Data Protection Policy
The data controller, i.e., the person responsible for processing your personal data is, BIRKENMAIER & OBSER Rechtsanwälte Partnerschaft mbB. Partner within the meaning of PartGG [German Partnership Companies Act]:
Dr. Markus Birkenmaier, Dr. Ralph Obser
Legal Basis for Data Processing
Consent (Art. 6 para. 1 a) GDPR)
for the performance of contracts (Art. 6 para. 1 b) GDPR)
on the basis of balancing of interests (Art. 6 para. 1 f) GDPR)
for compliance with a legal obligation (Art. 6 Para. 1 c) GDPR)
In connection with the processing of relevant data we will refer to the corresponding term, so that you can comprehend on which basis we will process personal data.
If personal data are processed on the basis of a consent given by you, you have the right to withdraw your consent at any time with future effect.
If we process data on the basis of a balancing of interests you have the right as data subject to object to the processing of your personal data, taking account of the requirements provided in Art. 21 GDPR.
When you access our website, personal data will be processed to enable us to display the content of the website on your end device.
To display the pages in your browser the IP address of the end device used by you must be processed. Further information about the browser of your end device is additionally processed.
We are obliged under data protection law to ensure the confidentiality and integrity of the personal data processed by our IT systems.
For this purpose and in this interest the following data are recorded based on the balancing of interests:
IP address of the accessing computer (for a maximum of 7 days)
Operating system of the accessing computer
Browser version of the accessing computer
Name of the file called up
Date and time of access
Data volume transmitted
The IP address will be deleted by all systems which are used in connection with the operation of this website at the latest after 7 days. We cannot allocate the remaining data to a person.
The data are further used to allow the detection and removal of errors on the website.
We use session cookies which will be automatically erased by your browser directly after visiting our website.
The cookies are used on the basis of a balancing of interests. Providing user-friendly access to our websites is in our interest.
Purpose of Processing Personal Data
Recipients / Transmission of Data
Data which you provide to us will in principle not be transmitted to third parties. In particular, your data will not be transmitted to third parties for their marketing purposes.
However, we may use service providers for the operation of this website or for other products and services provided by us. In this context, it is possible that a service provider gains knowledge of personal data. We choose our service providers carefully – in particular with regard to data protection and security – and take all measures required under data protection law to ensure lawful data processing.
Contact by Email
Our websites provide email addresses which can be used for establishing contact electronically. In this case, the personal data of the user transmitted with the email will be stored.
The legal basis for the processing of the data which are transmitted by sending an email is Art. 6 para. 1 f) GDPR. If the contact by email is intended to conclude a contract the processing of data is additionally based on Art. 6 para. 1 b) GDPR.
The tracking measures listed below and used by us are based on Art. 6 para. 1 f) GDPR. With the tracking measures to be used, we want to ensure a needs-based design and the continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as justified within the meaning of the aforementioned provision.
The respective data processing purposes and data categories can be found in the following tracking tool.
For the purpose of customizing and continually optimizing our pages, we use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; „Google“). In this context, pseudonymised usage profiles are created and cookies are used. The information generated by the cookie about your use of this website such as browser type / version, used operating system, referrer URL (the previously visited page), host name of the accessing computer (IP address), time of server request are transmitted to a Google server in the US and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and tailor-made website design. This information may also be transferred to third parties if required by law or if third parties process this data in the order. In no case will your IP address be merged with other data provided by Google. The IP addresses are anonymized, so that an assignment is not possible (IP masking).
You can prevent the installation of cookies by setting the browser software accordingly; however, we point out that in this case not all features of this website may be fully exploited.
In addition, you may prevent the collection of data generated by the cookie and your use of the website-related data (including your IP address) as well as the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent detection by Google Analytics by clicking on this link . An opt-out cookie will be set which prevents the future collection of your data when you visit our website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again. For more information about privacy related to Google Analytics, please see the Google Analytics Help Center (https://support.google.com/analytics/answer/6004245?hl=en).
Google Ads Conversion Tracking
Our web pages use Google conversion tracking. If you are directed to our website by an advert delivered by Google, Google Adwords adds a cookie to your computer. The cookie for conversion tracking is added when a user clicks on an advert delivered by Google. These cookies become invalid after 30 days and cannot be used for personal identification. If the user visits certain pages on our website and the cookie has not yet expired, we and Google can recognise that the user has clicked on the advert and been directed to this site. Every Google AdWords customer receives a different cookie. Cookies can therefore not be tracked via the websites of AdWords customers. The information collected with the help of the conversion cookie allows us to prepare conversion statistics for AdWords customers who have chosen conversion tracking. Customers know the total number of users who have clicked on their advertisement and been redirected to a page with a conversion tracking tag. But they do not receive any information by which users can be personally identified.
If you wish to stop tracking, you can prevent placement of the tracking cookie – for instance through a browser setting that deactivates the automatic placement of cookies in general, or you can set your browser to block cookies from the domain „googleadservices.com“.
Your Rights as Data Subject
Subject to the statutory requirements, the fulfilment of which must be assessed on a case-by-case basis, you have the following rights:
You have the right to obtain access to the personal data relating to you. You can contact us at any time and request access.
If the request for access is not made in writing, we ask for your understanding that we might ask you for proofs evidencing that you are the person who you claim to be.
Moreover, you have a right to obtain rectification or erasure or restriction of processing, if you are legally entitled.
Finally, you have the right to object to processing of data within the scope of the legal requirements.The same applies to a right to data portability: Within the scope of the legal requirements, you have the right, amongst others, to receive the personal data concerning you which you have provided to the controller in a legally defined format and the right to transmit these data to another controller.
To exercise the above rights, please contact our law firm’s partners mentioned above under “Controller”.
Erasure of Data
Right to Lodge a Complaint with a Supervisory Authority