legitimate grounds for processing, that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
You may at any time object to the processing of your personal data for direct marketing purposes. This also applies to profiling in connection with direct advertising. After exercise of this objection right, we will no longer use the relevant personal data for direct marketing purposes.
ou have the opportunity to inform us of your objection informally by telephone, email or to our postal address listed at the beginning of this Privacy Statement.
6.7 Withdrawal of consent
You have the right to revoke your consent at any time with effect for the future. Revocation of your consent can be notified informally by telephone, email or to our postal address. The legality of the data processing, which is based on consent until receipt of the revocation, is not affected by the revocation. After receipt of the revocation the data processing, which was based exclusively on your consent, ceases.
6.8 Complaints
If you believe that the processing of your personal data is unlawful, you may lodge a complaint with a data protection supervisory authority competent for your place of residence or work or for the place where the alleged infringement occurred.
7. Integration of Third Party Content
On our website there are hyperlinks to websites of other providers. When activating these links from our website you will be forwarded directly to the website of other providers. You can recognize this, for example, by the change of the URL.
We cannot assume any responsibility for the handling of your data by providers on external websites, as we have no influence on how these providers handle your personal data. Please inform yourself about this directly on the websites of the respective providers.
8. Status and Updating of this Privacy Statement
This Privacy Statement is valid as of 25 May 2018. We reserve the right to update the Privacy Statement in due course in order to improve data protection and/or adapt it to changes in official practice or case law.