1. Person responsible for the processing of your data

Schellenberg Unternehmeranwälte Partnerschaft von Rechtsanwälten mbB, registered with the register of partnerships of the Berlin-Charlottenburg local court, PR 1130 B, Kurfürstendamm 182, D-10707 Berlin, info@unternehmeranwaelte.de, Tel.: +49 30 88 43 08 0, Fax: +49 30 88 43 08 15 (hereinafter referred to as “we” or “us“) is the responsible person for the processing of your data (“data controller”).

2. Definition of personal data

Personal data is all information that relates to a specific or at least identifiable natural person. For example, name, date of birth, contact details, gender, educational level, occupation, but also how you use our services. You are identifiable as a person if your identity can be identified directly or indirectly, e.g. by being able to associate specific data such as name, contact data, location data, profile data, usage data, etc. with you.

3. Personal data that we process, necessary provision of personal data

We process: (1) user-generated data that you as a user enter directly on our website e.g. in the client area (eg login data), (2) General data that we collect automatically via our system (e.g. IP address, access point, time of access, Internet service provider, device used, browser type and version, the subpages, from where a person comes to our website, the so-called “referrer”, and similar data required for the traceability of access for statistical or security purposes).

The provision of personal data is basically not required for the use of our website, except the login data for access to the client area. Our mandate requires the provision of personal data, in particular name and contact details, as well as the relevant mandate-related information and, in individual cases, information on economic interests in order to carry out a legally required identity check to combat money laundering. Failure to provide us with the required data may result in us not being able to conclude a mandate agreement with you and being unable to act on your behalf.

4. Legal basis for the processing of personal data

We process your personal information (i) for the fulfillment of contractual or other obligations towards you (Art. 6 para. 1 lit. b GDPR), such as the provision of information in the client area, (ii) for the fulfillment of legal obligations to which we are subject (Art. 6 para. 1 lit. c GDPR), in particular commercial and fiscal recording obligations, and (iii) pursuant to Art. 6 para. 1 lit. f GDPR in exercise our own legitimate interests or legitimate interests of third parties, unless your interests or fundamental freedoms granted to you by law or constitution prevail. Legitimate interests can be marketing purposes (use of list data such as details of group of people, i.e. group characteristics such as entrepreneurs, industry or business name, name and address, title, academic degree and year of birth, for direct mailings), our interest in the smooth connection and the most functional and efficient design of the use of our website, such as through the use of cookies, as well as the assertion or defense of claims in connection with the use of our website.

5. Do we collect and process personal data from third parties?

We generally collect data directly from you.

6. Disclosure of personal data to third parties

We do not transfer your personal data to third parties for purposes other than those listed below. We only share your personal information with third parties if:

• You have given express consent to this according to Art. 6 para. 1 sentence 1 lit. a GDPR,
• disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
• in the event that disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR is a legal obligation, as well
• this is legally permissible and is required for the settlement of contractual relationships with you according to Art. 6 para. 1 sentence 1 lit. b GDPR.

7. How long do we store personal information?

We will delete personal data as soon and to the extent it is no longer necessary to enable us to fulfill pre-contractual, contractual or regulatory obligations or enforceable regulatory requirements, in particular obligations to tax authorities and regulators, to carry out advertising permissible according to this Privacy Policy or, in particular, with regard to any alleged infringement of third party rights – to assert, enforce or defend legal claims in connection with the use of our website or our services. We reserve the right to delete personal data only after expiry of the relevant limitation period. In detail:

The personal data collected by us for the purposes of a mandate will be stored until the expiry of the statutory retention obligation for lawyers (6 years after the end of the calendar year in which the mandate has ended) and then deleted, unless such data must be stored for a longer period due to tax and commercial storage and documentation obligations (HGB, StGB or AO) according to Article 6 paragraph 1 lit. c GDPR, this is required for the assertion of claims, examination, processing or defense against liability claims and thus legitimate according to Art. 6 para. 1 lit. f GDPR is , or you have consented to a longer storage period according to Art. 6 para. 1 lit. a GDPR. Notwithstanding this, a statutory retention period of at least 7 years applies to notarial subsidiary files, unless the notary has defined a longer retention period, for example in respect of wills or in the event of recourse. Notarial deeds shall be kept for a period of 100 years by law, the custody book, notarial accounting records and register of names for the accounting records, list of escrow accounts and general files for 30 years. Before and in the cases referred to in Section 10 below in which you may require a limitation of processing rather than deletion of data, we will restrict the processing of such data so that they can neither be viewed by us on the fly nor by third parties or processed for operational purposes. However, we do not undertake any obligation to store your personal data for a certain period of time.

8. Data Protection Officer

We have appointed a data protection officer for our firm:

Data Protection Officer, Schellenberg Unternehmeranwälte, Kurfürstendamm 182, 10707 Berlin, datenschutz@unternehmeranwaelte.de.

9. SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as inquiries that you send to us as a site operator, our website uses an SSL or web site. TLS encryption. You can recognize an encrypted connection by changing the address line of the browser from “http: //” to “https: //” and the lock symbol in your browser line. If SSL or TLS encryption is enabled, the data you submit to us can not be read by third parties.

10. Rights of persons affected

You have the right:

• in accordance with Art. 15 GDPR, to request information about your personal data that we process. In particular, you can obtain information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of a right of complaint, the source of the data, if not collected from us, and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
• in accordance with Art. 16 GDPR, demand the immediate correction of incorrect or incomplete personal data stored with us;
• in accordance with Art. 17 GDPR, to demand the deletion of your personal data stored by us, unless the processing is required for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
• to demand the restriction of the processing of your personal data according to Art. 18 GDPR, as far as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data, but you need the data in order to exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
• in accordance with Art. 20 DSGVO, to receive your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another responsible person (data controller);
• according to Art. 7 para. 3 DSGVO, to revoke your consent given to us at any time. As a result, we are not allowed to continue the data processing based on this consent for the future and
• to complain to a supervisory authority pursuant to Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or work or our office.

11. Objection to the use of personal data for specific purposes

For reasons that arise from your particular situation, you have the right at any time to object the processing of personal data relating to you, which we process, pursuant to Art. 6 para. 1 lit. e or f GDPR (performing a task in the public interest or processing based on a legitimate interest).

We will then cease to process your personal information unless we can prove that we have legitimate grounds for processing that outweigh your interests, rights and freedoms, or that serve to assert, exercise or defend your rights.

If we use personal data for direct mailings, you may at any time object to the processing of your personal data for these purposes. After receipt of your objection, we will no longer process your personal data for these purposes.

If you would like to exercise this right, please contact us using the contact information above or send an email to: info@unternehmeranwaelte.de.

12. Cookies

Cookies are small information files that store information about you on the device that you use to access our website.

We use session cookies, which are deleted after the web browser window is closed, but no later than 48 hours after visiting our website.

The information stored in the cookies does not contain any personal information and does not enable us to identify you. You will also not be used to collect your usage in a form that you can associate with other data. If individual personal data are processed through individual cookies set by us, the processing will be carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the execution of the contract or in accordance with Art. 6 para. 1 lit. f GDPR in the interest of our legitimate interest in the best possible function of our website and a customer-friendly and effective design of the use of our website.

Accepting cookies is not a requirement to visit our website. However, if you do not accept the storage of cookies, the functionality of using the website may be limited.
At any time you can independently suspend the acceptance of cookie files by adjusting the settings of your internet browser to block cookies, i.e. cookies are not being accepted and stored. Detailed information about the ways and means of handling cookies is available in the software settings (web browser). You can also delete cookies at any time in the settings of your browser program.

13. Amendment of the Privacy Policy

This privacy statement has been updated as of May 2018. Changes to the services on our website, as well as any legal changes or changes in government practice, may require that this privacy statement be modified. We will inform about changes at this point.