Data protection policy of Brinkmann.Weinkauf Rechtsanwälte Partnerschaft mbB (Brinkmann.Weinkauf law firm)
We, the Brinkmann.Weinkauf Rechtsanwälte Partnerschaft mbB, ensure when collecting your personal data that we collect only those personal data that are necessary to allow use of our website and for which you have given us your consent.
You have entrusted us with your personal data. We consider our duty to use this data only sparingly and transparently and to protect it as best we can.
I. Name and contact data of the controller and the company data protection officer
The controller is the
Brinkmann.Weinkauf Rechtsanwälte Partnerschaft mbB
Tel.: 0511 283 54 0
Fax: 0511 283 54 444
The company data protection officer of Brinkmann.Weinkauf Rechtsanwälte Partnerschaft mbB can be reached at the above address, attention Klaus-Jürgen Maltzahn, or at email@example.com.
II. General information on data processing
1. Scope of processing of personal data
As a matter of principle, we collect and use your personal data as visitors to our website only insofar as this is necessary for the provision of a functional website and its content and services. The collection and use of your personal data only takes place with your consent. An exception applies to cases in which prior consent cannot be obtained and in which the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain your consent for the processing of personal data, the legal basis is provided by Article 6, para 1 lit. a EU General Data Protection Regulation (GDPR).
When processing personal data necessary to fulfil a contract of which you are a party, the legal basis is provided by Article 6, para 1 lit b GDPR. This also applies to processing operations required to carry out pre-contractual actions.
Insofar as the processing of personal data is required to fulfil a legal obligation that is subject to our partnership, the legal basis is provided by Article 6, para 1 lit. c GDPR.
In the event that the processing of personal data is demanded in the vital interest of yourself as an affected person or any other natural person, the legal basis is provided by Article 6, para 1, lit. d GDPR.
If the processing is necessary to safeguard the legitimate interest of our partnership or a third party as well as your interests, and fundamental rights and fundamental freedoms do not outweigh that interest, the legal basis is provided by Article 6, para 1 lit. f GDPR.
3. Data deletion and storage duration
Your personal data shall be deleted or blocked as soon as the purpose of the storage no longer exists. In addition, such storage may be provided for by European or national legislators in EU regulations, laws or provisions to which we, as the controller, are subject. Blocking or deletion of the data also takes place when the storage period prescribed by the standards referred to expires unless there is a need for further storage of the data in order to conclude a contract or for contract fulfilment.
III. Provision of the website and creation of log files
1. Description and scope of data processing
Every time our website is accessed our system automatically collects data and information from the computer system of the calling computer. The following information is collected without your intervention and stored until time of automated deletion:
- IP-address of the requesting computer (the IP addresses are stored anonymously, the last three digits are removed),
- date and time of access
- name and URL of the retrieved file,
- website from which access is made (referrer URL),
- the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The data is stored in the log files in our system. The storage of this data together with other personal data of the visit does not take place.
2. Legal basis for data processing
The legal basis for this temporary storage of data is Article 6 para 1 lit. f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to your computer. To do this, your IP address must remain stored for the duration of the session.
These purposes also justify our legitimate interest in data processing in accordance with Article 6 para 1 lit. f GDPR.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for the provision of our website, this is the case when the respective session is over.
5. Objection and removal options
The collection of data for the provision of our website and the storage of the data in log files is essential for the operation of the website. You therefore have no opportunity to raise objections.
IV. E-mail contact
1. Description and scope of data processing
It is possible on our website to make contact via the e-mail address provided. In this case the personal data transmitted with your e-mail will be stored.
Within this context, there is no disclosure of data to third parties. The data is used exclusively in order to conduct the conversion.
2. Legal basis for data processing
The legal basis for processing of the data, if there is consent, is Article 6 para 1 lit. a GDPR.
The legal basis for the processing of the data transmitted during the course of sending an e-mail is Article 6 para 1 lit. f GDPR. If the e-mail content has the purpose of concluding a contract, then the legal basis for the processing is Article 6 para 1 lit. b GDPR.
3. Purpose of data processing
In the case of contact by e-mail, this also provides the required legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent abuse of contact and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data sent by e-mail, this is the case when the respective conversation with the visitor has terminated. The conversation is terminated when it can be inferred from the circumstances that the relevant facts have been finally clarified.
The additional personal data collected during the sending process will be deleted by the latest after a period of seven days.
5. Objections and deletion possibilities
You have the opportunity to revoke your consent to the processing of your personal data at any time. If you contact us by e-mail, you may object to the storage of your personal data at any time. In such a case the conversation cannot be continued.
If you wish to revoke your consent to the processing of personal data, please send us an e-mail with the subject "revocation of data protection consent", to: firstname.lastname@example.org.
All personal data stored in the course of contacting will be deleted in this case.
V. Rights of persons concerned
If your personal data is processed you are a person concerned in the sense of the General Data Protection Regulations and you have the following rights with respect to us as the controller:
1. Right to information
You may request confirmation from us as to whether personal data concerning you is processed by us.
If such processing does take place you have the right to demand the following information from us:
a) the purpose for which the personal data are processed,
b) the categories of personal data that are processed
c) the recipients or categories of recipients to whom your personal data have been disclosed or are still being disclosed,
d) the intended duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage,
e) the existence of a right to rectification or deletion of your personal data, a right to restriction of processing by the controller, or a right to object to such processing,
f) the existence of a right of appeal to a supervisory authority,
g) all available information on the source of the data if the personal data is not collected from you as the data subject.
You have the right to request information about whether your personal information relates to a third country or international organisation. In this connection you may request to be informed of the appropriate guarantees in connection with the transfer.
2. Right to rectification
You have a right to rectification and/or completion if the personal data processed which affect you are incorrect or incomplete. We shall undertake such rectification without delay.
3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you object to the accuracy of your personal data for a period of time that enables us to verify the accuracy of your personal information,
(2) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
(3) we no longer need the personal data for the purposes of processing, but you need it to assert, exercise or defend your rights, or
(4) if you object to the processing and it is not yet clear whether the legitimate reasons on our part outweigh your reasons.
If the processing of your personal data has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the EU, or a member state.
If the restriction of the processing is in accordance with the conditions described above, you will be advised by us prior to the lifting of the restriction.
4. Right to deletion
a) Deletion obligation
You may demand from us that your personal data is deleted with immediate effect and we are required to delete that data immediately if any of the following is applicable:
i. Your personal data is no longer necessary for purposes for which they were collected or otherwise processed.
ii. You revoke your consent upon which the processing was based and there is no other legal basis for the processing.
iii. You object to the processing and there are no higher level legitimate grounds for the processing or you object to the processing.
iv. Your personal data were being processed unlawfully.
v. The deletion of your personal data is required to fulfil a legal obligation.
b) Information to third parties
If we have made your personal data public and we are obliged to delete said data we shall take appropriate measures including technical actions to inform the data controllers who are responsible for processing personal data that you as a person affected have demanded the deletion of all links to said personal data or the deletion of copies and replications of said personal data.
The right of deletion does not exist if the processing is necessary:
i. in order to exercise the right to freedom of expression and information;
ii. to fulfil a legal obligation to which we are subject or to perform a task in the public interest;
iii. for reasons of public interest in the field of public health; iv. to assert, exercise or defend legal claims.
5. Right to information
You have the right to rectify, delete or restrict the processing and we are obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing unless this proves to be impossible or involves an unreasonable amount of effort.
You have the right to be informed by us about such recipients.
6. Right to data portability
You have the right to receive personally identifiable information that you have provided in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another responsible person without hindrance by us insofar as:
a) the processing is based upon consent in accordance with Article 6 para 1 lit. a GDPR or Article 9 para 2 lit. a GDPR or a contract in accordance with Article 6 para 1 lit. b GDPR, and
b) the processing is done by automated means.
By exercising this right, you also have the right that your personal data is transmitted from us directly to another responsible person insofar as technically feasible. Freedoms and rights of other persons may not be affected by this.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority that has been delegated to us.
7. Right of objection
You have the right at any time for reasons due to your own personal circumstances to object against the processing of your personal data taking place in accordance with Article 6 para 1 lit. e or f GDPR.
We shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing which outweigh your interests, rights or freedoms or the processing is for the purpose of asserting, exercising or defending legal claims.
8. Right to revoke data protection consent declaration
You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of that consent until time of revocation.
9. Right to complain to a supervisory authority
Without prejudicing any other administrative or judicial remedy, you have the right to object to a supervisory authority, in particular in the member state of your residence, place of work or place of alleged infringement, if you believe that the processing of your personal data violates GDPR provisions.
The supervisory authority to which the complaint is submitted shall inform the complainant of the status and results of such complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.
VI. Disclosure of data
No transfer of your personal data to third parties for purposes other than those listed below shall take place.
We shall only share your personal data with third parties provided that:
a) you have given your explicit consent to such action in accordance with Article 6 para 1 line 1 lit. a GDPR,
b) the disclosure pursuant to Article 6 para 1 line 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 the non-disclosure of your data,
c) in the event the disclosure pursuant to Article 6 para 1 line 1 lit. c GDPR is a legal obligation, and
d) such action is permitted under law and is required in accordance with Article 6 para 1 line 1 lit. b GDPR for the conclusion of contractual relationships with you.
VII. Data security
During your visit to your website we shall us the standard SSL (Secure Socket Layer) method in conjunction with the highest level of encryption supported by your browser. In general, this is 256 bit encryption. If your browser does not support 256 bit encryption, we shall us 128 bit v3 technology instead. By checking the bottom status line of your browser, you can see whether a single page of our website is encrypted by the presence of a key or lock icon.
We shall also take appropriate technical and organisational security measures to protect your data against inadvertent or intentional manipulation, partial or total loss, destruction and against unauthorised access by third parties. Our security measures are subject to a process of continuous improvement in line with technological developments.