A. Privacy Policy for the operation of the website

The protection of your personal data is extremely important to us. The following privacy policy applies to the use of the website www.fgvw.de. Service provider pursuant to § 13 of the Telemedia Act (Telemediengesetz = TMG) and responsible pursuant to Art. 4 para. 7 General Data Protection Regulation (GDPR) is Friedrich Graf von Westphalen & Partner mbB Attorneys at Law; also see our Imprint. You can contact our data protection officer at Kaiser-Joseph-Straße 284, 79098 Freiburg, Germany, to the attention of the data protection officer, or at datenschutz@fgvw.de.

1. Automated data collection and processing

As for any website, our server automatically and temporarily collects and stores information in the server log files transmitted by the browser, unless you have deactivated this function (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR). This includes e.g. the IP address of the requesting computer, the http response code, the website from which you are visiting us, the time of the server request as well as the browser type, browser version and operating system used on the requesting computer.

There is no person-related evaluation of the server log files. This data can at no time be linked to specific persons by the provider. This data is not combined with other data sources.

2. Data collection and processing of voluntarily communicated data

If you provide personal data to us via e-mail or via our website (e.g. name, first name, e-mail address, address), this is generally done on a voluntary basis. This data is used to process your requests and is only processed for the purpose for which you provided the data to us. In addition, e.g. for sending you advertisements, we will only collect, process or use your data within the scope of statutory regulations or with your explicit consent (Art. 6 para. 1 sentence 1 lit. a GDPR). Insofar as you declare this consent electronically within the scope of our online offer, we comply with the statutory obligations to provide information and record your consent using suitable technical systems.

We assure that we will not pass on your personal data to third parties unless we are obligated to do so by law or you have provided explicit prior consent. Insofar as we use the services of third parties to implement and execute processing procedures, we comply with the regulations of the GDPR as well as the Federal Data Protection Act (Bundesdatenschutzgesetz = BDSG).

3. Storage period

Personal data, which we have received via our website, is stored only until the purpose for which it was entrusted to us has been fulfilled. Insofar as storage periods subject to commercial and tax laws must be fulfilled, the storage period for certain data may be up to 10 years.

4. Newsletter

If you wish to subscribe to our newsletter, we require your e-mail address. You can voluntarily include your name, company and address. This data is only used to communicate with you in relation to our newsletter offer. When you register for the newsletter on our website, you will receive an e-mail asking you to confirm your registration. If you have registered only for the newsletter, we will use your e-mail address exclusively for sending the newsletter (legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR). You can withdraw your consent at any time effective for the future by clicking on the link provided for this purpose at the end of the newsletter or by contacting us in writing at the contact addresses cited under Sec. 9.

5. Cookies

The website uses cookies. Cookies cause no harm to your computer and contain no viruses. Cookies are small text files which are stored locally in the cache of your browser. Cookies specifically serve to recognize the internet browser. Cookies are used for session control and statistical evaluation. These cookies contain no personal data. You can set your browser in such way that no cookies are stored on the hard drive and/or already saved cookies are deleted. Please follow the instructions of your browser’s help function to prevent or delete cookies. The functionality of this website may be impaired if cookies are deactivated.

6. Use of Google Analytics

This website uses Google Analytics, a web analytic service provided by Google Inc. (“Google”). Google Analytics uses  “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate the IP address for Member States of the European Union and as well for other parties of the Agreement  on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the US.

On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore, you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available at http://tools.google.com/dlpage/gaoptout?hl=de and installing it.

Further information about the terms and conditions of use and data privacy is available at http://www.google.com/analytics/terms/de.html and at http://www.google.com/intl/de/analytics/privacyoverview.html.

7. Social Media

We are currently using the following Social Media plug-ins: Facebook, LinkedIn, Twitter and Xing, which are shown in this order at the top right of our website. We use the “2-click solution”. This means that when you visit our website, no personal data is passed on to the providers of these plug-ins. Personal data is only transmitted if you click on one of the plug-ins: By activating the plug-ins, data is automatically transmitted to the respective plug-in provider and stored there (for US providers in the USA). We have no influence on the collected data and data processing procedures, nor do we know the full extent of data collection, purposes and storage periods. Since the plug-in provider in particular collects data using cookies, we recommend that you delete all cookies via your browser’s security settings before clicking on the grey box.

If you activate a plug-in, the plug-in provider is notified that you accessed the corresponding subpage of our online offer. In addition, the data stated under Sec. 6 of this declaration is transmitted; in the case of Facebook and Xing, according to the respective providers in Germany, only anonymized IP is collected. This takes place regardless of whether you have an account with this plug-in provider and are logged in. If you are logged in with the plug-in provider, this data will be directly associated with your account. If you click on the activated button and e.g. link the page, the plug-in provider also stores this information in your user account and publicly communicates it to your contacts. If you do not wish the association to your profile with the plug-in provider, you must log out before activating the button.

The plug-in provider stores this data as user profiles and uses it for the purpose of advertising, market research and/or customization of its website. Such evaluation is done in particular (also for users who are not logged in) to display 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 compilation of these user profiles. To exercise this right, you must contact the applicable plug-in provider.

For more information about the purpose and scope of data collection and processing of this data by the plug-in provider please refer to the data protection declarations of these providers listed below. There you can also find further information about your rights and setting options to protect your privacy.

Addresses of the applicable providers and URLs with their data protection notifications:

• Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information about data collection: http://www.facebook.com/help/186325668085084. Facebook has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

• LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

• Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy. Twitter has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

• Xing AG, Gänsemarkt 43, 20354 Hamburg, Germany; http://www.xing.com/privacy

8. Integration of Google Maps

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

By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under point 1 of this declaration will be transmitted. This is regardless of whether Google provides a user account that you are logged in or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such evaluation takes place in particular (even for unlogged-in users) to provide demand-oriented 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 about 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 about your rights in this regard and setting options for the protection of your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

9. Your rights

You have the following rights towards us with regard to personal data concerning you:

  • the right to information,
  • the right to correction or deletion,
  • the right to limitation of processing,
  • the right of opposition to the processing,
  • the right to data portability.

Your trust is important to us. We will be happy to answer any questions you may have regarding the processing of your personal data. Please direct all requests for information or objections to data processing via e-mail to freiburg@fgvw.de or by mail to Kaiser-Joseph-Straße 284, 79098 Freiburg.

You also have the right to complain to a data protection supervisory authority about our processing of your personal data.

10. Changes to this privacy policy

Under certain circumstances, changes to the laws or jurisprudence and adjustments to our business model might require us to amend this privacy policy. Therefore, we reserve the right to amend this privacy policy at any time. You can request the current version of our privacy policy at any time or find it at Data Protection.

B. Information on data processing for our clients

The following data protection information applies to data processing by Friedrich Graf von Westphalen & Partner mbB Rechtsanwälte.

1. Contact details of data controllers:

Dr. Barbara Mayer, Kaiser-Joseph-Strasse 284, 79098 Freiburg, Germany, freiburg@fgvw.de
Carsten Laschet, Agrippinawerft 24, Im Rheinhafen, 50678 Köln, koeln@fgvw.de.

The company data protection officer can be contacted at Kaiser-Joseph-Straße 284, 79098 Freiburg, Germany, or at datenschutz@fgvw.de.

2. We advise companies and entrepreneurs. When you mandate us, we collect the following information:

  •     title, first name, last name,
  •     a valid e-mail address,
  •     Address,
  •     telephone number (landline and/or mobile) and fax number
  •     information necessary to assert and defend your rights under the mandate.

3. This data is collected

  •     to identify you as our client or their contact person and representative;
  •     to provide you with appropriate legal advice and representation;
  •     to correspond with you;
  •     for invoicing / accounting;
  •     for the processing of claims.

4. According to Art. 6 para. 1 sentence 1 lit. b DS-GVO, data processing for the above-mentioned purposes is necessary for the appropriate processing of the mandate and for the mutual fulfilment of obligations arising from the mandate agreement.

5. The personal data collected by us for the mandate will be stored until the end of the legal obligation to retain lawyers' data (six years after the end of the calendar year in which the mandate was terminated) and subsequently deleted, unless we are, in accordance with Art. 6 para. 1 sentence 1 lit. c DS-GVO due to tax and commercial law storage and documentation obligations (from HGB, StGB or AO), obliged to a longer storage or you have consented to a longer storage according to Art. 6 Para. 1 S. 1 lit. a DS-GVO, or in case legitimate interests, such as the examination of conflicts of interest or the defence of liability claims, make a further storage necessary.

6. Personal data will not be transferred to third parties for purposes other than those listed below. As far as this is necessary according to Art. 6 Par. 1 S. 1 lit. b DS-GVO for the processing of client relationships with you, the personal data will be passed on to third parties. This includes in particular the passing on to opposing parties and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of correspondence and for asserting and defending your rights. The data passed on may be used by the third party exclusively for the purposes mentioned.

7. Our clients and/or their contact persons with whom we communicate have the right with regard to their respective personal data:

  • to revoke the consent once given to us in accordance with Art. 7 para. 3 DS-GVO at any time. As a result, we are no longer allowed to continue processing data based on this consent in the future;
  • to request information about the personal data processed by us in accordance with Art. 15 DS-GVO. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;
  • to demand immediately the correction of incorrect or complete personal data stored by us in accordance with Art. 16 DS-GVO;
  • to request the deletion of personal data stored by us pursuant to Art. 17 DS-GVO, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • pursuant to Art. 18 DS-GVO, to demand the restriction of the processing of personal data if you dispute the accuracy of the data, if the processing is unlawful but you refuse to delete the data and we no longer need the data, but if you need it to assert, exercise or defend legal claims or if you have filed an objection to the processing pursuant to Art. 21 DS-GVO;
  • to receive the personal data you have provided to us in a structured, current and machine-readable format in accordance with Art. 20 DS-GVO or to request the transmission to another person responsible; and
  • to complain to a supervisory authority pursuant to Art. 77 DS-GVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our office.

8. Our clients or their contact persons with whom we communicate have the right to object to the processing of personal data in accordance with Art. 21 DS-GVO in relation to their respective personal data - insofar as the personal data is processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 letter f DS-GVO - provided that there are reasons for this resulting from their particular situation. If you wish to exercise this right of objection, simply send an e-mail to datenschutz@fgvw.de.

9. No separate information is provided to each employee of a client with whom we have contact and whose data, for example name and e-mail address, we store. When the mandate agreement is concluded, the client will forward the aforementioned information on data protection to all affected employees with whom we communicate within the scope of a mandate.

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