Data Protection Statement
Thank you for your interest in our website. Below, we wish to inform you regarding the manner, scope and purpose of the collection of personal data when you use our website. If you have any questions in this regard, please do not hesitate to contact us at any time.
I. Name and address of the controllerThe controller, as defined by the General Data Protection Regulation and other national data protection laws of the member states, and other statutory data protection regulations, is:
ZIEBIG & HENGELHAUPT Patentanwälte PartG mbB
Leipziger Straße 49
Tel.: +49 171 2865587
II. General information on data processing
1. Scope of the processing of personal dataIn general, we only process the personal data of our users to the extent that this is necessary for the provision of a functioning website and of our content and services. The processing of the personal data of our users is, as a rule, only conducted with the consent of the user. An exception applies in such cases when prior attainment of consent is not possible for specific reasons, and when the processing of the data is permitted by the statutory regulations.
2. Legal basis for the processing of personal dataIn cases where we obtain consent by the data subject for the purpose of processing personal data, Art. 6, Section 1, point a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data required for the fulfilment of a contract, the contractual party of which is the data subject, Art. 6, Section 1, point b of the GDPR serves as the legal basis. This also applies to processing procedures required for implementing pre-contractual measures.
Should the processing of personal data be required for the fulfilment of a legal obligation to which our company is subject, Art. 6, Section 1, point c of the GDPR serves as the legal basis.
If processing is required in order to uphold a justified interest of our company or of a third party, and if the interests, basic rights and basic freedoms of the data subject do not override this interest, Art. 6, Section 1, point f of the GDPR serves as the legal basis for the processing.
3. Data erasure and duration of storageThe personal data of the data subject shall be erased or blocked as soon as the purpose of storage no longer applies. Data may furthermore be stored when this is provided by the European or national legislator in statutory Union regulations, laws or other specifications to which the controller is subject. A blockage or erasure of the data only occurs when a storage period specified by the above norms expires, unless there is a requirement for the continued storage of the data for a conclusion of contract or a fulfilment of contract.
III. Provision of the website and creation of log files
1. Description and scope of data processingEach time our website is retrieved, our system automatically records data and information from the system of the retrieving computer.
Here, the following data is collected:
(1) Information about the browser type and the version used
(2) The operating system of the user
(3) The Internet service provider of the user
(4) The date and time of access
(5) Websites from which the system of the user accesses our website
(6) Websites that are retrieved by the system of the user via our website
The data is also stored in the log files of our system. The IP addresses of the user or other data that enable an association of the data with a user are not affected. Such data, as well as other personal data of the user, is not stored.
2. Legal basis for data processingThe legal basis for the temporary storage of data is Art. 6 Section 1, point f of the GDPR.
3. Purpose of data processingThe temporary storage of the IP address by the system is necessary in order to enable delivery of the website to the computer of the user. For this purpose, the IP address of the user must remain stored for the duration of the session.
4. Duration of storageThe data is deleted as soon as it is no longer required for the achievement of the purpose of its collection. In the case of recording of the data for the provision of the website, this is the case when the respective session is terminated.
5. Opportunity for objection and removalThe recording of data for the provision of the website and the storage of data in log files is of absolute necessity for the operation of the website. As a result, there is no opportunity on the part of the user to object.
During this process, language settings are stored and transferred in the cookies.
2. Legal basis for the data processingThe legal basis for the processing of personal data using cookies is Art. 6, Section 1, point f of the GDPR.
We require cookies in order to adopt language settings.
The user data collected by cookies required for technical reasons is not used to create user profiles.
These purposes constitute our justified interest in processing personal data, pursuant to Art. 6, Section 1, point f of the GDPR.
V. E-mail contact
1. Description and scope of data processingOn our website, contact can be made via the e-mail address provided. In this case, the personal data of the user transferred with the e-mail, including the user’s e-mail address, is stored.
In this context, no data is forwarded to third parties. The data is used solely for the purpose of processing the conversation.
2. Legal basis for data processingThe legal basis for the processing of data transferred while sending an e-mail is Art. 6, Section 1, point f of the GDPR. If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for the processing is Art. 6, Section 1, point b of the GDPR.
3. Purpose of data processingWe use the processing of personal data solely for the purpose of processing the initial contact. When contact is made via e-mail, this is also the required justified interest in processing the data.
The other personal data processed during the dispatch procedure serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storageThe data is deleted as soon as it is no longer required for the attainment of the purpose of its collection. For personal data sent via e-mail, this is the case when the respective conversation with the user is terminated. The conversation is terminated when it can be seen from the circumstances that the matter in question has been conclusively clarified.
5. Opportunity for objection and removalThe user has the right to revoke their consent to the processing of personal data at any time. If the user makes e-mail contact with us, they may object to the storage of their personal data at any time via e-mail or by post. In such cases, the conversation will not be continued. All personal data that is stored during the course of making contact will be deleted in such cases.
VI. Rights of the data subjectIf personal data relating to you is processed, you are the data subject as defined in the GDPR, and you have the following rights in relation to the controller:
1. Right to informationYou can demand confirmation from the controller as to whether personal data relating to you is being processed by us.
If such processing is being conducted, you can request information about the following from the controller:
(1) The purpose for which the personal data is being processed;
(2) The categories of personal data being processed;
(3) The recipients or categories of recipient to whom the personal data relating to you has been or will be disclosed;
(4) The envisaged period for which the personal data relating to you will be stored, or, if specific information in this regard is not possible, the criteria used to determine that period;
(5) The existence of the right to request rectification or erasure of personal data or restriction of processing of personal data relating to you by the controller, or to object to such processing;
(6) The right to lodge a complaint with a supervisory authority;
(7) Where the personal data are not collected from the data subject, any available information as to its source;
(8) The existence of automated decision-making, including profiling, pursuant to Art. 22, Sections 1 and 4 of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether personal data relating to you is transferred to a third country or to an international organisation. In this context, you have the right to be informed of the appropriate safeguards pursuant to Art. 46 of the GDPR relating to the transfer.
2. Right to rectificationYou have a right to rectify and/or complete personal data in relation to the controller, insofar as the processed personal data relating to you is incorrect or incomplete. The controller must make the rectification without delay.
3. Right to restriction of processingYou have the right to obtain the restriction of processing of personal data relating to you where one of the following applies:
(1) When the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
(2) When the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
(3) When the controller no longer needs the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defence of legal claims, or
(4) When you have objected to processing pursuant to Art. 21, Section 1 of the GDPR pending the verification whether the legitimate grounds of the controller override your grounds.
Where processing of personal data relating to you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence 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 of a Member State.
Where the restriction of processing is restricted in accordance with the above preconditions, you will be notified in advance by the controller before the restriction is lifted.
4. Right to erasurea) Erasure obligation
You have the right to request from the controller the erasure of personal data concerning you without undue delay, and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data relating to you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
(2) You revoke your consent on which the processing is based pursuant to Art. 6, Section 1, point a or Art. 9, Section 2, point a of the GDPR, and where there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21, Section 1 of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21, Section 2 of the GDPR.
(4) The personal data relating to you has been unlawfully processed.
(5) The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
(6) The personal data relating to you has been collected in relation to the offer of information society services referred to in Art. 8, Section 1 of the GDPR.
(7) Information to third parties.
Where the controller has made the personal data relating to you public and is obliged pursuant to Art. 17, Section 1 of the GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, this personal data.
The right to erasure does not apply to the extent that processing is necessary:
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by 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 Art. 9, Section 2, points h and i as well as Art. 9, Section 3 of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89, Section 1 in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.
5. Right to notificationIf you have asserted your right to the rectification, erasure or restriction of processing in relation to the controller, the controller is obliged to communicate any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right in relation to the controller to be notified regarding these recipients.
6. Right to data portabilityYou have the right to receive the personal data relating to you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to which the personal data has been provided, where
(1) the processing is based on consent pursuant to Art. 6, Section 1, point a or Art. 9, Section 2, point a of the GDPR or on a contract pursuant to Art. 6, Section 1, point b of the GDPR, and
(2) the processing is carried out by automated means.
In exercising this right to data portability, you also have the right to have the personal data relating to you transferred directly from one controller to another, where technically feasible. The freedoms and rights of other persons may not be impaired as a result.
The right to data portability does not apply to the 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.
7. Right to objectYou have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data relating to you which is based on Art. 6, Section 1, point e or f of the GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data relating to you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data relating to you shall no longer be processed for such purposes.
You have the opportunity, in connection with the use of services by the information society – Directive 2002/58/EC notwithstanding – to exercise your right to object using automated procedures, in which technical specifications are applied.
8. The right to revoke a declaration of consent in relation to data protectionYou have the right to revoke your declaration of consent in relation to data protection at any time. By revoking your consent, the lawfulness of the processing that has occurred before revocation on the basis of your consent remains unaffected.
9. Automated decision-making, including profilingYou have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or in a similar way significantly affects you. This does not apply if the decision
(1) is necessary for entering into, or performance of, a contract between the you and the data controller,
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is based on your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9, Section 1 of the GDPR, insofar as Art. 9, Section 2, point a or g of the GDPR applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.
With regard to the cases named in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authorityWithout prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 of the GDPR.