Information according to the EU-General Data Protection Regulation (GDPR) and the Bundesdatenschutzgesetzes (BDSG):
We hereby inform you about the collection of personal data:
when using our website (see point 2. of this Privacy Policy),
in the context of application processes (see point 3. of this Privacy Policy) and
in the context of mutual communication (see point 4. of this Privacy Policy).
Personal data means any information relating to you personally. This includes, for instance, your name, your address, your e-mail address, your telephone number or, when visiting our website, your user behaviour, meta/communication data, etc.
1. Contact details of the controller:
AU VON POCHHAMMER Rechtsanwälte Partnerschaftsgesellschaft
Wilmersdorfer Straße 98/99
10629 Berlin
Phone: 030 – 31 49 39 0
Telefax: 030 – 31 49 39 10
E-Mail: kanzlei@auvp.de
Web: www.auvp.de
2. Collection and storage of personal data as well as nature and purpose of their use when using our website
a) General
With each access to our website, the browser used on your accessing device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information in particular is recorded without your intervention and stored until it is automatically deleted:
IP address of the requesting computer
date and time of access to the website
time zone difference
name and URL of the retrieved file (content of the request)
access status / HTTP status code
amount of data transferred in each case
website from which the access takes place (referrer URL)
the browser used (including language and version of the browser software),
the operating system of your computer,
your network and
the name of your access provider.
The mentioned data will be processed by us for the following purposes:
to ensure a smooth connection of the website
to ensure a convenient use of our website
evaluation of system security and stability and
for further administrative purposes.
The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR (DSGVO). Our legitimate interest is based on the above-mentioned purposes for data collection.
Under no circumstances do we use the collected data for the purpose of drawing conclusions about your person.
The stored data is deleted as soon as its purpose is fulfilled. If the data is collected for the purpose of providing the website, its purpose is achieved when the session is finished. The collection of data for the provision of the website and the storage of data for the operation of the website are absolutely necessary. Therefore, there is no possibility for you to object.
b) Use of Fonts
This website uses font files provided by Google Fonts (provider: Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA) and Adobe Fonts (provider: Adobe Inc. 345 Park Avenue, San Jose, CA 95110-2704, USA) for the purpose of displaying the website correctly and securely as well as to use the visually appealing fonts of the providers.
Your personal data may be processed on the servers on which the font files are stored. We have no influence on this data transfer. This may include information about your browser, network, device, operating system or IP address. Cookies may also be set in the process. Details on the use of cookies can be found under the point 2. f) of this Privacy Policy “Use of cookies". As a rule, your data is transferred to a Google server in the USA and stored there. We have no influence on this data transmission. More detailed information on data processing by the providers can be found in the respective data protection declarations of the providers. Currently available for Google at https://policies.google.com/privacy?hl=de&gl=de as well as for Adobe Inc. https://www.adobe.com/de/privacy/policy.html. These also contain further information on your rights in this regard and setting options for protecting your data.
The correct and secure display of the website as well as an attractive design of the website constitutes a legitimate interest pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR (DSGVO).
c) Use of Squarespace Analytics
For this website we use Squarespace Analytics from our webhoster (see point 2. g) of this privacy policy “Recipients, or categories of recipients"). Squarespace Analytics is the reporting platform of our webhoster. It gives us insight into how our site is performing. With Squarespace Analytics, we can get a clear picture of visitors and their behaviours through visual reports on statistics like page views, popular content, etc.
For this purpose, the website collects personal data which serve as the basis for Squarespace Analytics. In addition to the personal data already processed when you visit the website (see point 2. a) of this privacy policy “General"), this includes details about your use of this website, including
clicks,
internal links,
visited pages,
scrolling time,
visit duration,
search operations,
timestamp,
loading times & problems (such as loading errors).
Details on the use of cookies in the context of website analytics can be found under point 2. f) of this privacy policy “Use of cookies".
To the extent that Squarespace Analytics transfers personal data to third countries, we have no influence on this. Squarespace Analytics states that it uses officially recognised special contractual obligations, so-called standard contractual clauses (also known as model contractual clauses), when transferring data to a third country (including the USA). Furthermore, Squarespace Analytics states to protect personal data by appropriate technical and organisational protection measures. Further information on data processing when using the services of Squarespace Analytics can be found in their data protection notices. Currently available at https://support.squarespace.com/hc/de/articles/360000851908-DSGVO-und-Squarespace.
We process your data within the framework of website analytics in order to learn more about the traffic and activity on the website and to be able to improve our website regularly. The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f GDPR (DSGVO).
d) Use of Google Maps
This website uses Google Maps (provider: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). This enables us to display interactive maps directly on the website and allows you to use the map function conveniently.
If you use Google Maps via our website, Google will in particular process personal data such as information about your browser, your network, your device, your operating system, the date, the time and the reference URL of your request, crash reports, system activities or your IP address as well as, if applicable, information about the mobile network such as the name of the mobile network provider and the telephone number as well as the version number of the app used. Which data Google collects in detail and how Google uses it depends on how you use Google's services and how you manage your privacy settings. If you are logged in to a Google user account, your data will be assigned directly to your user account. Google also stores cookies on your device when you use Google Maps via your internet browser. Google indicates that this enables it to provide better services to users (from the determination of basic information such as language to personalized advertising, etc.). Generally, your data is transferred and stored on a Google server in the USA. We have no influence on this data transfer. You can find more detailed information about data processing by Google in the Google data protection information. Currently available at https://policies.google.com/privacy?hl=de&gl=de. This also contains further information on your rights in this regard and setting options for protecting your data.
The use of Google Maps is in the interest of an attractive presentation of our website and an easy findability of our location. This represents a legitimate interest in the sense of Art. 6 para. 1 lit. f GDPR (DSGVO).
e) Use of ajax.googleapis.com for the use of jQuery
We use the JavaScript library jQuery (provider: The jQuery Foundation, jquery.com) for this website. We integrate jQuery via the Content Delivery Network ("CDN") of Google (provider: Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA) for the purpose of improving the functionality and user experience of our website by optimizing the loading speed.
jQuery is widely used for websites. If you have already used jQuery on another page of Google's CDN before visiting our website, your browser will resort to the cached copy. If you haven't, a download is required. During this process, data is transferred from your browser to Google. In particular, the transmission of your IP address takes place. You can prevent this by installing a JavaScript blocker (e.g. the browser plugin "NoScript") or by deactivating Java Script in your browser. In this case, however, functional restrictions may occur on Internet pages with Java Script technologies. Generally, your data is transferred and stored on a server of the aboved-mentioned providers in the USA. We have no influence on this data transfer. For further information on data processing, please refer to the data protection information of the providers. Currently available for Google at https://policies.google.com/privacy?hl=de&gl=de and for The jQuery Foundation at https://openjsf.org/wp-content/uploads/sites/84/2019/11/OpenJS-Foundation-Privacy-Policy-2019-11-15.pdf
The functionality and optimization of the use of the website represents a legitimate interest according to Art. 6 para. 1 sentence 1 lit. f GDPR (DSGVO).
f) Use of cookies
With each access to our website, cookies are stored on your computer in addition to the aforementioned data. Cookies are small text files that are stored on your computer system via the internet browser you are using. Therefore, certain information is transmitted to the party that sets the cookie (in this case, by us). Cookies cannot execute programs or transfer viruses to your computer. Cookies are used to make the website more user-friendly and effective overall. The legal basis for the use of cookies is Art. 6 para. 1 p. 1 lit. f GDPR (DSGVO).
This website uses transient cookies, which are automatically deleted when you close your browser. This includes in particular session cookies. These store a so-called session ID, which can be used to assign various requests from your browser to the shared session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you close your browser. This website also uses persistent or permanent cookies, which remain on your device and enable us to recognize your device the next time you visit us. These are automatically deleted after a specified time period. This period varies depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
Functional and necessary cookies are always used. These cookies enable the secure provision of this website. These cookies are necessary to enable visitors to navigate the website and use important functions. In particular, this website uses the following functional and necessary cookies:
Crumb- cookies, which are deleted at the end of the session, and siteUserCrumb- cookies for a period of 3 years (both to prevent Cross-Site Request Forgery, which is an attack vector that causes a browser to perform unwanted actions in an application when someone is logged in),
RecentRedirect- Cookies for a duration of 30 minutes (to prevent redirection loops when a site has custom URL redirects),
Locked- Cookies that are deleted at the end of the session (only temporarily; to prevent the password protection screen from being displayed when a visitor enters the correct password for entire website),
Test cookies, which are deleted at the end of the session (to check whether the browser supports cookies and to prevent errors) as functional and required cookies.
Analytics and performance cookies are also used when using the website- analytics. These are only used on this website if you confirm our cookie banner. We use analytics cookies to gain insight into website traffic, website activity and other data. In particular, the following analytics and performance cookies are used:
for the unique identification of visitors and for tracking the sessions of a visitor on the website ss_cid for a duration of 2 years, ss_cvr for a duration of 2 years, ss_cvisit for a duration of 30 minutes, ss_cvt for a duration of 30 minutes, ss_cpvisit for a duration of 2 years
ss_cookieAllowed for a period of 30 days (stores the permission of a website visitor to set analytics cookies in their browser or if a website restricts the placement of cookies).
You can configure your browser settings according to your preferences, e.g. rejecting all cookies. Please note that in this case you may not be able to use all the functions of this website.
g) Recipients or categories of recipients
For individual functions of our website, we use commissioned service providers (e.g. web host or web designer). For the provision of hosting services (e.g. infrastructure and platform services, computing capacity, storage space and database services or as a provider for our website analytics) we commission Squarespace Ireland Ltd., Le Pole House, Ship Street Great, Dublin 8, D08N12C (Ireland), or Squarespace, Inc., 225 Varick Street, 12th Floor, New York, NY 10014 (USA).
3. Collection and storage of personal data as well as nature and purpose of their use in the context of application processes (processing of applicant data)
If you send us your application documents in response to a job advertisement or as a speculative application, these documents regularly contain personal data such as your name, your e-mail address, your address, your telephone number as well as your curriculum vitae or documents relating to your academic or professional qualifications, etc. The sending of application documents to us always takes place on a voluntary basis.
Your data will be processed exclusively for the purpose of carrying out the application or recruitment process. This includes, in particular, the examination and assessment of your suitability in the context of the vacant position, an evaluation of your performance and conduct to the extent permitted by law, communication related to the application process (including making appointments), etc.
The legal basis for the processing of your data is Art. 88 GDPR (DSGVO) in connection with Section 26 (1) BDSG, insofar as your data is required for the implementation of the application or recruitment process. Furthermore, the basis is Art. 6 para. 1 b) GDPR (DSGVO), insofar as your data is required for the implementation of pre-contractual measures within the scope of the application process. Furthermore, we may process data from you in accordance with Art. 6 (1) f) GDPR (DSGVO). The proper implementation of the application or recruitment process also constitutes a legitimate interest. Your data will not be processed if there are overriding interests on your part that contradict such processing. A legitimate interest would exist, for example, if the processing of your data is necessary to defend asserted legal claims against us. If you give us express consent to process your data for specific purposes, the legal basis for these specific purposes is your consent in accordance with Art. 6 (1) a) GDPR (DSGVO). In general, you can revoke this consent at any time (see point 7. of this data protection declaration, "Data subject rights").
In our law firm, your application documents and the associated data are only received by the partners and, in exceptional cases, employees who are involved in the decision on filling the vacancy or who require them as part of the processing and implementation of our legitimate interests.
We delete the data accruing in this context after storage is no longer necessary or restrict processing if there are statutory retention obligations. As a rule, your applicant data will be deleted six months after notification of the negative decision.
We would like to inform you that the transmission of data on the internet via e-mail can have security gaps due to the lack of encryption of the e-mails. Therefore, it cannot be ruled out that data can be accessed or even falsified by unauthorised persons, even if e-mails are transmitted via encrypted lines.
Furthermore, we would like inform you that in the event of an employment relationship coming into being, further personal data of yours (if applicable, also special categories of personal data according to Art. 9 DSGVO) will be processed. Upon conclusion of the employment contract, the employee will receive a separate data protection declaration with further details or supplements on data processing (e.g. further legal bases or retention obligations, etc.) within the scope of the employment relationship.
4. Collection and storage of personal data as well as nature and purpose of their use in the context of mutual communication
Insofar as we contact you or you contact us or we are already in contact (e.g. by e-mail, telephone or via the contact form on this website) and you provide us with personal data (e.g. your name, e-mail address, telephone number, etc.), this is always done on a voluntary basis and only for the purpose that is recognisably associated with your data transmission.
The legal basis is Art. 6 para. 1 p. 1 lit. f GDPR (DSGVO). A legitimate interest of the processing lies in the purpose that accompanies the data transfer on a case-by-case basis. This includes, for example, the effective implementation of mutual communication (e.g. the processing of enquiries addressed to us or in obtaining information from us, etc.) or for advertising purposes (insofar as you have not objected to this in accordance with Art. 21 GDPR (DSGVO), see in detail point 7. of this data protection declaration, "Data subject rights"). If processing in the context of mutual communication is necessary to carry out pre-contractual measures or is related to the performance of a contract, the processing is based on Art. 6 (1) lit. b GDPR (DSGVO). Should you give us express consent to process your data for specific purposes, the legal basis for these specific purposes is your consent pursuant to Art. 6 para.1 a) GDPR (DSGVO). In principle, you can revoke this consent at any time (see point 7 of this data protection declaration, "Data subject rights").
As a matter of principle, only partners and employees of our law firm receive the personal data that you make available to us in the course of mutual communication. If, in individual cases, third parties are involved, this will only be done for the purpose that is recognisably connected with your data transfer.
We delete the data accruing in this context after the storage is no longer required or restrict the processing if there are statutory retention obligations.
We would like to inform you that the transmission of data on the internet via e-mail can have security gaps due to the lack of encryption of the e-mails. Therefore, it cannot be ruled out that data can be accessed or even falsified by unauthorised persons, even if e-mails are transmitted via encrypted lines.
Information that you provide to us for the assertion and defence of rights may contain further personal data (if applicable, also special categories of personal data pursuant to Art. 9 DSGVO). In the context of an attorney-client relationship, our contractual partner (e.g. you personally or your employer) will receive further details or additions to the data processing (e.g. further legal bases, retention obligations, etc.) in the respective contractual documents and/or in other information provided. This also includes the processing of personal data of employees of the contractual partner or other persons who act as contact persons for us within the scope of the mandate.
5. Transfer of data
Your personal data will not be transferred to third parties for purposes other than those listed here.
We only pass on your personal data to third parties if:
you have given your express consent in accordance with Art. 6 para. 1 sentence 1 letter a GDPR (DSGVO)
the disclosure pursuant to Art. 6 para. 1 sentence 1 letter f GDPR (DSGVO) is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data
in the event that there is a legal obligation to pass on the data pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR (DSGVO), and
this is legally permissible and is required under Art. 6 para. 1 sentence 1 lit. b GDPR (DSGVO) for the processing of contractual relationships with you.
6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation, within the scope of necessity for the assertion, exercise or defence of legal claims or on the basis of our legitimate interests.
7. Rights of data subjects
As a data subject, you have the following rights in connection with the processing of your personal data:
You have the right of access to your personal data processed by us in accordance with Art. 15 GDPR (DSGVO). In particular, you may request information about the purposes of the processing, the category of personal data, the recipients (or categories of recipients) to whom your data have been or will be disclosed, the envisaged storage period (or the criteria for determining this period), the existence of a right of rectification, erasure, restriction of processing or objection, the existence of a right of appeal to a supervisory authority, the origin of your data, if not collected by us, and the existence of automated decision making including profiling and, where applicable, meaningful information on the details thereof. If personal data are transferred to a third country or to an international organisation, the data subject has the right to be informed of the appropriate guarantees in accordance with Art. 46 GDPR (DSGVO) in connection with the transfer.
Pursuant to Section 29 (1) sentence 2 BDSG, the right to information pursuant to Article 15 GDPR (DSGVO) does not exist if the information would disclose information that must be kept secret pursuant to a legal provision or by its nature, in particular due to the overriding legitimate interests of a third party.
In accordance with Art. 16 GDPR (DSGVO), you can immediately request the rectification of incorrect or incomplete personal data stored by us.
In accordance with Art. 17 GDPR (DSGVO), you have the right to request the immediate erasure of personal data relating to you, provided that
your data are no longer necessary for the purposes for which they were collected or otherwise processed
if the processing is based on consent under Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a, you withdraw your consent and there is no other legal ground for the processing;
you lodge an objection to the processing pursuant to Art. 21 (1) GDPR (DSGVO) and there are no overriding legitimate grounds for the processing, or you lodge an objection to the processing pursuant to Art. 21 (2) GDPR (DSGVO);
your data have been processed unlawfully;
the deletion of your data is necessary to comply with a legal obligation;
or the personal data have been collected in relation to information society services offered in accordance with Art. 8 Paragraph 1 GDPR (DSGVO).Sie haben kein Recht auf Löschung nach Art. 17 Abs. 3 DSGVO soweit die Verarbeitung zur Ausübung des Rechts auf freie Meinungsäußerung und Information, zur Erfüllung einer rechtlichen Verpflichtung, aus Gründen des öffentlichen Interesses oder zur Geltendmachung, Ausübung oder Verteidigung von Rechtsansprüchen erforderlich ist.
You have no right of erasure under Art. 17 para. 3 GDPR (DSGVO) insofar as the processing is necessary for the exercise of the right to freedom of expression and information, for the compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims.
Pursuant to Art. 18 GDPR (DSGVO), you have the right to restriction of processing of your personal data if the accuracy of the data is contested by you (and for a period of time that enables us to verify the accuracy of the personal data), if the processing is unlawful but you oppose its deletion and we no longer need the data, but you need the data for the establishment, exercise or defence of legal claims, or if you have lodged an objection to the processing pursuant to Art. 21 GDPR (DSGVO) (as long as it is not yet clear whether our legitimate reasons outweigh the objection).
According to Art. 20 GDPR (DSGVO) you have the right to data portability, i.e. that you may receive the personal data you have provided us with in a structured, common and machine-readable format or request that it be transmitted to another controller, provided that the processing is based on consent (according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR (DSGVO)) or on a contract (according to Art. 6 para. 1 lit. b GDPR (DSGVO)) and the processing is carried out using automated means. In doing so, you have the right to request that the personal data be transmitted by us directly to another controller, insofar as this is technically feasible. The right to transfer data must not affect the rights and freedoms of other persons.
If the processing of your personal data is based on consent, you have the right to withdraw the consent you have given to us at any time in accordance with Art. 7 para. 3 GDPR (DSGVO). To do so, simply send an e-mail to kanzlei@auvp.de. As a result, we may no longer continue to process the data that was based on this consent in the future. Withdrawal of consent does not affect the lawfulness of the processing that was carried out on the basis of the consent up to the point of withdrawal.
Under Art. 77 GDPR (DSGVO), they have the right to lodge a complaint with a supervisory authority. In general, you can turn to the supervisory authority of your habitual residence or place of work or to our registered office.
8. Right to object
If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 letter f GDPR (DSGVO), you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR (DSGVO). This requires that there are reasons arising from your particular situation or that the objection is directed against direct advertising. In the latter case, you have a general right of objection, which will be implemented by us without indicating any special situation.
If you wish to make use of your right of revocation or objection, simply send an e-mail to kanzlei@auvp.de.
9. Data security
We use appropriate technical and organisational security measures to protect your data against accidental or deliberate alteration, partial or complete loss, destruction or unauthorised disclosure to third parties. Our security measures are continuously updated and improved in line with technological developments.
Up-to-dateness and amendment of this data protection declaration
This data protection declaration is currently valid and has the status of March 2021.