Data Protection

To the information sheet data protection for clients

Information to be provided pursuant to Article 12 et. seq. GDPR

I. Identity and Address of Controller

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection regulations of the Member States as well as other data protection regulations is:

Kallies Götze
Partnership of lawyers
Kurfürstendamm 26a 
10719 Berlin
Telephone + 49 (0)30 2128012-0 
Fax: +49 (0)30 2128012-11
info@kallies-goetze.de

II. Identity and Address of Data Protection Officer

The controller’s data protection officer can be contacted at the address of the controller and via e-mail addressed to:

datenschutz@kallies-goetze.de

III. General Information on Data Processing

1. Scope of processing personal data:

As a matter of principle, we only process the personal data of our users insofar as this is necessary for the provision of a functional website as well as our content and services. We will only process the personal data of our users after obtaining the consent of the user, for the fulfilment and performance of a contractual relationship or if processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party. An exception applies in cases where obtaining prior consent is not possible for actual reasons and processing of the data is permitted by legal regulations.

2. Purpose and legal basis for processing personal data:

Personal data will be processed for the purpose of providing the website of the controller or for a purpose that is explicitly described below.

Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 (1) lit. a) of the General Data Protection Regulation (GDPR) serves as the legal basis, e.g. in the context of processing data contained in the contact form.

When processing personal data that is necessary for the performance of a contract to which the data subject is party, Article 6 (1) lit. b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for taking steps prior to entering into a contract.

Insofar as the processing of personal data is necessary for compliance with a legal obligation to which our enterprise is subject, Art. 6 para. 1 lit. c) GDPR serves as the legal basis.

If data processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party and such interests are not overridden by the interests, fundamental rights and freedoms of the data subject, Art. 6 (1) lit. f) GDPR serves as the legal basis for such processing.

3. Data erasure and processing time:

The personal data of the data subject shall be erased or made unavailable as soon as the purpose of the processing no longer applies. Processing may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data shall also be made unavailable or erased if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or performance of a contract.

IV. Provision of the Website and Creation of Log Files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

In the process, the following data is collected:

  1. Information about the browser type and version used
  2. The operating system of the user
  3. The user’s internet service provider
  4. The anonymised IP address of the user
  5. Date and time of access
  6. Websites from which the user’s system accesses our website
  7. Websites that are accessed by the user’s system via our website

 

The log files do not contain any identifiable IP addresses (only anonymised) or other data that allow identification of the user. The data is also processed in the log files of our system. This does not include the user’s IP addresses or other data that enable the data to be referenced to a user. This data is not processed together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f) GDPR.

3. Purpose of data processing

The temporary processing of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must be processed for the duration of the session.

Data is processed in the log files to ensure the functionality of the website. In addition, we use the data to optimise our website and to ensure the security of our information technology systems. There will be no data analysis for marketing purposes in this context.

These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 (1) lit. f) GDPR.

4. Duration of data processing / storage

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In case of a collection of data for the provision of our website, this is the case when the respective session has ended.

V. Contact Form and E-mail Contact

1. Description and scope of data processing

Our website contains a contact form that can be used for contacting us electronically. If a user makes use of this option, the data entered in the input mask is transmitted to us and stored. This data includes:

  • Name
  • Company
  • E-mail address
  • Other information within the scope of the enquiry

 

The following data is also stored at the time the message is sent:

  • The anonymised IP address of the user
  • Date and time of registration

 

For the purpose of processing your data, your consent is obtained during the sending process and reference is made to this privacy policy.

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted together with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data will be processed exclusively for the purpose of processing the conversation and answering your enquiry.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 (1) lit. a) GDPR if the user has given his or her consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. a) or f) GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for such processing is Art. 6 (1) lit. b GDPR.

3. Purpose of data processing

Personal data from the input mask is processed solely to respond to you making contact. In case of contact by e-mail, a response to your enquiry also constitutes the necessary legitimate interest in processing your data.

Any other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Storage duration

Your data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data contained in the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is deemed to have ended when the circumstances indicate that the matter in question has been settled conclusively. Should a contractual relationship arise, the data will be processed within the framework of the contractual relationship and erased after termination of the contractual relationship unless there are legal obligations to retain this data for a prescribed period of time, e.g. obligations to preserve records to which the controller is subject.

5. Possibility of Objection and Removal

The user may revoke his consent to the processing of his or her personal data at any time. If the user contacts us by e-mail, he or she can revoke his or her consent at any time without stating the reasons and object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.

The revocation of consent and the objection to storage can be sent to our e-mail address datenschutz@kallies-goetze.de.

In this case, all personal data stored in the course of contacting us will be erased unless the controller is subject to any obligations to preserve records.

VI. Rights of the Data Subject

If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller, which you can assert at any time in writing or by other means vis-à-vis the controller. Data subjects have the following rights:

1. Right of access pursuant to Art. 15 GDPR

You may request confirmation from the controller as to whether or not personal data concerning you is being processed.

Where that is the case, you can request information from the controller as to which data are being processed, in what form, for what purpose and how your data is processed.

You have the right to request information as to whether or not personal data concerning 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 GDPR relating to the transfer.

2. Right to rectification pursuant to Art. 16 GDPR

You have the right to obtain from the controller without undue delay the rectification and/or completion of inaccurate personal data concerning you.

3. Right to restriction of processing pursuant to Art. 18 GDPR

You have the right to obtain from the controller restriction of processing at any time if one of the following applies:

  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. the processing is unlawful and you oppose the erasure of personal data and request the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or
  4. if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.

 

Where the processing of your personal data has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s 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 has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction of processing is lifted.

4. Right to erasure pursuant to Art. 17 GDPR

You have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the grounds pursuant to Art. 17 (1) GDPR applies and the processing is not necessary pursuant to Art. 17 (3).

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

5. Right to data portability pursuant to Art. 20 GDPR

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and 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 Art. 6 (1) lit. a) GDPR or Art. 9 (2) lit. a) GDPR or on a contract pursuant to Art. 6 (1) lit. b) GDPR; and
  2. the processing is carried out by automated means.

 

In exercising this right, you also have the right to have your 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 to data portability shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

6. Right to object pursuant to Art. 21 GDPR

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

The controller shall no longer process your 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.

7. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. Such revocation of consent shall not affect the lawfulness of any processing carried out on the basis of your consent until the time of revocation.

8. Right to complain to a supervisory authority

Without 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 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 competent authority for the controller is the Berlin data protection authority.

The supervisory authority with whom the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.