Data Protection

Data Protection Declaration under the GDPR

I. Name and Address of the Controller

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection provisions is:

FPS Fritze Wicke Seelig Partnerschaftsgesellschaft von Rechtsanwälten mbB
(hereinafter referred to as: FPS)
Eschersheimer Landstraße 25-27
60322 Frankfurt am Main
Germany
E-mail: frankfurt@fps-law.de
Telephon: +49 (0)69 - 95957-0
Fax: +49 (0)69 - 95957-455

Weitere Verantwortliche sind jeweils die Notare
Matthias Druba, Jörg Lamers, Adrian Müller, Ralph Nielebock, Dr. Christoph Trautrims, Dr. Sebastian von Schweinitz und Florian Wiesner
Eschersheimer Landstraße 25-27
60322 Frankfurt am Main
Germany,
E-mail: frankfurt@fps-law.de
Telephon: +49 (0)69 - 95957-0
Fax: +49 (0)69 - 95957-455

Each of the aforementioned notaries is solely responsible for their official function in the sense of the data protection regulations. As a public body, our notaries are obliged to appoint a data protection officer and a deputy data protection officer. These are the contact details of the data protection officer appointed by us:

II. Name and Address of the Data Protection Officer

The controller’s data protection officer is:

Victoria Johnson
FPS Fritze Wicke Seelig Partnerschaftsgesellschaft von Rechtsanwälten mbB
Eschersheimer Landstraße 25-27
60322 Frankfurt am Main
Germany
Telephon: +49 (0)69 - 95957-0
Fax: +49 (0)69 - 95957-455
E-mail: dsb@fps-law.de

The deputy corporate data protection officer is:

Dipl.-Ing. Fritz Langgärtner
FPS Fritze Wicke Seelig Partnerschaftsgesellschaft von Rechtsanwälten mbB
Eschersheimer Landstraße 25-27
60322 Frankfurt am Main
Telephon: +49 (0)69 - 95957-0
Fax: +49 (0)69 - 95957-455
E-mail: dsb@fps-law.de

III. General Information on Data Processing

1. Scope of Personal Data Processing

As a matter of principle, we only process personal data of our users to the extent necessary to provide a functioning website and our services. The collection and processing of personal data of our users takes place exclusively for the purposes to which we are entitled and for as long as the data is required for these purposes and generally only with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by legal regulations.

2. Legal Basis for Personal Data Processing

Where we obtain any consent from the data subject for methods of personal data processing, Art. 6 (1) lit. a and Art. 7 GDPR serve as a legal basis for personal data processing. If processing personal data is necessary for the performance of a contract to which the data subject is party, Art. 6 (1) lit. b GDPR serves as a legal basis. This also applies to processing methods required to take steps prior to entering into a contract.

Where personal data processing is necessary for compliance with a legal obligation to which our law firm is subject, Art. 6 (1) lit c GDPR serves as a legal basis.

If processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 (1) lit. (d) GDPR serves as legal basis.

If processing is necessary for the purposes of any legitimate interest pursued by our law firm or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms, then Art. 6 (1) lit. f GDPR serves as the legal basis for processing.

3. Deletion of Data and Storage Period3. Datenlöschung und Speicherdauer

The data subject’s personal data will be deleted or blocked once the purpose of such storage ceases to be relevant. In addition, the data can be stored if this has been provided for by European or national legislators in Union law regulations, laws or other legislation by which the controller is governed. The data shall also be blocked or deleted if a storage period prescribed by the afore-mentioned standards expires, unless it is necessary to further store the data for the conclusion or performance of a contract.

IV. Provision of the Website and Creation of Log Files

1. Description and Scope of Data Processing

Any time that our internet pages are called-up, the server automatically collects data and information from the computer system of the accessing computer.
The following data will be collected:

  1. the IP address of the user
  2. date and time of access
  3. regional origin, language
  4. the requested file or URL
  5. browser and operating system

The data will also be stored in the log files of our system. This does not affect the IP addresses of the user or other data which allow for attribution of the data to a user. This data will not be stored together with other personal data of the user.

2. Legal Basis for Data Processing

The legal basis for temporary data retention is Art. 6 (1) lit f GDPR.

3. Purpose of Data Processing

It is necessary for the system to temporarily store the IP address, to allow the website to be delivered to the computer of the user. To this end, the IP address of the user must remain stored. Such purposes are also the basis for our legitimate interest in data processing according to lit. (f) of Art. 6 (1) GDPR.

4. Duration of Storage

The data will be deleted as soon as it is no longer required to achieve the pur-pose of its collection. In the case of collection of data for the provision of the website, this is the case when the relevant session ends.

5. Option of Objection and Elimination

The collection of data is necessary for the provision of the website, and storage of the data in log files is necessary for the operation of the website. Consequently, the user has no option to object.

V. Use of Cookies

1. Description and Scope of Data Processing

Our website uses cookies. Cookies are text files which are stored within or by the internet browser in the user’s computer system. If a user accesses a web-site, a cookie can be stored in the user’s operating system. The system places “session cookies” and, in addition, a cookie whether the note on this has been confirmed. The cookie has a lifetime of 14 days. This cookie contains a distinctive sequence of characters allowing for clear identification of the browser the next time the website is accessed.

Upon accessing our website, the user is informed on the use of cookies and their consent to processing of the personal data used in this context is obtained. In this connection, the user is also informed of this Data Protection Declaration.

2. Legal Basis for Data Processing

The legal basis for personal data processing using cookies is Art. 6 (1) lit f GDPR. The legal basis for personal data processing using technically required cookies is Art. 6 (1) lit. f GDPR.

3. Purpose of Data Processing

The purpose of the use of cookies is to facilitate the use of websites for the users. Such purpose is also the basis for our legitimate interest in personal data processing according to Art. 6 (1) lit. f GDPR.

4. Duration of Storage, Option of Objection and Elimination

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent. Temporary cookies, or "session cookies" or "transient cookies", are deleted after a user leaves our website and closes their browser.

VI. E-Mail Contact

1. Description and Scope of Data Processing

We can be contacted using the e-mail address provided on the website. In this case, the personal data of the user transferred with the e-mail will be stored. In this context, data will not be passed on to third parties. The data will exclusively be used for processing the conversation.

2. Legal Basis for Data Processing

The legal basis for the processing of data in the course of sending an e-mail is Art. 6 (1) lit. f GDPR. If the e-mail contact is aimed at concluding a mandate agreement, an additional legal basis for processing is lit. (b) of Art. 6 (1) GDPR.

3. Purpose of Data Processing

In the case of contact by e-mail, the handling of the contact is the necessary legitimate interest in processing the data. The other personal data processed during the sending process serves to prevent abuse of the contact form and ensure the security of our IT systems.

4. Duration of Storage

Your data will be deleted as soon as it is no longer required to achieve the purpose of its collection. This is the case when the relevant conversation with the user ends. The conversation ends when it can be seen from the circumstances that the relevant case has been conclusively clarified and that no mandating takes place.

5. Option of Objection and Elimination

If the user contacts us by e-mail, then they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. Please send your objection to the following address: dsb@fps-law.de. All personal data stored in the course of making contact will be deleted in this case.

VII. Application Process

We collect and process personal data for the purpose of handling application processes. For this purpose, Art. 6 (1) sentence 1 lit. b) GDPR, Sec. 26 German Federal Data Protection Act (New) or, in case of a consent, Art. 6 (1) sentence 1 lit. a, Art. 7 GDPR shall form the legal basis. Any personal data which is processed by us in the course of an application is protected against unauthorised accesses and manipulations through appropriate technical and organisational measures. User data will be collected for the purpose of filling vacancies in all partner law firms. The legal basis here is Art. 6 (1) sentence 1 lit. f GDPR. Processing can also take place electronically. In particular, this is the case when users transfer to us application documents electronically, e.g. by e-mail. If we enter into an employment contract with the user, the data transferred will be stored for the purpose of managing the employment relationship, ob-serving the applicable legal provisions. If we do not enter into an employment contract, the application documents will be automatically deleted six months after notification of the decision to the extent a deletion is not prevented by other legitimate interests or there is no consent to unlimited storage provided by the user. Other legitimate interests in this context shall include, for example, burden of proof in a process under the General Equal Treatment Act (AGG).

VIII. Encryption

For reasons of security and protection of the transfer of confidential contents you send to us, for example in the course of an application process, our web-site uses an SSL encryption (256-bit key, TLS 1.2). You can recognise an encrypted connection by the address line in the browser changing from “http://” to “https://” and by the lock symbol in the browser line. If the SSL encryption is activated, the data you transmit to us cannot be accessed by third parties.

IX. Rights of the Data Subjects

If your personal data is processed, you are a data subject in the sense of the GDPR and you have the following rights towards the controller:

1. Right of Access (Art. 15 GDPR)

You can request from the controller a confirmation whether we process personal data relating to you.
If such processing takes place, you can request the controller to provide you with the following information:

  1. the purposes, for which personal data is used;
  2. the categories of personal data processed;
  3. the recipients or categories of recipients to whom the personal data relating to you was or will be disclosed;
  4. the envisaged duration of storage of the personal data relating to you, or, if concrete information on this is not possible, criteria for determination of the storage period;
  5. the existence of the right to request from the controller rectification or deletion of personal data, a right to restriction of processing of personal data concerning the data subject or to object to such processing;
  6. the right to lodge a complaint with a supervisory authority;
  7. any available information as to the source of the data if the personal data was not collected from the data subject;
  8. the existence of automated decision-making including profiling under Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful in-formation on the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.

You have a right to be provided with information as to whether the personal data relating to you was transmitted to a third country or to an international organisation. In this context, you can request information on the appropriate safeguards in acc. with Art. 46 GDPR in connection with the transfer.

2. Right to Rectification (Art. 16 GDPR)

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data related to you is incorrect or incomplete. The controller must perform rectification immediately.

3. Right to Restriction of Processing (Art. 18 GDPR)

Under the following circumstances, you can request us to restrict processing of the personal data relating to you:

  1. if you contest the accuracy of the personal data relating to you, for a period which enables the controller to verify accuracy of the personal data;
  2. if processing is unlawful, but you refuse deletion of the personal data, re-questing instead that use of the personal data be restricted;
  3. if the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims, or
  4. if you have objected to processing acc. to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of you.

Where processing of the personal data relating to you has been restricted, such data may – except for storing thereof – only be processed with your con-sent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. Where processing has been restricted pursuant to the aforementioned conditions, you will be notified by the controller before the restriction is lifted.

4. Right to Erasure (Art. 17 GDPR)

a) Obligation to Erase

You may demand the controller to delete your personal data without undue de-lay and the controller is obliged to delete such data without undue delay where one of the following grounds applies:

  1. Your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
  2. You withdraw your consent on which processing is based acc. to Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR, and there is no other legal ground for processing.
  3. You object to processing acc. to Art. 21 (1) and there are no overriding legitimate grounds for processing, or you object to processing acc. to Art. 21 (2) GDPR.
  4. Your personal data has been unlawfully processed.
  5. Your personal data has to be deleted for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  6. Your personal data has been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.

b) Information to Third Parties

Where the controller has made your personal data public and is obliged acc. to Art. 17 (1) GDPR to erase it, the controller, taking account of available technology and the cost of implementation, takes reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, such personal data.

c) Exemptions

The right to erasure does not apply to the extent that processing is necessary

  1. for exercising the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the area of public health acc. to Art. 9 (2) lit. h and i as well as Art. 9 (3) GDPR;
  4. for archiving purposes in the public interest, scientific or historical re-search purposes or statistical purposes acc. to Art. 89 (1) GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  5. for the establishment, exercise or defence of legal claims.

Within the framework of the right to erasure apply the restrictions according to sec. 34, 35 BDSG (Federal Data Protection Act).

5. Right of Information (Art. 19 GDPR)

If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the latter is obliged to notify all recipients, to whom your personal data have been disclosed, of such rectification or erasure of the data or restriction of processing, unless this turns out to be impossible or produces unreasonable burdens.

6. Right to Data Portability (Art. 20 GDPR)

You have the right to receive any personal data related to you that has been provided by you to the controller in a structured, commonly used and machine-readable format. Moreover, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data has been provided, where

  1. the processing is based upon a consent in acc. with Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or upon a contract in acc. with Art. 6 (1) lit. b GDPR and
  2. processing is carried out by automated means.

In exercising such right, you further have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.

The right to data portability does not apply to any personal data processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to Object (Art. 21 GDPR)

You have the right, on grounds relating to your particular situation, to object at any time to any processing of your personal data on the basis of Art. 6 (1) lit. e or f GDPR, this also includes profiling based on those provisions. The controller will no longer process the your personal data unless there are compelling legitimate reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. Where your personal data is processed for direct marketing purposes, you have the right to object at any time to any processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes. You have the possibility to exercise your right of objection through automated procedures using technical specifications in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC.

Objections may be made without any formality and should be addressed to

Victoria Johnson
FPS Fritze Wicke Seelig PartG von Rechtsanwälten mbB
Eschersheimer Landstraße 25-27,
D-60322 Frankfurt am Main,
Telephon: +49 (0)69 – 95957-0,
Fax: +49 (0)69 – 95957-455,
E-mail: dsb@fps-law.de

8. Right to Withdraw any Consent Given Under Privacy Law

You have the right to withdraw at any time your consent for the processing of personal data given under privacy law. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated Individual Decision-Making Including Profiling (Art. 22 GDPR)

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

  1. is necessary for entering into, or performance of, a contract between you and the controller;
  2. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  3. is made with your explicit consent.

Nevertheless, such decisions must not be based on special categories of personal data referred to in Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in (1) and (3), the controller implements suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to ex-press their point of view and to contest the decision.

10. Right to Lodge a Complaint with a Supervisory Authority (Art. 77 GDPR in conjunction with sec. 19 BDSG)

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR. The supervisory authority with which the complaint has been lodged informs the complainant on the progress and the outcome of the com-plaint including the possibility of a judicial remedy acc. to Art. 78 GDPR.

X. Obligations to provide and possible consequences of not providing personal data

As part of the use of our website, you must provide the personal data that is necessary to fulfil the purpose or which we are legally obliged to collect. Without this data, we will generally not be able to provide the desired service.

XI. Intention to transfer the personal data to a third country or international organization

An active transfer to a third country will only take place if this has been expressly indicated in the context of the aforementioned services.

XII. Categories of recipients of personal data

We have some of the aforementioned processes and services carried out by carefully selected and data protection-compliant service providers. These external service providers are bound by our instructions and are regularly checked. They will not pass on your data to third parties.

With regard to the transfer of data to other recipients, we will only pass on information about you if required by law, if you have given your consent or if we are authorised to do so. If these conditions are met, the recipients of personal data may include: public bodies and institutions (e.g. tax authorities, criminal prosecution authorities) if there is a legal or official obligation to do so; other companies or comparable institutions to which we transfer personal data in order to carry out the business relationship with you.  

Last updated: 12.06.2020

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