Data Protection
1. Name and contact details of the person responsible for processing and the company data protection officer
This privacy information applies to data processing by:
Zdarsky Business Law, Attorneys at Law, (hereinafter: Zdarsky Business Law)
August-Schanz-Str. 8 Entrance B
D-60433 Frankfurt
Germany
Email: datenschutz@zywr.de
Phone: +49 (0)69 – 90545 62-90
Fax: +49 (0) 69 – 90545 62-99 The company data protection officer of Zdarsky Business Law can be reached at the above address, attn. Data Protection Officer, or at datenschutz (at) zywr.de.
2. Collection and storage of personal data as well as type and purpose of their use
A. Scope of data processing
a) When visiting the website
When accessing our website www.zdarsky-wirtschaftsrecht.de, information is automatically sent to the server of our website by the browser used on your end device. The following information is collected without your intervention and stored until automated deletion:
• IP address of the requesting computer,
• Date and time of access,
• Name and URL of the retrieved file,
• Website from which access is made (referrer URL),
• Browser used and, if applicable, the operating system of your computer as well as the name of your access provider. This information is temporarily stored in a so-called log file. Storage of this data together with other personal data of the user does not take place. The aforementioned data is processed by us for the following purposes:
• Ensuring a smooth connection setup of the website,
• Ensuring comfortable use of our website,
• Evaluation of system security and stability as well as
• for other administrative purposes. The legal basis for data processing is Art. 6 para. 1 s. 1 lit. f GDPR. Our legitimate interest follows from the purposes listed above for data collection. In no case do we use the collected data for the purpose of drawing conclusions about you.
In addition, we use cookies and analytics services when you visit our website. Further explanations can be found under sections 4 and 5 of this privacy policy.
b) When using our contact form
For questions of any kind, we offer you the opportunity to contact us via a form provided on the website. A valid email address is required so that we know who the request is from and to be able to respond to it. Further information can be provided voluntarily.
The data processing for the purpose of contacting us is carried out in accordance with Art. 6 para. 1 s. 1 lit. a GDPR on the basis of your voluntarily given consent.
The personal data collected by us for the use of the contact form will be automatically deleted after your request has been processed.
B. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this, the user’s IP address must remain stored for the duration of the session.
Storage in log files is done to ensure the functionality of the website. In addition, we use the data to technically optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. Our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR also lies in these purposes.
C. Duration of storage
The data is deleted as soon as it is no longer necessary for achieving the purpose of its collection. In the case of collecting data for providing the website, this is the case when the respective session is ended. If IP addresses are stored in log files, the following applies: In the case of storage of data in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
D. Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, there is no possibility for the user to object.
3. Data Transfer
Your personal data will not be transmitted to third parties for purposes other than those listed below. We will only pass on your personal data to third parties if:
• You have given your express consent in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR,
• the disclosure is necessary for the assertion, exercise or defense of legal claims according to Art. 6 Para. 1 S. 1 lit. f GDPR and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
• in the event that there is a legal obligation for the transfer according to Art. 6 Para. 1 S. 1 lit. c GDPR, and
• it is legally permissible and required for the processing of contractual relationships with you according to Art. 6 Para. 1 S. 1 lit. b GDPR
4. Cookies
A. Scope of data processing:
We use cookies on our site. These are small files that your browser automatically creates and stores on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not harm your device, do not contain viruses, trojans or other malware.
Information is stored in the cookie that is related to the specific device used. However, this does not mean that we gain direct knowledge of your identity.
The use of cookies serves to make our website functional and to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after leaving our page.
The data processed by cookies are necessary for the purposes mentioned to safeguard our legitimate interests and those of third parties pursuant to Art. 6 Para. 1 S. 1 lit. f GDPR.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created. However, completely deactivating cookies may mean that you cannot use all functions of our website. We also use cookies on our website that enable an analysis of the user’s surfing behavior. In this way, the following data can be transmitted: These can be, for example: (1) Entered search terms (2) Frequency of page views (3) Use of website functions. When our website is accessed, the user is informed about the use of cookies for analysis purposes and their consent to the processing of personal data used in this context is obtained. In this context, there is also a reference to this privacy policy.
Cookie consent with Borlabs Cookie
Our website uses Borlabs Cookie’s cookie consent technology to obtain your consent to store certain cookies in your browser and to document this in a data protection compliant manner. The provider of this technology is Borlabs – Benjamin A. Bornschein, Georg-Wilhelm-Str. 17, 21107 Hamburg (hereinafter Borlabs). When you enter our website, a Borlabs cookie is stored in your browser, in which the consents you have given or the revocation of these consents are stored. This data is not shared with the provider of Borlabs Cookie. The collected data will be stored until you request us to delete it or you delete the Borlabs cookie yourself or the purpose for data storage no longer applies. Mandatory statutory retention periods remain unaffected. Details on the data processing of Borlabs Cookie can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/ The use of Borlabs cookie consent technology is to obtain the legally required consents for the use of cookies. The legal basis for this is Art. 6 Para. 1 S. 1 lit. c GDPR.
B. Legal basis for data processing
The legal basis for processing personal data using cookies for analytical purposes, if the user has given consent, is Art. 6 para. 1 lit. a GDPR.
The legal basis for processing personal data using technically necessary cookies as defined in § 25 para. 2 TDDDG is otherwise Art. 6 para. 1 lit. f GDPR.
C. Purpose of data processing
The purpose of using technically necessary cookies is to enable users to use websites. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
User data collected through technically necessary cookies are not used to create user profiles.
The use of analytical cookies is for the purpose of improving the quality of our website and its content. Through the analytical cookies, we learn how the website is used and can thus continuously optimize our offer.
D. Duration of storage, possibility of objection and removal
Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the storage of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
5. Analysis Tools
a) Tracking Tools
The tracking measures listed below and used by us are carried out on the basis of Art. 6 para. 1 s. 1 lit. f GDPR. With the tracking measures used, we want to ensure a needs-based design and continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.
The respective data processing purposes and data categories can be found in the corresponding tracking tools.
WordPress Stats
This website uses the WordPress tool Stats to statistically evaluate visitor access. The provider is Automattic Inc., 60 29th Street #343, San Francisco, CA 94110-4929, USA. WordPress Stats uses cookies that are stored on your computer and allow an analysis of the use of the website. The information generated by the cookies about the use of this website is stored on servers in the USA. Your IP address is anonymized after processing and before storage. ‘WordPress Stats’ cookies remain on your device until you delete them. The storage of ‘WordPress Stats’ cookies and the use of this analysis tool are based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the anonymized analysis of user behavior in order to optimize both its web offer and its advertising. If corresponding consent has been obtained (e.g., consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. When deactivating cookies, the functionality of this website may be limited. You can object to the collection and use of your data for the future by setting an opt-out cookie in your browser by clicking on this link: https://www.quantcast.com/opt-out/. Alternatively, you can set the following switch to “Off”:
If you delete the cookies on your computer, you must set the opt-out cookie again.
b) Social media plug-ins are not used by us.
6. Google Maps
This website uses Google Maps to display interactive maps and to create directions. Google Maps is a map service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, California 94043, USA. By using Google Maps, information about your use of this website, including your IP address and the (starting) address entered as part of the route planner function, may be transmitted to Google in the USA. When you access a page on our website that contains Google Maps, your browser establishes a direct connection with Google’s servers. The map content is transmitted directly from Google to your browser and embedded into the website. Therefore, we have no influence on the scope of data collected by Google in this manner. To our knowledge, at least the following data is collected:
- Date and time of the website visit,
- Internet address or URL of the accessed website, and
- Entered starting address as part of route planning
We have no influence on the processing and use of the data by Google and therefore assume no responsibility for this.
If you do not want Google to collect, process, or use data about you through our website, you can disable JavaScript in your browser settings. However, you will then not be able to use the map display. Google uses the standard contractual clauses exemplarily listed in Art. 46 Para. 2 and 3 GDPR. Their use enables a user to have a level of data protection that meets the data protection standards in the EU area when data is transferred to third countries (e.g., USA) and stored there. The processing of personal data in the USA by Google is considered to have an equivalent data protection standard through the EU-US Data Privacy Framework in the adequacy decision of the EU Commission dated December 13, 2022. After additional consultations, the adequacy decision could come into effect on July 10, 2023. Further information on this can be found at https://comission.europa/ducument/fa09cbad-dd7d-4684-ae60-be03fcb0fddt_en. Through the EU-US Data Privacy Framework and the standard contractual clauses, Google is obligated to maintain the European data protection level even when transferring, storing, and processing data in the USA. The Google Privacy Policy with further explanations can be found at: https://policies.google.com/privacy?hl=de&fg=1#infosecurity.
7. Rights of Data Subjects
You have the right:
• to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage duration, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right to complain, the origin of your data if not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about their details; • to demand immediate correction of incorrect or completion of your personal data stored by us in accordance with Art. 16 GDPR; • to demand the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with 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 in accordance with Art. 18 GDPR, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you refuse their deletion and we no longer need the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 GDPR; • to receive your personal data, which you have provided to us, in a structured, common and machine-readable format or to demand the transfer to another controller in accordance with Art. 20 GDPR; • to revoke your once given consent to us at any time in accordance with Art. 7 Para. 3 GDPR. This has the consequence that we may no longer continue the data processing based on this consent for the future and
• to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or work or our law firm’s headquarters.
8. Right to Object
If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation.
If you would like to exercise your right of revocation or objection, an email to datenschutz@zywr.de is sufficient
9. Data Security
We use the widely used SSL (Secure Socket Layer) method within the website visit in conjunction with the highest level of encryption supported by your browser. Usually, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. Whether a single page of our website is transmitted in encrypted form is indicated by the closed display of the key or lock symbol in the lower status bar of your browser.
We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
10. Timeliness and Amendment of this Privacy Policy
This privacy policy is currently valid and has the status of November 2022. Due to the further development of our website and offers above it or due to changed legal or official requirements, it may become necessary to change this privacy policy.
11. Misuse of Data by Users of Our Websites
The use of contact data published within the framework of the imprint obligation by third parties for sending unsolicited information is not permitted. Legal action against senders of so-called spam mails in case of violations of this prohibition is expressly reserved.
Privacy Policy as of September 2024