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Data protection

1. General Information

Whenever a user has access  to a page of our offer and whenver any one data file is retrieved, data will be collected with respect to this operation by ourselves/our service provider/our host provider, and will be stored in a log file. After seven days at the most will have passed these personal data will be anonymized by a truncation  of the IP address on the domain level and will be transmitted to us. The processing of these data is exclusively done for reasons of technical safety and security, more particularly for the defense against attempts to attack our web servers  and, in anonymized form, for statistical purposes. There is no merging or pooling of these data with any other data sources.

The following information is meant to ensure transparency for you by explaining what will happen to the so collected data and which are the security measures which we have taken.

In more detail it is the following data set which is recorded  with respect to every retrieval of data :

-       Name of data file retrieved,

-       date and time of retrieval,

-       volume of data transmitted,

-       site from which the file was retrieved (referrer URL),

-       our office’s sites which you visit,

-       access status (data file transferred, data file not found, etc.),

-       web browsers used and operating system used,

-       name of service provider,

-       full IP address of requesting computer,

-       response message indicating whether access was successful.

 

2.   Collection, processing and use of personal data – Specified  purpose earmarking

1. Visit of Website

Personal data (name, address, e-mail address, telephone number, etc.) which you let us know (in a context with a mandate to handle a case) will be collected, processed and/or used exclusively for the purpose for which you have communicated such personal data to and made available for us.

This is and will be done within the setting and framework of the respectively valid legal provisions, or only with your consent. Data which are meant and/or used for market research, counseling and/or promotional or marketing purposes will only be collected processed and/or used if and provided that you will have given us your prior consent to do so.

The electronic consents which you will have given to us were respectively logged and saved by us. You can at any time ask us to let you know what the contents of these consents is. In this case you are requested to please contact us per e-mail which is to  be addressed to our data security officer at zentrale@fries.law. In this context we draw your attention to the fact that you can at any time for the future revoke the consent given by you,  either by electronic means (zentrale@fries.law) or by postal dispatch (FRIES Rechtsanwälte Partnerschaft mbB, Bernhardstr. 10, 90431 Nuernberg, Germany).  As soon as your revocation will have been received we will no longer use and process the pertinent data files  any longer for any marketing purposes and we will then immediately  refrain from  the further dispatch of advertising materials. Data which are and/or will be required for accounting and book-keeping purposes and/or which are subject to statutory periods of retention will remain unaffected by any one revocation.

We will use your  name, address, e-mail address and telephone number  for the purposes of dealing with and handling your specific mandate. If it will turn out to be necessary we will pass your personal data  on to the appropriate specialist in the office of FRIES Rechtsanwälte Partnerschaft mbB  to take care of and respond to your enquiry .  These data will  eventually  be erased once the statutory periods of retention will have expired.

There will, as a rule, be no transfer of your personal data to any third party or parties, not even in the form of excerpts,  unless this will be required by any one rule of law or you will have given your consent thereto.

In so far as we will have recourse to service providers for the purpose of executing and handling processing operations, the ruling contractual situation is governed by the provisions of the Federal German Data Protection Act (‘GDPA’).

2. In the case of a subscription to our Newsletter

If and provided that you will have given us your express consent thereto we will use your e-mail address for the purpose of regularly sending you our Newsletter.  If you wish to subscribe to this Newsletter it will be sufficient to simply use our  e-mail address for this purpose. A cancellation of your subscription to our Newsletter will be possible any time, for instance by simply using  the link which is indicated at the end of every  Newsletter. Alteratively you can also let us know that you wish to cancel the subscription by e-mail to zentrale@fries.law.             

 3. If you use our contact form

 We offer you an opportunity to contact us for questions of whatever kind via a form sheet which is made available on our website. This requires the indication of your name, of a currently valid e-mail address and of your  question or problem so that we know from whom the enquiry comes  and also in order to enable us to answer your questions. Additional information can be provided on a voluntary basis. The processing of data which were disclosed to us for the purpose of contacting us will be done on the basis of your voluntary consent.

The personal data which we collected in connection with the use of the contact form will be deleted automatically as soon as we will have dealt with and answered your enquiry.

 a.   Your rights

You are entitled to the following rights :

You can demand that you be notified of those of your personal data which we have processed. More particularly you may obtain information concerning the processing purposes, the category of such personal data, the categories of recipients in relation to whom your data were or will  be disclosed, the planned storage period, the fact that you have a right to correction, deletion, processing restriction or objection, the right of appeal,  information on the origin of your data, in so far as these were not collected by us, and the existence of automized decision-making processes inclusive of profiling and possibly also sound information regarding the details thereof. 

You may demand the immediate  correction of incorrect or the completion of incomplete personal data which we have stored.

You may demand the deletion of your personal data which were stored by us  unless their processing is or will be required  for the exercise of the right to the freedom of expression  and information, for  the fulfilment of a statutory obligation, for reasons of public interest or for the assertion, the exercise of or the defense against legal claims or titles.

You may demand the restriction of the processing of your personal data in so far as you contest the accuracy of these data, in so far as their processing is illegal, but you refuse their deletion, and we will no longer

need these data, whereas you need to have these data for the purpose of asserting, exercising or defending legal claims or titles, or you will have filed an objection against their processing.

You can receive your personal data which you will have made available  for us in the form of a structured, commonly used and machine-readable format or ask us that they be communicated to another responsibleperson.   

You can at any time contact us and revoke a consent which you have previously given to us. The consequence of this will be that we must henceforth no longer continue the processing of  the data, which was based on this consent.

You can file a complaint with a supervisory authority .  For this purpose you may, as a rule, contact the supervisory authority of your normal residence or workplace, or also our company headquarters.

b.   Right of Objection

In so far as your personal data are processed on the basis of justified interests under Article 6 paragraph 1 lit. e or f  of the   EU General Data Protection Regulation (GDPR) you have the right to file an objection against the processing of personal data which relate to your own self in so far as there are reasons therefor which have their basis in your specific situation or where the objection is directed against direct advertising. In the latter case you have a general right to objection, which will be implemented by us without a specific or particular situation being specified.

If you wish to make use of your right to  revocation or objection it will be sufficient  to address an e-mail to zentrale@fries.law.

 c.   Links to other offerers

Our website has – clearly recognizable  – links to other companies’ websites. With these links all we allow is access to the use of other parties’ contents in line with the provisions of Section 8 of the German Telemedia Act. In so far as  there are links to other offerers’ websites we have no influence on their contents. This is why we cannot assume any warranty and liability for the contents of the same.  As far as the contents of these sites are concerned it is always the respective provider or operator of these sites, who is responsible for the same. At the time of the linking these linked sites were carefully checked in order to ensure that there are no potential violations of law under civil or penal law aspects, and/or any recognizable infringements or violations of law. At the time when these links were created there were no noticeable illegal

contents to be detected.  Constant monitorings to control the contents of the linked sites are, however, not reasonably acceptable as long as there are no specific indications which hint a violation of law or an infringement.   Whenever any infringements of rights and/or laws will become known, such links are immediately removed.

6.   Security

It may be possible that unencrypted information which you send us per e-mail may be read by third parties on the path of their transmission. In the case of e-mails there is therefore no guaranty that this type of communication is  legally secure. We use filters against undesired advertisements (‘SPAM filters’) which will also automatically but erroneously classify normal e-mails  as unwanted advertisements and may delete the same. E-mails  which contain malware (‘viruses’) are also automatically deleted by us.

If you wish to send us sensitive data  which warrant protection  (for instance payment data)  we recommend that you encrypt and also electronically sign the same if possible, in order to prevent unauthorized

access,  falsification or corruption on the path of transmisstion,  or that you send us such data  by conventional mail through the postal services.

In an effort to protect  the personal data  of our customers, employees  and / or suppliers against unauthorized  acces, damage, loss, destruction and/or manipulations we have taken technical and organizational measures. These measures are constantly checked, monitored and updated to the latest state of technology.

In order to guarantee the confidentiality of our communication with you we are using  so-called SSL (Secure Socket Layers) – and S/MIME- encryption.

7.   Cookies

On our homepages we are using so-called cookies in some contexts . These cookies are small text files which are dropped on your computer and which your browser will save. Cookies help to make our offer more user-friendly (certain inputs from you are stored in such a manner and way that you need not constantly repeat the same)  and safer.  The use of these cookies allows us to analyze  the manner and way in which users use our websites so that we can design their contents  in such a way that they will best meet our visitors’ needs.  In addition these cookies also enable us to measure the effectiveness of any one advertisement and to place it for instance in response to the subject matters of the users’ interests. We use “session cookies”.

Cookies will not  cause any damage to your computer and they do not contain any viruses. Most web browsers will automatically accept cookies. On the other hand it is, as a matter of principle, also possible to change the settings of your browser if you do not wish to send  the information which is  contained in the same. In that case  you will,  however, run  a potential risk that you will not be able to fully use the features or offers of our internet page.

8.   Use of Social Media

Our website uses the Social Media links to Facebook and Google+ as well as to Twitter Microblogging services. These services are provided by Facebook Inc. (1601 Willow Road, Menlo Park, CA 94025 USA), by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) , and by Twitter Inc. (1355 Market St., Suite 900, San Francisco, CA 94103, USA). You will find an overview of the services of these providers on their respective websites. You can identify  the respective link by its  specific logos or buttons.

 a.   Facebook Link

Our Website does not use plugins but  merely a link to the social network facebook.com  which is operated by Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA (hereinafter referred-to as “Facebook”) . You can identify this link by its specific logo or the addition of “Facebook”.

The use of this link will establish a connection with the Social Media Platform, which is done by  simply  clicking on this link. As soon as you will have clicked the Facebook Symbol, this Social Media Service will be accessed in a new window,  where the user may then click either share or like (possibly requiring a log-in). There will be no exchange of data which will be caused by the visit of our website and the link to Facebook.

In our quality of provider  of this site we have no knowledge whatsowever of the contents of the data which are so communicated and of their use by Facebook .

b.   Twitter Link

Our Website does not use plugins but only a link to the short message service of Twitter (Twitter Inc., 1355 Market St., Suite 900, San

Francisco, CA 94103, USA – hereinafter referred-to as “Twitter”).  You can identify this link by the specific logo of Twitter or the “Re-Tweet” function. -- The use of this link will establish a linkage to the Social Media Platform by a simple click of this link. As soon as you will have clicked the Twitter Symbol, this Social Media Service will be accessed in a new window,  where the user may then interact   (possibly requiring a log-in). There will be no exchange of data as a result of your visit of our website and the linkage to Twitter.  Please note that we, as a provider of these sites, have no knowledge of the contents of the data which are so transmitted, nor of their use by Twitter. Additional information on this subject is to be found in Twitter’s Data Privacy Statement :  http://twitter.com/privacy.

As far as your privacy settings with Twitter are concerned you can change the same in the account settings by contacting  http://twitter.com/account/settings.

c.  Google Plus-Link

Our Website does not use any plugins  but merely a linkage to the social network Google plus which is operated by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA – hereinafter referred to as “Google”).  The link can be  identified by the “G+” sign on either a white or a colored background.

The use of this link will establish a connection with the Social Media Platform, which is done by simply  clicking  the Google Plus symbol. As soon as you will have clicked the Google Plus symbol the Social MediaService will be accessed in a new window  where the user may then interact (possibly following a log-in). There will be no exchange of data as a result of your visit of our website and the linkage to Twitter .

Please note that  we, as a provider of these sites, have no kownledge of the contents of the data so transmitted , nor of their use by Google.

9.   Use of Google Maps

Our website uses a Google Maps Plugin (API) of Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”). Google Maps is a web service which shows interactive (geographic) maps in order to visually display geographic information.

If you use this service you will be shown where we are located, which will make it easier for you to find your way to our office if you want to see us.

When you call a site of our internet homepage, which incorporates the Google Maps map your browser will build up a direct connection with Google’s servers. As a result of the Plugin function information concerning your use of our website (such as, e.g. your IP address)   will be transmitted to Google servers in the USA and will be stored there . This will happen regardless of whether you have installed a Google user account through which you are logged in, or whether no user account is existing. When you are logged in with Google, Google can directly attribute the visit of our website to your user account. If such an attribution is not desired, you will have to log out before you will use the site. Google will save your data (even for unlogged users)  as operational  profiles and it will evaluate and analyze the same. It is specifically in line with the provisions of Article 6 paragraph 1 lit. f of the EU General Data Protection Regulation (GDPR) that such an evaluation and analysis is made on the basis and in view of Google’s justified interests in and to the use of personalized advertising, market research and/or demand-oriented design of its website. As far as the purpose and the extent of this collection of data and the further processing and use of the data by Google, as well as your pertinent  rights and setting options which serve to protect your privacy are concerned you are invited to please refer to

Google’s Privacy Protection Statement at: https://policies.google.com/privacy?hl=de.

If you do not agree to the future communication of your data to Google in connection with the use of Google Maps, you can completely opt out of  the Google Maps web service by deactivating the JavaScript application in your browser. In that case Google Maps and consequently also Google Maps-based geographic maps which are shown on this web site can then not be used.

Google’s terms and conditions of use can be found at https://policies.google.com/terms?gl=US&hl=de

10.   Use of Google Web Fonts

It is for the purpose of a uniform representation of fonts that our website uses so-called Web Fonts, which are provided  by Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). When a site is accessed  your browser will load  the required Web Fonts on your browser cache so that texts and fonts will be shown in the correct manner.

The browser which you are using will for this purpose instal a direct link with Google’s servers. Due to the fact that the Web Fonts are embedded information concerning your use of our website (such as e.g. your IP address) will be transferred to Google servers in the USA and are then stored there.  Google Web Fonts are used in order to best ensure a uniform and visually appealing representation and design of our website. This constitutes a justified  interest  as defined in  Article 6 paragraph 1    lit. f  of the EU General Data Protection Regulation .  If your browser does not support Web Fonts, your ocmputer will use a standard font.

As far as the purpose and the extent of this collection of data and the further processing and use of the data by Google, as well as your pertinent  rights and setting options which serve to protect your privacy are concerned you are invited to please refer to Google’s Privacy Protection Statement at: https://policies.google.com/privacy?hl=de.

Google’s terms and conditions of use can be found at

https://policies.google.com/terms?gl=US&hl=de

11.  Data protection in the case of job applications and in job application and assessment proceedings. 

 It is for the purpose of properly handling job application procedures that we collect and process personal data of job applicants. The processing may also be done electronically if an applicant sends us his or her application documents for instance by electronic means i.e. per e-mail. If an application results in the conclusion of an employment contract with an applicant, the data which were communicated to us will be stored  for the purpose of handling the employment relationship, with due consideration being given to statutory provisions . If no employment contract will be concluded with an applicant the pertinent documents will automatically be deleted six months after  the notification of the negative response, unless other justified interests will prohibit deletion by us. Another justified interest in this sense would, for instance, be constituted by a burden of proof in proceedings which relate to cases for which the German General Act on Equal Treatment is relevant.

12.  Contact address for Data Protection Issues

In case of questions which concern the collection, the processing or the use of your personal data, or with respect to information, corrections, blocking or deletion of data as well as concerning the revocation of given consents   contact :

 

FRIES Rechtsanwälte Partnerschaft mbB

Bernhardstrasse 10,

90431 Nuernberg, Germany

E-mail : zentrale@fries.law

+49(0)911 / 586020

 

Our security officer is :

Martin Kuehnlein,  Rechtsanwalt  (Attorney at law)

c/o FRIES  Rechtsanwälte Partnerschaft mbB

Bernhardstrasse 10

90431 Nuernberg, Germany

E-mail:kuehnlein@fries.law

 

 

If you have any questions, issues or suggestions which you would like to discuss with us, you can directly contact our data security officer who will be pleased to help you.