(As of 01/2021)
1. "Personal data"
Personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. "data subject"
A data subject is any identified or identifiable natural person, whose personal data is processed by the controller.
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
4. „Restriction of processing“
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
7. „Third party“
Third party means a natural or legal person, public authority, agency or body other than the data subject, Controller, processor and persons who, under the direct authority of the Controller or processor, are authorized to process personal data.
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
II. Controller and Data Protection Officer
Please address the Controller responsible for your personal data according to Art. 4 para. 7 GDPR or our Data Protection Officer in case of enquiries regarding to the processing of your personal data and in order to claim for your rights clarified under Sec. VI. and for claiming your right to object.
You may contact them by email, telephone, per post and/or by fax. The personal data transmitted here will be used to process your contact approach.
1. Contact details of the controller:
Henseler & Partner Rechtsanwälte mbB
Tel: +49 211 82 89 46 - 0
Fax: +49 211 82 89 46 - 20
2. Contact Details of the Controller’s Data Protection Officer
Dr. Martin Höner
Henseler & Partner Rechtsanwälte mbB
Tel: +49 211 82 89 46 - 0
III. Processing of personal data
By visiting our website our webservers will store information provided by your browser to us by default. This information will be stored in a Logfile. The following information will be stored in this context:
The data mentioned above are processed by us for the following purposes:
Additional, personal data will only be collected if agreed to or if you provide them to us of your own accord voluntarily e.g. in the course of a contact request under the above-mentioned contact options, for a job application or for the execution of a contract.
The personal data you provide will be used for purposes of contacting and/or for the execution of a closed or requested contract.
Your personal data will be erased if and when they are no longer necessary for the initial purposes. Personal data subject to legal storage times are excluded thereof.
IV. Legal Basis for the Processing of Personal Data
The processing of your personal data is based on the regulations of the GDPR.
If we obtain your consent to the processing of personal data, Art. 6 para. 1 lit. a) GDPR serves as legal basis for the processing.
Processing personal data which is required for the performance of a contract to which you are a party, Art. 6 para. 1 lit. b) GDPR serves as legal basis. This also applies for data processing which are required for the execution of precontractual measures, especially during the initiation of a contract and the job application process.
If and when the processing of personal data is required for the compliance of a legal obligation to which our company is subject to, Art. 6 para. 1 lit. c) GDPR serves as legal basis.
If the processing is required for the purposes of a legitimate interest of our company or a third party and if your interests, civil rights and basic freedoms are not overridden by the first mentioned interest, Art. 6 para. 1 lit. f) GDPR serves as the legal basis for the processing.
V. Transmission of your Personal Data
Your personal data will be transmitted to third parties only, if this transmission is based on a legal basis listed under Sec. IV.
Your personal data will not be transmitted to third parties for advertising purposes or to third countries that are located outside the European Economic Area.
VI. Data Subject Rights
In order to assert your data subject rights, please address the controller or our data protection officer via contact opportunities mentioned under Sec. II.
1. Right of Access
According to Art. 15 para. 1 GDPR you have the right to access information about your personal data processed by us. Upon request, we notify you in writing as promptly as possible which personal data about you is stored by us. In particular, you can access information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the envisaged retention period, the right to rectification, erasure, restriction of processing or to object, the existence of the right to lodge a complaint, the source of your data, if not collected by us, and the existence of automated decision-making, including profiling.
2. Right to Obtain a Copy
You have the right to request a free copy of all processed personal data concerning your person, according to Art. 15 para. 3 GDPR. Further copies may be reasonably charged. The right to obtain a copy shall not impair the rights of other persons. Commercial secrets and intellectual property rights of third persons may bar the right to obtain a copy.
3. Right to Rectification
According to Art. 16 GDPR you have the right to obtain the rectification of inaccurate personal data or to demand the completion of your personal data stored by us.
4. Right to Erasure
According to Art. 17 GDPR you have the right to obtain the erasure of your personal data stored by us, unless the processing is not required to exercise the right of freedom of expression and information, for reasons of public interest or for assertion, exertion or defense of legal claims.
5. Right to Restriction of Processing
According to Art. 18 GDPR you have the right to demand the restriction of the processing of your personal data, as far as the accuracy of the data is denied by you, the processing is unlawful, but you reject their deletion and we do no longer need the data, but are required by you to assert, exercise or defend legal claims or if you have objected to the processing pursuant to Art. 21 GDPR.
6. Right to Data Portability
According to Art. 20 GDPR, you have the right to receive your personal data provided to us in a structured, commonly used and machine-readable format or to request transmission to another Controller.
7. Right to withdraw the consent
In accordance with Art. 7 para. 3 GDPR, you have the right to withdraw your once given consent at any time. As a result, we are no longer allowed to continue the data processing based on this consent for the future.
8. Right to lodge a complaint with a supervisory authority
According to Art. 77 GDPR you have the right to lodge a complaint with a supervisory authority, if you consider, that the processing of your personal data infringes applicable provisions. You may contact the supervisory authority located at your usual place of residence or work or at the residence of our law firm.
VII. Right to Object
If the processing of your personal data is based on legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f. GDPR, you have the right to file an objection against 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 mailing. In the latter case, you have a general right to object, which will be implemented by us without specifying any particular situation.
In order to assert your right to object, please send an email to email@example.com
We implement technical and organizational security measures to protect your personal data processed by us against manipulation, loss, destruction and the access by unauthorized persons. Our security measures are continuously enhanced according to technological development. Internet- based data transfers may in principle show security gaps, though we can not guarantee absolute protection. Therefore, you are free to transmit your personal data by alternative means, e.g. telephonically or per post. Beyond that, our employees are obliged to confidentiality.
You may certainly use our website without cookies. Most browsers accept cookies automatically. You may prevent the filing of cookies on your computer by choosing the “no cookies” setting in your browser menu. Detailed information may be gathered from the instructions of your browser provider. Cookies already set on your computer can be deleted at any time. Switching off cookies may restrict your use of the website and/or delay or affect the way in which it operates.
X. Use of Google Maps
Full details can be found in Google’s Data Protection Regulations can be found →HERE
XI. Automated Individual Decision-Making
Should we use automated individual decision making –included profiling – according to Art. 22 para. 1 and 4 GDPR, you will be informed priorly about the logic as well as the consequences and about the intended effects of such processing on the data subject.
XII. Correctness and validity
In cases of doubt, the German version shall prevail.