Privacy Policy

 

I. Data protection at ELC

Data protection is of outstanding importance at ELC. Please find below under Item II. the Data Policy for the operation of our website www.elc-law.de. Subsequent to that, you will find information about our data processing at ELC Rechtsanwälte, e.g. pertaining to a client relationship.

II. ELC Rechtsanwälte privacy policy for the website www.elc-law.de

The use of our website is possible without providing personal data. Deviating regulations, which are explained separately below in this case, may apply when using individual services of our website. Your personal data (e.g. name, address, e-mail, telephone number and the like) will be processed by us only in accordance with the provisions of the German data protection law. Data is considered as personal data if it can be assigned unambiguously to a particular natural individual. The legal bases of data protection are laid down in the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The regulations below will inform you about the type, scope and purpose of the data collection as well as the use and processing of personal data by the provider.

1. Name and contact details of the controller

ELC Rechtsanwälte Dunkel Krämer Schällig Partnerschaft mbB
Christoph Dunkel
Dr. Martin Krämer
Dr. Hagen Schällig

Heinrich-von-Stephan-Str. 5
D- 79100 Freiburg i. Br.

T: +49 -(0)761- 45 62 62 7- 0
F: +49 -(0)761- 45 62 62 7- 11
info@elc-law.de
www.elc-law.de

2. Collection and storage of personal data as well as type and purpose of their use

a) When accessing the website

When accessing our website www.elc-law.de the browser used on our terminal device will automatically send information to the server of our website. This information will be temporarily stored in a so-called log file.

In the process, the following information will be collected without any action on your part and will be stored until it is automatically deleted:

  • IP address of the computer making the request,
  • date and time of access,
  • name and URL of the viewed file,
  • website from which access was made (referrer URL),
  • browser used and possibly the operating system of your computer as well as the name of the access provider.

The data stated is processed by us for the following purposes:

  • to guarantee a prompt connection to our website,
  • to guarantee convenient use of our website,
  • to evaluate the system security and stability and
  • for further administrative purposes.

The legal basis for the processing of data is Art. 6 paragraph 1 page 1 lit. f GDPR. Our legitimate interest follows from the purposes of data collection listed above. We will in no way use the collected data for the purpose of drawing conclusions about your identity. In addition, we use cookies and analysis services when our website is accessed. For more details refer to items 4 and 5 of this Privacy Policy.

b) Means of contact

We offer you means of contacting us in the event of any kind of enquiry. Should you contact us, the data you provide us with will be used to process and respond to your enquiry. It is necessary for you to state the data for us to process and respond to your enquiry. Without providing this data, we can either not respond to your enquiry or, at best, only to a limited extent.

The data provided for the purpose of contacting us is processed in accordance with Art. 6 paragraph 1 page 1 lit. a GDPR on the basis of the consent you have voluntarily provided us with.

The personal data we collect for the enquiry is automatically deleted after the enquiry you have submitted has been dealt with.

3. Disclosure of data

Your personal data will not be transmitted to third parties for purposes other than those stated below.

We will disclose your personal data to third parties only if:

  • you have given your explicit consent for this pursuant to Art. 6 paragraph 1 page 1 lit. a GDPR,
  • the disclosure is required pursuant to Art. 6 paragraph 1 page 1 lit f GDPR to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding and legitimate interest in the non-disclosure of your data.
  • the disclosure pursuant to Art. 6 paragraph 1 page 1 lit. c GDPR is subject to a statutory obligation and
  • this is legally permissible and necessary for the settlement of contractual relations pursuant to Art. 6 paragraph 1 page 1 lit. c GDPR. .

4. Cookies

We use cookies on our website. Cookies are small files that your browser automatically creates and that are stored on your terminal device (laptop, tablet, smart phone or the like) when you visit our website. Cookies do not cause any damage to your terminal device and contain no viruses, trojans or other malware.

The cookie stores information arising in connection with the specific terminal device used. However, this does not mean that we directly gain knowledge about your identity.
On the one hand, cookies are used for the purpose of making the use of our offerings more attractive to you. That is why we use so-called session cookies to recognise that you have already visited individual pages of our website. These cookies are deleted automatically after you leave your website.

To optimise the user friendliness, we additionally also use temporary cookies that are stored on your terminal device for a certain defined period. If you revisit our website to use our services, the cookie automatically recognises that you have been on our website before, what information you entered and what settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it in order to optimise our offerings for you (see item 5). If you revisit our website, these cookies enable us to automatically recognise that you have already been on our website. These cookies are deleted automatically after a defined period of time.

The data processed by cookies is required for maintaining our legitimate interests and the interests of third parties in accordance with Art. 6 paragraph 1 page 1 lit. f GDPR.

Most browsers accept cookies automatically. You can, however, configure your browser such that no cookies are stored on your computer or such that a message always appears before a new cookie is stored. However, a complete deactivation of cookies can lead to you not being able to use all functions of our website.

5. Analysis tools

a) Tracking tools

The tracking measures listed below that are used by us are implemented on the basis of Art. 6 paragraph 1 page 1 lit. f GDPR. With the tracking measures used, we want to ensure a demand-oriented design and continuous optimisation of our website. On the other hand, we use tracking measures to statistically record the use of our website and to evaluate it in order to optimise our offerings for you. These interests are to be regarded as legitimate within the meaning of the above-mentioned regulation.

The respective data processing purposes and data categories can be found in the relevant tracking tools.

b) Google Analytics

For the purpose of demand-oriented design and continuous optimisation of our websites, we use Google Analytics, a web analysis service of Google Inc. (https://www.google.de/intl/de/about/) (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland; hereinafter “Google”). In this connection pseudonymised user profiles are created and cookies are used (see item 4). The information generated by cookies about our use of this website such as

  • browser type / version,
  • operating system used,
  • referrer URL (previously visited website),
  • host name of the accessing computer (IP address),
  • time of server enquiry ,

will be transferred to a Google server and stored there. The information is used to evaluate the use of the website , to compile reports about the website activities and to render further services in connection with the use of the website and the use of the Internet for market research purposes and for the demand-oriented design of this website. This information may also be transferred to third parties if legally required or if third parties process this data on behalf of Google. Under no circumstances will your IP address be associated with any other data held by Google. The IP addresses are anonymised so that no allocation is possible (IP masking).

You can prevent the installation of the cookies by setting your browser software accordingly; we point out, however, that in this case, not all functions of this website can be used to the full.

You can prevent the collection of the data generated by the cookie and related to your usage of the website (incl. your IP address) as well as the processing of this data by Google by downloading and installing the browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).

Alternatively to the browser add-on, in particular for browsers on mobile terminal devices, you can prevent the collection of data by Google Analytics by clicking on this link. An opt-out cookie, which prevents the future collection of your data when visiting this website, will be set. The opt-out cookie only applies to this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you have to set the opt-out cookie again.

More information on data protection in connection with Google Analytics con be found in Google Analytics Support (https://support.google.com/analytics/answer/6004245?hl=de).

6. Integration of Google Maps

We make use of Google Maps on this website. This enables us to show you interactive maps on the website and enables you to conveniently use the map function.

When visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data stated under Item 1 of this policy is transferred. This takes place irrespective of whether Google provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data is directly assigned to your account. If you do not wish it to be assigned to your Google profile, you will have to log out prior to activating the button. Google stores your data as user profiles and uses it for the purpose of advertising, market research and/or the design of their website tailored to meet market needs. Such an analysis takes place in particular (even for users that are not logged in) for the provision of advertising tailored to meet market needs and to inform other users of the social network about your activities on our website. You have the right to object to the setup of these user profiles, whereby you will have to turn to Google to assert this right.

You can obtain further information about the purpose and extent of data collection and the processing thereof by the plug-in provider in the provider’s Data Protection Policies. You will also obtain further information there about your rights and setting options in this respect to protect your privacy here: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has subjected themselves to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

7. Rights of the data subject

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 the personal data, the categories of recipients to whom your data was or will be disclosed, the planned duration of storage, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a right of complaint, the origin of your data, if it was not collected by us, as well as the existence of an automated decision-making process including profiling and, as the case may be, meaningful information on the details thereof
  • to request the immediate correction of incorrect information or completion of your personal data stored by us in accordance with Art. 16 GDPR;
  • to request the deletion of your personal data stored by us in accordance with Art. 15 GDPR insofar as processing is not required in order to exercise the right of freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • to request the restriction of the processing of your personal data in accordance with Art. 18 GDPR insofar as you challenge the correctness of the data, processing is unlawful, but you object to the deletion thereof and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR; to request to receive your personal data you have made available to us in a structured, common and machine-readable format or to request transmission to another responsible body in accordance with Art. 20 GDPR;
  • to revoke the consent you have previously given to us in accordance with Art. 7 paragraph 3 GDPR. A result of this is that, in the future, we are not allowed to continue the processing of the data that was based on this consent.
  • to complain to a supervisory authority in accordance with Art. 77 GDPR. As a general rule, you can resort to a supervisory authority at your usual residence or workplace or our place of business.

8. Right of objection

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 paragraph 1 page 1 lit. f GDPR, you have the right pursuant to Art. 21 GDPR to object to the processing of your personal data if there are reasons arising from your situation or the objection is directed towards direct advertising. In the latter case you have a general right of objection, which will be implemented by us without you stating a specific situation. If you would like to make use of your right of revocation or objection, it is sufficient to send an e-mail to info@elc-law.de.

9. Up-do-datedness of and changes to this Privacy Policy

This Privacy Policy is currently valid and was last updated in January 2019.

Due to the further development of our website and offerings available there or due to changed legal or regulatory provisions, it may become necessary to change this Privacy Policy. The applicable Privacy Policy can be viewed on our website at http://www.elc-law.de/datenschutz and printed at any time.

III. Information about data processing at ELC Rechtsanwälte

The following data protection information shall apply for the collection of data by ELC Rechtsanwälte Dunkel Krämer Schällig Partnerschaft mbB, in particular when collecting personal data in connection with a client relationship.

1. Name and contact details of the person responsible for processing as well as of the company data protection officer

This data protection information applies to the processing of data by:

ELC Rechtsanwälte Dunkel Krämer Schällig Partnerschaft mbB
Christoph Dunkel
Dr Martin Krämer
Dr Hagen Schällig

Heinrich von Stephan Str. 5
D-79100 Freiburg i.Br.

T: + 49 (0)761/4562627-0
F: + 49 (0)761/4562627-11
info@elc-law.de
www.elc-law.de

2. Collection and storage of personal data as well as means and purpose and use thereof

If you engage us, we shall collect the follow information:

  • Salutation, first name, last name,
  • A valid e-mail address,
  • Address,
  • Telephone number (landline and/or mobile),
  • Information necessary for the assertion and defence of your rights in the scope of the retainer.

Data is collected,

  • to be able to identify you as our client;
  • to be able to give you appropriate legal advice and represent you;
  • to correspond with you;
  • to invoice you;
  • to handle any existing liability claims as well as the assertion of such claims against you.

Data is processed as a result of your enquiry and is necessary as per Section 6 Subsection 1 Sentence 1 lit b GDPR for the purposes stated for the appropriate handling of the retainer and for the reciprocal fulfilment of obligations from the retainer agreement.

The personal data we collect for retaining us is stored until the end of the statutory obligation for lawyers to store records (6 years after the end of the calendar year the retainer was terminated) and is then deleted, unless we are obliged to store it for longer as per Section 6 Subsection 1 Sentence 1 lit c GDPR on the basis of storage and documentation obligations under taxation and commercial law (as per the German Commercial Code, German Taxation Act or German Fiscal Code) or if you have consented to storage going beyond that as per Section 6 Subsection 1 Sentence 1 lit a GDPR.

3. Disclosure of data to third parties

Your personal data shall not be disclosed to third parties for any purpose other than for those stated in the following.

Your personal data will be disclosed to third parties to the extent necessary for the handling of client relations with you as per Section 6 Subsection 1 Sentence 1 lit. b GDPR. This includes, in particular, the disclosure to respondents and their representatives (especially their lawyers) as well as courts and other public authorities for the purpose of correspondence as well as to assert and defend your rights. The disclosed data may only be used by the third party solely for the purposes stated.

The client-lawyer privilege shall remain unaffected. To the extent data that is subject to client-lawyer privilege is involved, it shall only be disclosed to third parties after consultation with you.

4. Rights of the data subject

You have the right:

  • to revoke the consent you have previously given to us in accordance with Art. 7 paragraph 3 GDPR. A result of this is that, in the future, we are not allowed to continue the processing of the data that was based on this consent;
  • 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 the personal data, the categories of recipients to whom your data was or will be disclosed, the planned duration of storage, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a right of complaint, the origin of your data, if it was not collected by us, as well as the existence of an automated decision-making process including profiling and, as the case may be, meaningful information on the details thereof;
  • to request the immediate correction of incorrect information or completion of your personal data stored by us in accordance with Art. 16 GDPR;
  • to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR insofar as processing is not required in order to exercise the right of freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • to request the restriction of the processing of your personal data in accordance with Art. 18 GDPR insofar as you challenge the correctness of the data, processing is unlawful, but you object to the deletion thereof and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
  • to request to receive your personal data you have made available to us in a structured, common and machine-readable format or to request transmission to another responsible body in accordance with Art. 20 GDPR and
  • to complain to a supervisory authority in accordance with Art. 77 GDPR. As a general rule, you can resort to a supervisory authority at your usual residence or workplace or our place of business.

5. Right of objection

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 paragraph 1 page 1 lit. f GDPR, you have the right pursuant to Art. 21 GDPR to object to the processing of your personal data if there are reasons arising from your situation or the objection is directed towards direct advertising. In the latter case you have a general right of objection, which will be implemented by us without you stating a specific situation.

If you would like to make use of your right of revocation or objection, it is sufficient to send an e-mail to info@elc-law.de.

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