Privacy Policy - ALP Rechtsanwälte

PRIVACY POLICY

With this privacy policy, we inform you about how, to what extent and for what purpose we process your data when you visit our website and what rights you have in connection with the data processing. The processing of data by us is carried out in compliance with the statutory provisions, in particular the General Data Protection Regulation (Regulation (EU) 2016/679, GDPR for short).

Contact Details :

We are controller in the means of data protection. Our contact details are

A | L | P Rechtsanwälte
Albrecht | Legal | Partner Partnerschaft mbB
Am Kaiserkai 69
20457 Hamburg

Telephone: +49 (0)40-325577-0
Facsimile: +49 (0)40-325577-88/99
E-Mail: info@alp.de

Contact details of the supervisory authority:

Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit
Ludwig-Erhard-Straße 22, 7. OG
20459 Hamburg
Telephone: +49 (0)40-42854-4040
Facsimile: +49 (0)40-42854-4000
E-Mail: mailbox@datenschutz.hamburg.de

Internet: https://www.datenschutz.hamburg.de

PERSONAL DATA

Personal data is information relating to an identified or identifiable natural person (“data subject”), cf. Article 4 No. 1 GDPR. This includes, e.g., name, age, date of birth, marital status, address, e-mail address, other contact details, etc.

COLLECTION OF PERSONAL DATA

You can visit our website without providing any information on your person.

On the one hand, your data is collected by you providing it to us. This can be, e.g., data that you enter into a contact form. Other data is collected by our IT systems automatically or is recorded after your consent when visiting this website.
This is mainly technical data (e.g., internet browser, operating system or time of page view). This data is collected automatically as soon as you visit this website.
Some of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.

DATA CATEGORIES

We process the following categories of data: master data (such as first name, last name, address, e-mail address), communication data, contract data, receivables data, payment and – if applicable – default information.

TRANSFER OF DATA

We will only share your data with third parties,

– if you gave your express consent to this in accordance with Article 6 (1) 1 a) GDPR;

– if the transfer is necessary for the performance of a contract pursuant to Article 6 (1) 1 b) GDPR;

– if we are legally obligated to transfer the data within the meaning of Article 6 (1) 1 c) GDPR;

– if the disclosure of the data is in the public interest within the meaning of Article 6 (1) e) GDPR or;

– if the disclosure of the data is necessary to protect our legitimate interests or the legitimate interests of a third party in accordance with Article 6 (1) 1 f) GDPR, unless your interests in the protection of your data prevail.

NOTE ON DATA TRANSFER TO THE USA AND OTHER THIRD COUNTRIES

Amongst others, we use tools from companies based in the USA or other third countries that are not secure in terms of data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that no level of data protection comparable to that in the EU can be guaranteed in these countries. For example, U.S. companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be excluded that U.S. authorities (e.g., intelligence services) for monitoring purposes process, evaluate and permanently store your data located on U.S. servers. We have no influence on these processing activities.

DURATION OF DATA STORAGE

Unless a more specific storage period has been specified within this privacy policy, your data will be stored by us for as long as it is required for the respective purposes on which the processing is based. If applicable, this also includes the periods of the initiation of a contract (pre-contractual legal relationship) and the processing of a contract. In addition, we only store data insofar as we are legally obligated to do so, e.g., due to statutory retention obligations (stemming for example from the German Commercial Code [Handelsgesetzbuch, HGB], Sections 238, 257 (4) HGB, and the German Fiscal Code [Abgabenordnung, AO], Sec. 147 (3), (4) AO; the periods specified therein for retention or documentation amount to up to ten years) or for the preservation of evidence, taking into account the statute of limitations (e.g., Secs. 194 et seqq. of the German Civil Code [Bürgerliches Gesetzbuch, BGB] up to 30 years, whereby the standard limitation period is three years). If you assert a legitimate request for deletion of data or withdrawal of a consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., statutory retention obligations); in the latter case, deletion will take place after these reasons cease to exist.

SERVER LOGFILES

As soon as you access our website, server log files are transmitted to our provider. These are anonymized data (IP address, operating system, browser type and version, browser language, time of access, referrer URL [previously visited website], content of the request [specific page] and the amount of data transferred), which allow us to perform statistical analyses and optimize our website for users and which are stored until they are automatically deleted. These data are anonymized and do not allow us to draw conclusions about a specific person.

The storage of the aforementioned access data is necessary for technical reasons to provide a functional website and to ensure system security. This also applies to the storage of your IP address which is necessary and, under further conditions, may at least theoretically allow an assignment to your person. Beyond the aforementioned purposes, we use server log files purely statistically and without inference to your person and exclusively for the needs-based design and optimization of our internet offer. The data is not merged with other data sources.

The access data collected in the course of using our website is only stored for the period of time for which this data is required to achieve the above purposes. For IT security purposes, your IP address is stored on our provider’s server for a maximum of eight weeks.

Insofar as you visit our website to obtain information about our range of products and services or to use them, the legal basis for the temporary storage and processing of access data is Article 6 (1) 1 b) GDPR, which permits the processing of data for the performance of a contract or for the implementation of pre-contractual measures. In addition, Article 6 (1) 1 f) GDPR serves as the legal basis for the temporary storage of technical access data. Our legitimate interest is that the data processing allows us to perform statistical evaluations regarding the use of our website and to optimize our website for the user.

EXTERNAL HOSTING

This website is hosted by an external service provider (hoster). The personal data collected on this website are stored on the hoster’s servers. This may mainly be IP addresses, contact requests, meta and communication data, contract data, contact data, names, website accesses and other data generated via a website.

The hoster is used for the purpose of fulfilling contracts with our potential and existing customers (Article 6 (1) 1 b) GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Article 6 (1) 1 f) GDPR).

Our hoster will only process your data to the extent necessary to fulfill its performance obligations and will follow our instructions regarding these data.

We use the following hoster:

1&1 IONOS SE
Elgendorfer Str. 57
56410 Montabaur

CONCLUSION OF A CONTRACT FOR THE PROCESSING OF DATA BY A PROCESSOR

To ensure data protection-compliant processing, we concluded a data processing contract with our hoster.

COOKIES

Our internet pages use so-called “cookies”. Cookies are small text files and do not cause any damage to your end device. They are stored on your end device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.

In some cases, cookies from third-party companies may also be stored on your end device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g., Google Maps).

Cookies contain, for example, information about your IP address, your operating system, the browser type and version, the time of access and the referrer URL (previously visited page) in order to recognize multiple use of our website by the same user and to be able to statistically record and evaluate the use of our website.

Cookies are used to make our offer more user-friendly, effective and secure and to enable the provision of certain functions. Other cookies are used to display advertising. Many cookies are technically necessary, as certain functions of our websites would not work without them (e.g., Borlabs cookie for cookie-consent, Google Maps).

Cookies that are necessary to carry out the electronic communication process (necessary cookies) or to provide certain cookies to optimize the website (e.g., cookies to measure the web audience) are stored on the basis of Article 6 (1) 1 f) GDPR, unless another legal basis is specified. We have a legitimate interest in storing cookies for the technically error-free and optimized provision of our services and to be able to carry out statistical evaluations regarding the use of our website and to ensure the security of our systems. If consent to the storage of cookies has been requested, the storage of the cookies in question is based exclusively on this consent (Article 6 (1) 1 a) GDPR); such consent can be withdrawn at any time.

You can adjust 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, as well as activate the automatic deletion of cookies when closing the browser. You can regularly find out about the procedure for deactivating cookies via the “Help” function of your internet browser.

If cookies are deactivated, the functionality and/or complete availability of this website may be limited. For further cookie-specific settings and deactivation options, below please find the individual explanations of the cookies and associated functions/technologies specifically used when visiting our website. Please also note that settings only affect the browser in question. If you use several different browsers on one end device or different end devices (possibly with different browsers), the corresponding settings must be made in all browsers.

If cookies are deactivated, the functionality of this website may be limited. If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately within the framework of this privacy policy and, if necessary, request your consent.

COOKIE-CONSENT WITH BORLABS COOKIE

Our website uses the cookie-consent technology of Borlabs Cookie to obtain your consent to the storage of certain cookies in your browser and to document this in compliance with data protection laws. The provider of this technology is Borlabs – Benjamin A. Bornschein, Rübenkamp 32, 22305 Hamburg (hereinafter Borlabs).

Upon entering our website, a Borlabs cookie storing the consents you gave or the withdrawal of these consents is stored in your browser. These data are not shared with the provider of Borlabs cookie.

The collected data will be stored until you request us to delete it or delete the Borlabs cookie yourself, or until the purpose for storing the data no longer applies. Mandatory statutory storage obligations remain unaffected. Details on the data processing of Borlabs Cookie can be found at https://borlabs.io/kb/what-information-does-borlabs-cookie-store/.

The use of Borlabs cookie consent-technology takes place in order to obtain the legally required consents for the use of cookies. The legal basis for this is Article 6 (1) 1 c) DSGVO.

ANALYSIS TOOLS – IONOS WebAnalytics

This website uses the analysis services of IONOS WebAnalytics (hereinafter: IONOS). The provider of which is 1&1 IONOS SE, Elgendorfer Strasse 57, 56410 Montabaur, Germany. As part of the analyses with IONOS, amongst others, visitor numbers and behavior (e.g., number of page views, duration of a website visit, bounce rates), visitor sources (i.e., from which page the visitor comes), visitor locations and technical data (browser and operating system versions) can be analyzed. For this purpose, IONOS stores the following data in particular:

referrer (previously visited website)
requested website or file
browser type and version
operating system used
device type used
time of access
IP address in anonymized form (used only to determine the location of access)

According to IONOS, the data collection is completely anonymized so that it cannot be traced back to individual persons. IONOS WebAnalytics does not store cookies.

The storage and analysis of the data is based on Article 6 (1) 1 f) GDPR. The website operator has a legitimate interest in the statistical analysis of user behavior in order to optimize both, its web offer and its advertising. If a corresponding consent was requested, the processing is based exclusively on Article 6 (1) 1 a) GDPR; the consent can be withdrawn at any time.

For more information on data collection and processing by IONOS WebAnalytics, please refer to the IONOS privacy policy at the following link:

https://www.ionos.de/terms-gtc/index.php?id=6

PROCESSING

We concluded a data processing agreement with IONOS. Said agreement is intended to ensure data protection-compliant handling of your personal data by IONOS.

GOOGLE MAPS

This site uses the map service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission. If Google Maps is activated, Google may use Google Web Fonts for the purpose of uniform display of fonts. When accessing Google Maps, your browser loads the required Web Fonts into its browser cache in order to display texts and fonts correctly.

The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This represents a legitimate interest within the meaning of Article 6 (1) f) GDPR. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Article 6 (1) a) GDPR; such consent can be withdrawn at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here:

https://privacy.google.com/businesses/gdprcontrollerterms/ and

https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

More information on the handling of user data can be found in Google’s privacy policy: https://policies.google.com/privacy?hl=en.

PLUGINS and TOOLS

Google Web Fonts (local hosting)

This site uses so-called Web Fonts provided by Google for the uniform display of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.

For further information about Google Web Fonts, see

https://developers.google.com/fonts/faq

and in Google’s privacy policy: https://policies.google.com/privacy?hl=en.

CONTACT FORM

If you send us inquiries via the contact form, your data from the inquiry form, including the contact data you provided there and the time of your contact, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on these data without your consent.

The processing of these data is based on Article 6 (1) 1 b) GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Article 6 (1) 1 f) GDPR) or on your consent (Article 6 (1) 1 a) GDPR) if such consent was requested.

The data you enter in the contact form will remain with us until you request us to delete it, withdraw your consent to store it, or the purpose for storing the data no longer applies (e.g., after we have completed processing your request). Mandatory legal provisions – in particular storage periods – remain unaffected.

If you contact us by e-mail, we assume – unless you indicate otherwise – that we may also reply to you by e-mail.

REQUEST BY E-MAIL, PHONE OR FACSIMILE

If you contact us by e-mail, telephone or facsimile, your inquiry including all resulting personal data (name, address, e-mail address, telephone or fax number, etc.) and the time of your contact will be stored and processed by us for the purpose of processing your request. We will not pass on these data without your consent.

The processing of these data is based on Article 6 (1) b) GDPR, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of requests addressed to us (Article 6 (1) f) GDPR) or based on your consent (Article 6 (1) a) GDPR) if such consent has been requested.

The data you send to us via contact requests will remain with us until you request us to delete it, withdraw your consent to store it, or the purpose for storing the data no longer applies (e.g., after we have completed processing your request). Mandatory legal provisions – in particular statutory storage obligations – remain unaffected.

If you contact us by e-mail, we assume – unless you indicate otherwise – that we may also reply to you by e-mail.

HANDLING OF APPLICANT DATA

We offer you the opportunity to apply for a job with us (e.g., by e-mail, by post or via online application form). In the following, we inform you about the scope, purpose and use of your personal data collected as part of the application process. We assure you that the collection, processing and use of your data will be carried out in accordance with applicable data protection laws and all other statutory provisions and that your data will be treated in strict confidence.

SCOPE AND PURPOSES OF DATA COLLECTION

If you send us an application, we will process your associated personal data (e.g., contact and communication data, application documents, notes in the context of job interviews, etc.) as well as the time of your contact, insofar as this is necessary for the decision on the establishment of an employment relationship. The legal basis for this is Section 26 of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) (initiation of an employment relationship), Article 6 (1) 1 b) GDPR (general contract initiation) and – if you gave your consent – Article 6 (1) 1 a) GDPR. The consent can be withdrawn at any time. Your personal data will only be passed on within our company to persons who are involved in processing your application.

If the application is successful, the data submitted by you will be stored in our data processing systems on the basis of Section 26 BDSG and Article 6 (1) 1 b) GDPR for the purpose of implementing the employment relationship.

RETENTION PERIOD OF THE DATA

If we are unable to make you a job offer, if you reject a job offer, or if you withdraw your application, we reserve the right to retain the data provided by you on the basis of our legitimate interests (Article 6 (1) 1 f) GDPR) for up to six months from the end of the application process (rejection or withdrawal of the application). The data will then be deleted and the physical application documents destroyed. This retention serves in particular as evidence in the event of a legal dispute. If it is apparent that the data will be required after the six-month period has expired (e.g., due to an impending or pending legal dispute), the data will not be deleted until the purpose for continued storage no longer applies.

A longer storage can also take place if you gave a corresponding consent (Article 6 (1) 1 a) GDPR) or if statutory storage obligations oppose the deletion.

LINKS

By clicking on a link, you leave our website. Third-party websites may place their own cookies on your end device or collect, store and use personal data. We have no influence on this. In this respect, the data protection provisions of the respective website apply. When visiting third-party websites, you should therefore inform yourself about the respective privacy policy applicable there.

DATA SECURITY

Personal data is protected by us by means of suitable technical and organizational measures in order to ensure an appropriate level of protection and to safeguard the personal rights of the persons concerned. The measures taken serve, amongst others, to prevent unauthorized access to the technical equipment used by us as well as to protect personal data from unauthorized knowledge by third parties. In particular, this website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential contents, such as the contact requests you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” as well as by the lock symbol appearing in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Nevertheless, we point out that data transmission over the internet (e.g., communication by e-mail) may contain security gaps. In this respect, a complete protection of the data against access by third parties is not possible.

YOUR RIGHTS

You have the following rights in connection with our processing of your data:

Right of Access according to Article 15 GDPR concerning the processing of your personal data by us to the purposes of processing, categories of processed data, recipients or categories of recipients, period of storage or criteria concerning the determination of such period, right to rectification, erasure, restriction of processing or right to object the processing, right to lodge a complaint with a supervisory authority, right to obtain information about the origin of the data, if applicable, and the existence of automated decision-making including profiling, and, if applicable, information on the safeguards according to Article 46 GDPR in the event of transmission to a third country or to international organizations;
Right to immediate Rectification of incorrect personal data or to immediate completion of incomplete personal data according to Article 16 GDPR;
Right to Erasure of stored personal data according to Article 17 GDPR if the data are no longer necessary for the purposes for which they were collected or otherwise processed; if a consent given by a data subject is withdrawn and there is no longer any legal ground for processing; if the data subject has objected to the processing and the data may, according to Article 21 (1) or (2) GDPR, no longer be processed; if the data have been unlawfully processed; if the personal data have to be erased for compliance with a legal obligation; or if the data were collected in relation to the offer of information society services referred to in Article 8 (1) GDPR. This does not apply if the processing is necessary for the exercising of the right of freedom of expression and information, compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
Right to Restriction of Processing according to Article 18 GDPR if you contest the accuracy of the data (namely for the period required for verifying the accuracy of the personal data); if the processing is unlawful but you oppose to erasure of the data and, instead, request a restriction of their use; if we are no longer in need of the data for processing purposes but you need the data for the assertion, exercise or defense of legal claims; or if you have lodged an objection against processing according to Article 21 (1) GDPR as long as it has not been clarified whether our legitimate interests override those of you;
Right to Object the Processing of your Personal Data according to Article 21 (2) GDPR (if the data are processed for direct marketing purposes) or according to Article 21 (1) GDPR (if the data are processed according to Article 6 (1) 1 e) or f) GDPR for reasons resulting from your particular situation, unless we have compelling legitimate grounds for the processing which override your interests, or unless the processing serves to assert, exercise or defend against legal claims). When the processing of your personal data was restricted, these data may – apart from the execution of storage – only be processed with your consent or in order to assert, exercise or defend against legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or of a Member State. Cf. also more detailed explanations below;
Right to Data Portability according to Article 20 GDPR that means the right to receive the personal data, made available to us, in a structured, commonly used and machine-readable format or the right to have those data transmitted to another controller;
Right to Withdraw your Consent at Any Time according to Article 7 (3) GDPR. As a result of such withdrawal, we will cease to process your data in the future as from the time of such withdrawal. See also more detailed explanations below;
Right to Lodge a Complaint with a Supervisory Authority according to Article 77 GDPR. For this purpose, you can contact the supervisory authority named under “Contact Details” above. The right of appeal applies irrespective of other legal remedies available under administrative law or before the courts.

WITHDRAWAL OF CONSENT

If you gave us your consent to the processing of personal data, you may withdraw this consent at any time. The withdrawal of a consent can only be valid for the future. The lawfulness of the processing is not retroactively eliminated by a withdrawal.

Please address your withdrawal to our Contact Details above or by e-mail to info@alp.de

RIGHT TO OBJECT TO THE COLLECTION OF DATA

An objection to the processing of personal data concerning you, based on Article 6 (1) 1 e) GDPR (data processing in the public interest) or f) (data processing for the protection of legitimate interests based on a balancing of interests) is possible at any time in accordance with Article 21 GDPR. This also applies to profiling based on the aforementioned legal bases. The respective legal basis on which processing is based can be found in this privacy policy. In the event of an objection, the personal data will no longer be processed unless compelling legitimate grounds for the processing are demonstrated which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, execution or defense of legal claims.

Please address your objection to our Contact Details above or by e-mail to info@alp.de

Status: September 2021