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Data protection

Name and contact data of the person responsible for data processing (controller)

This privacy notice applies to data processing by:

arcum RECHTSANWÄLTE

Brabanter Str. 4
80805 Munich
Tél: +49 - (0)89 – 45 20 58 540
Fax: +49 - (0)89 – 45 20 58 555
Email: info@arcum-rechtsanwaelte.de
Internet: www.arcum-rechtsanwaelte.de

Extent of the processing of personal data

We collect and use personal data of our users only as far as this is necessary for the provision of a functional website, our contents as well as our services. The collection and the use of personal data of our users takes place regularly only after consent of the user. An exception applies in such cases, in which a user prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal regulations.

Legal basis for the processing of personal data

Insofar as the data subject has given us his consent for the processing of personal data, Article 6(1)(a) of the EU-General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.

If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR shall apply as legal basis. This also applies to the processing of personal data which is necessary in order to take steps at the request of the data subject prior to entering into a contract.

Insofar as the processing of personal data is necessary for compliance with a legal obligation to which we are subject, Article 6(1)(c) GDPR serves as the legal basis.

In the event that the processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR serves as the legal basis.

If the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, Article 6(1)(f) GDPR serves as the legal basis for the processing.

Erasure and storage duration of personal data

The personal data of the data subject will be erased or the processing restricted as soon as the purposes of the processing are no longer apply. In addition, the data may be processed in order to comply with EU regulations, national laws or other provisions to which we are subject. The data will also be erased or the processing restricted if a storage period expires, unless if further processing of the data is necessary for the conclusion or the performance of a contract.

Visit to the website, request header, server-side log files

When you visit our website, your browser automatically sends in the so-called header of the request various general information to the website. These data include inter alia:

  • browser types used and versions
  • the operating system used by the accessing system
  • the website from which an accessing system accesses our website (so-called referrers)
  • the sub-sites which are accessed via an accessing system on our website
  • the date and time of access to the website
  • an Internet protocol address (IP address)
  • the Internet service provider of the accessing system
  • other similar data and information

The server on which the Internet presence is operated evaluates the IP address in order to technically process the request and to be able to return the answer to the requesting system. In addition, the operating system and the browser type and version used are evaluated by the website in order to decide whether the mobile version of the website or the desktop version of the website must be delivered.

The purpose of data processing according to Article 13(1)(c) GDPR is the provision and operation of a technically flawlessly functioning Website.

The legal basis for the processing of the transmitted data is Article 6(1)(f) GDPR, it is in our legitimate interest to create a website and to provide information to interested parties.

There is no storage or logging of the inquiries or requests in log files.

Cookies

Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's device. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

This website does not use cookies to protect our users.

Contact form(s)

Contact forms are not available on our website. 

Email contact

You can contact us via the email address provided on our website. In this case, the transmitted personal data of the user will be processed.

The data will not be passed on to third parties in this context. The data will only be processed to process the request.

The purpose of the data processing according to Article 13(1)(c) GDPR is to provide an easy way for our website visitors to contact us.

The legal basis for the processing of data transmitted via email is Article 6(1)(f) GDPR. It is our legitimate interest to be contacted by our website visitors. If the email contact aims at the conclusion of a contract, then the additional legal basis for the processing of the data is Article 6(1)(b) GDPR, the processing serves the performance of a contract or take steps at the request of the data subject prior to entering into a contract.

The data will be erased as soon as it is no longer necessary for the achievement of its purpose. This is the case for the personal data transmitted via email when the respective conversation with the user has ended. The conversation has ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

The user can withdraw his consent to the processing of personal data at any time. If the user contacts us via the contact form, he can object the processing of his personal data at any time. In this case, the conversation cannot be continued.

Email application

If you apply to us by email, we collect and process your personal data to process the application process.

The purpose of data processing according to Article 13(1)(c) GDPR is to carry out an application procedure.

The legal basis for the collection and processing of your personal data in the application process is § 26 German Data Protection Act in the version applicable from 25 May 2018 and Article 6(1)(b) GDPR (taking steps at the request of the data subject prior to entering into a contract). The legal basis for the storage of your data beyond the application procedure is Article 6 GDPR, in particular for the purpose of our legitimate interests in accordance with Article 6(1)(f) GDPR. Our interest is the establishment or defence of legal claims, e.g. within the scope of an obligation to provide evidence in a procedure in accordance with the German General Act on Equal Treatment. In the event that you have given us your consent for further processing of your data, we will store your data in our candidates’ pool. In this case, the data will be erased after the expiry of two years. Your consent serves in accordance with Article 6(1)(a) GDPR as a legal basis for the further data processing.

In the case of an application via email, data transmission is generally unencrypted unless the applicant's email service provider supports transport encryption via Secure Socket Layer. Upon request, an applicant can send us emails with encrypted information after prior consultation via telephone. Alternatively, the applicant can send us his application data in encrypted and password-protected files (.zip or similar) and provide us with the password for decryption by telephone or other means.

If we conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the data will be deleted immediately after completion of the application process, provided that no other legitimate interests of the data controller conflict with such deletion.

The user has the possibility at any time to withdraw his consent to the processing of personal data within the scope of the application procedure. If the user contacts us via email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

Google AdWords and Google Conversion-Tracking

This website uses Google AdWords. AdWords is an online advertising program of Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (Google).

With the context of Google AdWords, we use so-called conversion tracking. When you click on an advertisement placed by Google, Google sets a cookie for conversion tracking. Cookies are small text files that the Internet browser places on the user's device. This cookie loses its validity after 30 days and is not used for the personal identification of the user. If the user visits certain pages of this website and the cookie has not expired, Google and we may recognize that the user clicked on the advertisement and was directed to that page.

Each Google AdWords customer receives a different cookie. Cookies cannot be tracked through AdWords customer websites. The information collected from the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers will know the total number of users who clicked on their advertisement and were directed to a page with a conversion tracking tag. However, they do not receive information that personally identifies users. If you do not want to be tracked you can opt out of this by deactivating the Google conversion tracking cookie in your internet browser settings. You will then not be recorded in the conversion tracking statistics.

Conversion cookies are stored on the basis of Article 6(1)(f) GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise his website and his advertising. This legitimate interest overrides the interests or fundamental rights and freedoms of the data subject. More information about Google AdWords and Google conversion tracking can be found in Google's privacy policy:

https://www.google.co.uk/policies/privacy/

You can set your browser that you are informed when cookies are set and only allow cookies in individual cases, accept cookies for specific cases or generally exclude them and activate automatic erasure of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.

Google Maps

This page uses the Google Maps map service via an API to display maps and to create directions. Provider is Google LLC., 1600. Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use the features of Google Maps it is necessary to store your IP address. This information will usually be sent to a Google server in the United States and will be stored there.

The purpose of the data processing according to Article 13(1)(C) GDPR is to embed and present the Google Maps map service.

The use of Google Maps takes place in the interest of an appealing presentation of our online services and an easy traceability of the indicated places provided on our website. These are legitimate interests according to Article 6(1)(f) GDPR, that overrides the interests or fundamental rights and freedoms of the data subject.

The data transfer to a third country (USA) is based on the EU Commission adequacy decision according to the EU-U.S. Privacy Shields.

More information about processing of user data can be found in Google's privacy policy at https://www.google.co.uk/policies/privacy/and in the Terms of Use for Google Maps at https://www.google.com/intl/en_en/help/terms_maps/.

Data security

This website uses the widely-applied Secure Socket Layer (SSL) encryption system at the highest level of encryption supported by your browser to ensure you a visit which is as sevure as possible. Normally, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we will use 128-bit v3 technology instead. Whether a page of our internet website is being transmitted in an encrypted fashion, you can notice with a key or lock symbol in the lower or upper status bar of your browser.

Data, which you may send us via our contact forms, will already be encrypted in this manner when you submit them and will securely be transmitted from your browser to our server.

In addition, we are applying appropriate technical and organisational measures to ensure a level of security to protect your data against accidental or intentional manipulations, partial or complete loss, destruction or against the access of the unauthorisedthird parties. We continually improve our security measures in line with technological developments.

Rights of Data Subjects

If personal data relating to you is processed, you are the data subject according the GDPR and you are entitled to the following rights against the controller:

Right of access

You can request confirmation from the controller as to whether personal data relating to you will be processed by us.

If this is the case, you may request the following information from the data controller:

  1. the purposes of the processing;
  2. the categories of personal data concerned;
  3. the recipients or categories of recipient to whom the personal data have been or will be disclosed;
  4. the envisaged period for which the personal data will be stored, or, if it is not possible to provide specific information in this respect, the criteria used to determine that period;
  5. the existence of the right to request from the controller rectification or erasure of personal data relating to you or restriction of processing or to object to such processing;
  6. the right to lodge a complaint with a supervisory authority;
  7. any available information as to the source, where the personal data are not collected from the data subject;
  8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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 the personal data concerning you will be transferred to a third country or to an international organisation. In this connection, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.

Right of rectification

You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification without undue delay.

Right of restriction of processing

When one the following prerequisites is met, you may request that the processing of personal data related to you will be restricted:

  1. if you contest the accuracy of the personal data for a period enabling the controller to verify the accuracy of the personal data;
  2. if the processing is unlawful and the you oppose the erasure of the personal data and request the restriction of their use instead;
  3. if the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
  4. if you have objected to processing pursuant to Article 21(1) GDPR and the verification is still pending whether the legitimate grounds of the controller override those of you.

Where the processing of personal data concerning you has been restricted, such personal data shall not be processed, with the exception of storage, without your consent or for the purpose of establishing, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the processing has been restricted in accordance with the above prerequisites, you will be informed by the controller before the restriction of processing is lifted.

Right of erasure

1. Obligation to erase

You have the right to obtain from the controller the erasure of personal data concerning you and the controller has the obligation to erase these data without undue delay where one of the following grounds applies:

  1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

  1. You withdraw consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GPR, and where there is no other legal ground for the processing;

  2. You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR;

  1. the personal data have been unlawfully processed;

  2. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

  1. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

2. Information to third parties

Where the controller has made the personal data public and is obliged pursuant to Article 17(1) 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 the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

3. Exceptiones

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 in accordance with Article 9(2)(h) GDPR as well as Article 9(3) GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in section 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.

Notification obligation

If you have exercised your right against the controller to rectify, erase or restrict the processing of personal data concerning you, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, erasure or restriction, unless this is impossible or involves a disproportionate effort.

You have the right against the controller to be informed of such recipients.

Right of data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. Furthermore, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  1. the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and
  2. the processing is carried out by automated means.

In exercising your aforementioned right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.

The exercise of the right of portability does not apply to processing 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.

Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based Article 6(1)(e) or (f) 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.

If personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning 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 will no longer be processed for such purposes.

Right to withdraw consent

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Automated individual decision-making, including profiling

Youhave the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

  1. is necessary for entering into, or performance of, a contract between 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 explicit consent.

However, these decisions are not based on special categories of personal data referred to in Article 9(1) GDPR, unless Article 9(2)(a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in points (1) and (3), the data controller implements suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his point of view and to contest the decision.

Right to lodge a complaint with a supervisory authority

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 will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

Exercise of your rights against the controller

You can exercise your rights at any time in writing, by email or by telephone. Please contact us:

arcum RECHTSANWÄLTE

Brabanter Str. 4
80805 Munich
Tél: +49 - (0)89 – 45 20 58 540
Fax: +49 - (0)89 – 45 20 58 555
Email: info@arcum-rechtsanwaelte.de
Internet: www.arcum-rechtsanwaelte.de

Changes to this Privacy Notice

We reserve the right to make changes at any time in order to ensure that our privacy notice always complies with the current legal requirements. This also applies in the event that the privacy notice has to be adapted due to new or revised services. The new privacy notice will then take effect the next time you visit our website.

Status of the privacy notice: 15 May 2019