Data Privacy
Name and contact of the person responsible in accordance with Article 4 (7) GDPR
Company: WEIK Rechtsanwälte
Anschrift: Stallburggasse 4/8
Telefon: +43 1 8903689
E-Mail: office@weik-rechtsanwalt.at
Dr. Robert Weik
Security and protection of your personal data
We consider it our primary task to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. That is why we apply extreme care and the latest security standards to ensure maximum protection of your personal data. As a private company with customers in the European Union, we are subject to the provisions of the European General Data Protection Regulation (GDPR). We have taken technical and organizational measures to ensure that the regulations on data protection are observed by both us and our external service providers.
Definitions
Legislators require personal data to be processed lawfully, in good faith and in a manner that is understandable to the data subject ("lawfulness, good faith processing, transparency"). To ensure this, we inform you about the individual legal definitions that are also used in this data protection declaration:
1. Personal data
"Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); An identifiable person is a natural person who can be identified directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics, the expression of the physical , physiological, genetic, psychological, economic, cultural or social identity of this natural person.
2. Processing
"Processing" is any process or series of processes carried out with or without the help of automated processes in connection with personal data such as the collection, recording, organization, organization, storage, adaptation or modification, reading, querying , the use, the disclosure by transmission, distribution or any other form of provision, comparison or linking, restriction, deletion or destruction.
3. Restriction of processing
"Restriction of processing" is the marking of stored personal data with the aim of restricting their future processing.
4. Profiling
"Profiling" is any type of automated processing of personal data, which consists in the fact that this personal data is used to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, analyze or predict personal preferences, interests, reliability, behavior, location or change of location of this natural person.
5. Pseudonymization
"Pseudonymization" is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data Data cannot be assigned to an identified or identifiable natural person.
6. Filesystem
“File system” is any structured collection of personal data that is accessible according to certain criteria, regardless of whether this collection is managed centrally, decentrally or according to functional or geographical aspects.
7. Responsible
"Controller" is a natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data; If the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for naming them can be provided in accordance with Union law or the law of the Member States.
8. Processors
"Processor" is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible.
9. Receiver
"Recipient" is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation mandate under Union law or the law of the Member States are not considered recipients; The processing of this data by the aforementioned authorities is carried out in accordance with the applicable data protection regulations in accordance with the purposes of the processing.
10. Third party
"Third party" is a natural or legal person, public authority, agency or other body, apart from the data subject, the controller, the processor and the persons who are authorized to process the personal data under the direct responsibility of the controller or processor.
11. Consent
A “consent” of the data subject is any voluntary expression of will in the form of a declaration or other unambiguous confirmatory act for the specific case, in an informed manner and unequivocally, with which the data subject indicates that they are processing the data subject personal data agrees.
Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for processing can be in accordance with Article 6 (1)
lit. a - f GDPR in particular:
a.) The data subject has given their consent to the processing of their personal data for one or more specific purposes;
b.) the processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures that are carried out at the request of the data subject;
c.) processing is necessary to fulfill a legal obligation to which the controller is subject;
d.) the processing is necessary to protect the vital interests of the data subject or another natural person;
e.) processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been assigned to the person responsible;
f.) Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject that require the protection of personal data outweigh them, especially if the data subject is concerned a child acts.
Information about the collection of personal data
(1) In the following we inform about the collection of personal data when using our website. Personal data are e.g. B. Name, address, email addresses, user behavior.
(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, your name and telephone number, if applicable) will be saved by us in order to answer your questions.
Collection of personal data when visiting our website
If you only use the website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you would like to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR):
- IP Address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status / HTTP status code
- amount of data transferred in each case
- Website from which the request comes
- Browser
- Operating system and its surface
- Language and version of the browser software.
Use of cookies
(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you are using and through which certain information flows to the location that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and functionality of which are explained below:
- Transient cookies (see a.)
- Persistent cookies (see b.).
a.) Transient cookies are automatically deleted when you close the browser. This includes session cookies in particular. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This enables your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
b.) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
c.) You can configure your browser settings according to your wishes and
e.g. B. refuse to accept third-party cookies or all cookies. So-called. “Third party cookies” are cookies that have been set by a third party, and consequently not by the actual website on which you are currently located. We would like to point out that by deactivating cookies you may not be able to use all functions of this website.
d.) We also give our users the option to choose which cookies they want to allow. Some of the cookies are used for security or are necessary for the operation of our online offer (e.g., for the presentation of the website) or to save the user decision when confirming the cookie banner, thus enabling the decision for or against certain cookies in the first place . In addition, we or our technology partners use cookies for range measurement and marketing purposes, about which users are informed in the course of the data protection declaration. Our users can use it for marketing purposes in the cookie banner (contradict query when opening the website for the first time).
e.) A general objection to the use of cookies used for online marketing purposes can be found on a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU side http://www.youronlinechoices.com/ be explained. Furthermore, cookies can be saved by switching them off in the browser settings. Please note that not all functions of this online offer can then be used.
f.) If the users do not want cookies to be stored for advertising purposes, then they can specify these preferences in a popup when the website is opened. This means that advertising-relevant cookies are no longer used.
g.) If users generally do not want any cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Other functions and offers on our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do this, you usually have to provide further personal data that we use to provide the respective service and for which the aforementioned data processing principles apply.
(2) We sometimes use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly checked.
(3) Furthermore, we can pass on your personal data to third parties if we offer campaign participation, competitions, contracts or similar services together with partners. You will receive more information on this when you provide your personal data or below in the description of the offer.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this in the description of the offer.
children
Our offer is aimed primarily at adults. Persons under the age of 18 should not transmit personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Withdrawal of consent
If the processing of the personal data is based on a given consent, you have the right to withdraw the consent at any time. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.
You can contact us at any time to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data concerning you. You can request confirmation at any time using the contact details above.
(3) Right to information
If personal data is processed, you can request information about this personal data and the following information at any time:
a.) the processing purposes;
b.) the categories of personal data that are processed;
c.) the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations;
d.) if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
e.) the existence of a right to correction or deletion of your personal data or restriction of processing by the person responsible or a right to object to this processing;
f.) the existence of a right to lodge a complaint with a supervisory authority;
g.) if the personal data is not collected from the data subject, all available information about the origin of the data;
h.) the existence of automated decision-making, including profiling, in accordance with Article 22 paragraphs 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
If personal data is transferred to a third country or to an international organization, you have the right to be informed about the appropriate guarantees in accordance with Article 46 GDPR in connection with the transfer. We provide a copy of the personal data that are the subject of the processing. For all other copies that you request as a data subject, we can charge a reasonable fee based on the administrative costs. If you submit the application electronically, the information must be provided in a common electronic format, unless you specify otherwise. The right to receive a copy in accordance with paragraph 3 must not affect the rights and freedoms of others.
(4) Right to rectification
You have the right to request us to correct any incorrect personal data concerning you immediately. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.
(5) Right to deletion ("Right to be forgotten")
You have the right to request that the person responsible delete your personal data immediately, and we are obliged to delete personal data immediately if one of the following reasons applies:
a.) The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b.) The data subject withdraws their consent on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) GDPR and there is no other legal basis for the processing.
c.) The data subject objects to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21 (2) GDPR.
d.) The personal data was processed unlawfully.
e.) The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.
f.) The personal data was collected in relation to information society services offered in accordance with Article 8 (1) GDPR.
If the person responsible has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall take appropriate measures, including technical measures, taking account of the available technology and the implementation costs, in order to ensure that those responsible for data processing who process the personal data to inform that a data subject has asked them to delete all links to this personal data or to copy or replicate this personal data.
The right to erasure ("right to be forgotten") does not exist insofar as processing is necessary:
- to exercise the right to freedom of expression and information;
- to fulfill a legal obligation that requires processing under the law of the Union or the Member States to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with Article 9 paragraph 2 letters h and i and Article 9 paragraph 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 paragraph 1 GDPR, insofar as the right mentioned in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of this processing, or
- to assert, exercise or defend legal claims.
(6) Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if one of the following conditions is met:
a.) the correctness of the personal data is contested by the data subject, for a period that enables the controller to check the correctness of the personal data,
b.) the processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted;
c.) the controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims, or
d.) the data subject has objected to processing in accordance with Article 21 (1) GDPR, as long as it is not certain whether the legitimate reasons of the controller outweigh those of the data subject.
If processing has been restricted in accordance with the above conditions, this personal data - apart from its storage - will only be obtained with the consent of the data subject or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons processed an important public interest of the Union or a Member State.
In order to assert the right to restriction of processing, the data subject can contact us at any time using the contact details given above.
(7) Right to data portability
You have the right to receive the personal data relating to you that you have provided to us in a structured, common and machine-readable format, and you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data is provided were to be transmitted, provided that:
a.) the processing is based on consent in accordance with Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a or on a contract in accordance with Article 6 paragraph 1 letter b GDPR and
b.) Processing is carried out using automated processes.
When exercising the right to data portability in accordance with paragraph 1, you have the right to have the personal data transferred directly from one controller to another, insofar as this is technically feasible. Exercising the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing that is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible.
(8) Right to object
You have the right to object, at any time, to the processing of your personal data based on Article 6 (1) (e) or (f) GDPR for reasons arising from your particular situation; this also applies to profiling based on these provisions. The controller no longer processes the personal data unless he can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is connected to such direct advertising. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you can exercise your right to object in connection with the use of information society services using automated procedures that use technical specifications.
You have the right to object, for reasons arising from your particular situation, to the processing of your personal data relating to you, which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89 paragraph 1, unless the processing is necessary to fulfill a task in the public interest.
You can exercise your right to object at any time by contacting the person responsible.
(9) Automated decisions in individual cases including profiling
You have the right not to be subjected to a decision based solely on automated processing - including profiling - which has legal effect on you or similarly significantly affects you. This does not apply if the decision:
a.) is necessary for the conclusion or performance of a contract between the data subject and the person responsible,
(b) is permitted by Union or Member State law to which the controller is subject and which law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or
c.) with the express consent of the data subject.
The controller takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to have the person intervene, to state their own position and to contest the decision.
The data subject can exercise this right at any time by contacting the person responsible.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data violates this regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to lodge a complaint with a supervisory authority Article 77 GDPR gives you the right to an effective judicial remedy if you believe that your rights under this regulation have been violated as a result of processing your personal data that is not in accordance with this regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. By default, we use the "anonymize IP address" function. In this case, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and used if you expressly agree in the cookie banner that we may save cookies for marketing purposes. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website and internet use to the website operator.
(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
(3) You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by using the browser plug-in available under the following link. Download and install in: http://tools.google.com/dlpage/gaoptout?hl=de.
(4) This website uses Google Analytics with the extension "_anonymizeIp ()". As a result, IP addresses are processed in abbreviated form, so that they cannot be linked to a person. As far as the data collected about you is personal, it is immediately excluded and the personal data is deleted immediately.
(5) We use Google Analytics to analyze and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data are transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. Rechtsgrundlage für die Nutzung von Google Analytics ist Art. 6 Abs. 1 S. 1 lit. f DSGVO.
(6) Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions:
http://www.google.com/analytics/terms/de.html, Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, As well as the data protection declaration: http://www.google.de/intl/de/policies/privacy.
(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under "My data", "Personal data".
Processors
We use external service providers (processors) e.g. B. for the dispatch of goods, newsletters or payment transactions. A separate order data processing was concluded with the service provider to ensure the protection of your personal data.
Wir arbeiten mit folgenden Dienstleistern zusammen:
Address: Google Inc., 1600 Amphitheater Parkway, Mountain View, California 94043, USA
We use Google as a provider for our email mailboxes and for storing documents in the cloud. Google is under the EU-U.S. Privacy Shield Agreement certified and hereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). You can find Google's privacy policy here: https://policies.google.com/privacy
Domainfactory GmbH
Address: domainfactory GmbH, Oskar-Messter-Str. 33, 85737 Ismaning, Germany
We use Domainfactory to save our websites. The personal data is encrypted and cannot be viewed by Domainfactory.