Privacy Policy LIEBENSTEIN LAW – Law Firm for Commercial Law

Hello and welcome to our website. Our data protection declaration explains the type, scope and purpose of the collection and processing of personal data when visiting and using our website, the associated web pages, functions and contents as well as external online presentations.

Our data protection declaration is based on terms used by the European Data Protection Basic Regulation (GDPR) and the new Federal Data Protection Act (BDSG-neu). The corresponding definitions (Art. 4 GDPR) can be found e.g. at https://dejure.org/gesetze/DSGVO/4.html.

  • 1. information on the collection of personal data

Personal data is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior.

Person responsible according to. Art. 4 paragraph. 7 EU Data Protection Basic Regulation (GDPR):

Prof. Dr. jur. Hans-Hermann Dirksen, LIEBENSTEIN LAW – law firm for Commercial law, Eschersheimer Landstr. 351, 60320 Frankfurt am Main, Tel: 069 272 95 921, Fax: 069 272 95 923, E-Mail: mail@liebenstein-law.de (see our imprint).

When you contact us by e-mail or via a contact form, the data you provide (your e-mail address, your name and your telephone number, if applicable) will be stored by us to answer your questions. We delete the data arising in this connection after storage is no longer required or restrict processing if there are legal obligations to keep records.

If we wish to use contracted service providers for individual functions of our offer or use your data for advertising purposes, we will inform you in detail about the respective processes below. Here we also mention the defined criteria of storage duration.

  • 2. Your rights

You have the following rights against us in relation to the personal data concerning you:

according to Art. 15 GDPR the right to obtain confirmation as to whether or not data in question are being processed and to obtain information on such data, as well as further information and a copy of the data.

according to Art. 16 GDPR the right to request the completion of the data concerning you or the correction of incorrect data concerning you.

according to Art. 17 GDPR the right to demand that the data in question be deleted immediately, or alternatively according to Art. 18 GDPR to demand a restriction of the processing of the data.

according to Art. 20 GDPR the right to demand that you receive the data in question, which you have provided us with, in a structured, common and machine-readable format and to request its transmission to other responsible parties.

according to Art. 77 GDPR grants the right to lodge a complaint with the competent supervisory authority.

  • 3. Collection of personal data when visiting our website

When using the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser sends to our server.

If you would like to view our website, we collect the following data, which is technically necessary for us to display our website and to ensure its stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):

IP-Adress

Date and time of the request

Time zone difference to Greenwich Mean Time (GMT)

Content of the request (concrete page)

Access status/HTTP status code

Amount of data transferred in each case

Website from which the request comes

Browser

Operating system and its interface

Language and version of the browser software.

  • 4. Cookies

In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you are using and through which certain information flows to the site that sets the cookie (in this case by us). Cookies cannot run programs or deliver viruses to your computer. They serve to make the Internet offer altogether more user-friendly and effective.

This website uses the following types of cookies, the scope and function of which are explained below:

Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called Session-ID, with which different requests of your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.

You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. Please note that you may not be able to use all the features of this website.

You can delete cookies from your computer or block them at any time by changing your browser settings:

For information on how to set the cookie options in Internet Explorer, see http://windows.microsoft.com/de-de/internet-explorer/delete-manage-cookies#ie=ie-11

For information on how to set the cookie options for Mozilla Firefox, please visit https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

For information on how to set the cookie options for Google Chrome, please visit https://support.google.com/chrome/answer/95647?hl=de

For information on how to set the cookie options for Safari, see http://support.apple.com/kb/HT1677?viewlocale=de_DE

  • 5. Further functions and offers of our website

In addition to the purely informative use of our website, we offer various services which you can use if you are interested. For this purpose, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.

The personal data entered by you will be collected and stored exclusively for internal use by the data controller and for our own purposes. The controller may arrange for the transfer to one or more processors, such as a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.

By registering on the controller’s website, the IP address assigned to the data subject by the Internet Service Provider (ISP), the date and time of registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable the clarification of criminal offenses committed. In this respect, the storage of these data is necessary to protect the data controller. As a matter of principle, this data is not passed on to third parties, unless there is a legal obligation to pass it on or the passing on serves criminal prosecution.

We sometimes use external service providers to process your data. If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this will only take place on the basis of a legal authorization (e.g. if a transfer of the data to third parties, such as payment service providers, is required in accordance with Art. 6 Para. 1 letter b DSGVO in order to fulfill the contract), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called „contract processing agreement“, this is done on the basis of Art. 28 DSGVO. These are carefully selected and commissioned by us, are bound by our instructions and are checked regularly.

Furthermore, we may pass on your personal data to third parties if participation in promotions, competitions, conclusion of contracts or similar services are offered by us together with partners. You will receive more detailed information on this when you enter your personal data or in the description of the offer below.

If we process data outside the European Union (EU) or the European Economic Area (EEA) (so-called third country) or if we do so in the context of using the services of third parties or if we disclose or transfer data to third parties, this will only take place if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Otherwise, we only process or allow data to be processed in a third country if the conditions of Art. 44 ff. DSGVO.

  • 6. Legal basis of the processing

Art. 6 Abs. 1 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 party, such as processing operations necessary for the supply of goods or provision of another service or consideration, the processing is based on Art. 6 para. 1 b DSGVO.

The same applies to such processing operations which 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 which makes the processing of personal data necessary, for example to fulfil tax obligations, the processing is based on Art. 6 paragraph 1 c DSGVO.

In some cases, the processing of personal data might be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In that case, the processing would be based on Article 6(6). 1 d DSGVO.

Moreover, processing operations could be based on Art. 6 para. 1 f DSGVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject are overridden. We are allowed such processing operations because they were specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 DSGVO).

Is the processing of personal data based on Article 6(1) 1 f DSGVO, our legitimate interest is to conduct our business activities for the benefit of the well-being of all our employees and our shareholders.

  • 7. Data protection notices in the application procedure

By submitting their application to us, applicants agree to the processing of their data for the purposes of the application procedure in accordance with the type and scope described in this data protection declaration.

The applicant data is processed in order to fulfil our (pre-)contractual obligations within the framework of the application procedure in accordance with article 6 paragraph 1 b. DSGVO Art. 6 para. 1 f. DSGVO if the data processing becomes necessary for us, e.g. in the context of legal proceedings (§ 26 BDSG).

If, in the course of the application procedure, special categories of personal data within the meaning of Art. 9 para. 1 DSGVO, their processing is also carried out in accordance with Art. 9 para. 2 b DSGVO (e.g. health data, such as severely disabled status or ethnic origin).

In case of a successful application, the data provided by the applicants may be further processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer 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 at any time.

Subject to a justified revocation of the candidates, the deletion takes place after the expiry of a period of six months, so that we can answer any follow-up questions regarding the application and comply with our obligations to prove this under the Equal Treatment Act.

  • 8. Objection or revocation against the processing of your data

If you have given your consent to the processing of your data, you can revoke it at any time. Such revocation affects the admissibility of the processing of your personal data after you have given it to us.

Insofar as we base the processing of your personal data on the balancing of interests, you can object to the processing. This is the case if the processing is not required in particular for the performance of a contract with you, which is shown by us in the following description of the functions. In exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will check the situation and will either discontinue or adapt the data processing or show you our compelling reasons for protecting us, on the basis of which we continue the processing

Of course, you can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can inform us about your advertising objection at the following contact details:

Prof. Dr. jur. Hans-Hermann Dirksen, LIEBENSTEIN LAW – law firm for Commercial law, Eschersheimer Landstr. 351, 60320 Frankfurt am Main, Tel: 069 272 95 921, Fax: 069 272 95 923, E-Mail: mail@liebenstein-law.de

  • 9. Use of social media plug-ins

We are currently using social media plug-ins. We use the so-called two-click solution. This means that when you visit our site, no personal data will initially be passed on to the providers of the plug-ins. You can recognize the provider of the plug-in by marking it on the box by using its initial letter or logo. We offer you the possibility to communicate directly with the provider of the plug-in via the button. Only if you click on the selected field and activate it, the plug-in provider receives the information that you have visited the corresponding website of our online offer. In addition, the data referred to in Section 3 of this declaration will be transmitted. In the case of Facebook and Xing, according to the respective providers in Germany, the IP address is anonymized immediately after collection. By activating the plug-in, personal data from you is transmitted to the respective plug-in provider and stored there (with US providers in the USA). Since the plug-in provider collects data via cookies in particular, we recommend that you delete all cookies before clicking on the greybox via the security settings of your browser.

We have no influence on the data collected and data processing processes, nor are we aware of the full extent of the data collection, the purposes of the processing, the storage periods. We also do not have any information on the deletion of the collected data by the plug-in provider.

The plug-in provider stores the data collected about you as user profiles and uses them for the purposes of advertising, market research and/or the design of its website according to requirements. Such an evaluation is carried out in particular (also for unlogged users) for the presentation of demand-oriented advertising and in order 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 the respective plug-in provider in order to exercise this. Through the plug-ins, we offer you the opportunity to interact with social networks and other users, so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 1 p. 1 lit. f GDPR.

The data is passed on regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in to the plug-in provider, your data collected by us will be assigned directly to your existing account with the plug-in provider. If you press the activated button and, for example, link the page, the plug-in provider also stores this information in your user account and communicates it publicly to your contacts. We recommend that you log out regularly after using a social network, especially before activating the button, as this will allow you to avoid being assigned to your profile with the plug-in provider.

Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the data protection declarations of these providers provided below. There you will also receive further information about your rights in this regard and settings options to protect your privacy.

Addresses of the respective plug-in providers and URL with their privacy notices:

Facebook Inc., 1601 S California Ave, Palo Alto, California 94304; http://www.facebook.com/policy.php; more information on data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications and http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Google Inc., 1600 Amphitheatre Parkway, Mountainview, California 94043, USA; https://www.google.com/policies/privacy/partners/?hl=de. Google 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, DE; http://www.xing.com/privacy.

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.

Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA; https://help.instagram.com/155833707900388.

  • 10. Integration of YouTube videos

We have integrated YouTube videos into our online offering, which are based on http://www.YouTube.com stored and can be playable directly from our website. These are all included in „advanced privacy mode“, i.e. no data about you as a user is transferred to YouTube if you do not play the videos. Only when you play the videos will the data referred to in paragraph 2 be transferred. We have no influence on this data transfer.

By visiting the website, YouTube receives the information that you have accessed the corresponding subpage of our website. In addition, the data referred to in Section 3 of this declaration will be transmitted. This is done regardless of whether YouTube 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 mapped directly to your account. If you do not want to be assigned to your youTube profile, you must log out before activating the button. YouTube stores your data as user profiles and uses it for advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (even for unlogged users) for the provision of demand-oriented advertising and in order to inform other users of the social network about your activities on our website. You have a right to object to the creation of these user profiles, and you must contact YouTube to exercise this.

For more information on the purpose and scope of Data Collection and its processing by YouTube, please see the Privacy Policy. There you will also find more information about your rights and settings to protect your privacy: https://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the US and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

  • 11. Integration of Google Maps

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

By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data referred to in Section 3 of this declaration will be transmitted. This is done 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 mapped directly to your account. If you do not want to be assigned to your google profile, you must log out before activating the button. Google stores your data as user profiles and uses it for the purposes of advertising, market research and/or customizing the design of its website. Such an evaluation is carried out in particular (even for unlogged users) for the provision of demand-oriented advertising and in order to inform other users of the social network about your activities on our website. You have a right to object to the creation of these user profiles, and you must contact Google to exercise this.

Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the provider’s privacy statements. There you will also find more information about your rights in this regard and settings options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the US and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

  • 12. Deletion of data

The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated in the context of this data protection declaration, the data stored by us will be deleted as soon as they are no longer necessary for their purpose and no legal retention obligations preclude deletion. Unless the data is deleted because it is necessary for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, the storage is carried out in particular for 6 years in accordance with Section 257 para. 1 HGB (trading books, inventories, opening balance sheets, financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 para. 1 AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).

  • 13. Data security:

Within the website visit, we use the common Secure Socket Layer (SSL) method in conjunction with the highest encryption level supported by your browser. Typically, this is 256-bit encryption. If your browser doesn’t support 256-bit encryption, we’ll use 128-bit v3 technology instead. You can see whether a single page of our website is transmitted encrypted by the closed display of the bowl or lock symbol in the lower status bar of your browser.

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

  • 14. Up-to-dateness and amendment of this privacy policy

This privacy policy is currently valid and is as of May 2018.

Due to the further development of our website and offers above or due to changes in legal or regulatory requirements, it may become necessary to change this data protection declaration. The current data protection declaration can be accessed and printed by you at any time on the website under https://www.liebenstein-law.de/datenschutz/.