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Data Protection / Privacy
1. Name and Contact Details of the Person in Charge
This
Data Protection / Privacy Statement provides information in respect of
the processing of personal data on the law office website of:
Person in Charge:
Rechtsanwalt Fabian Stoffers
Fischtorplatz 11, 55116 Mainz, Germany
Phone: +49 6131 143 83 25
Fax: +49 6131 143 83 29
E-Mail: fs@ra-stoffers.de
2. Scope and Purpose of the Processing of Personal Data
2.1 Opening of the Website
Upon
opening this website www.ra-stoffers.com, data will automatically be
sent to the server of this website, by the webbrowser which the visitor
uses. This data will be saved in a logfile for a limited
time. Until the automatical deletion takes place, the following
data will be saved, even if the visitor does not effect any additional
entries:
- IP address of the vistor's device,
- date and time of the visit,
- name and URL of the page the visitor opens,
- website from which the visitor reaches the law office's website (referrer URL),
- browser and operating system of the device of the visitor as well as the name of the access provider used by the visitor.
That
processing of personal data is permitted pursuant to Article 6 (1)
sentence 1 f) GDPR. The law office has legitimate interest in the
processing of data for the following purposes:
- to establish / display the website in a speedy manner,
- to permit a user friendly application of the website,
- to identify and safeguard the security/safety and stability of the systems and
- to facilitate / improve the administration of the webiste.
It
is hereby expressly confirmed that the processing of data does not
serve the purpose to gain information about the person of the visitor
of the website.
3. Relay of Data
Personal data will be forwarded to third parties if
- the person concerned has expressly agreed to it pursuant to Article 6 (1) sentence 1 a) GDPR,
- the forwarding of data is required in order to claim, assert or defend legal entitlements pursuant to Article 6 (1) sentence 1 f) GDPR and
no reason gives rise to the assumption that the person concerned has a
prevailing interest, requiring protection, not to have his/her data
forwarded,
- a legal obligation exists in order to forward to data (see Article 6 (1) sentence 1 c) GDPR, and/or
- forwarding
is required, according to Article 6 (1) sentence 1 b) GDPR in order to
fulfil legal obligatiions from a contractual relationship with the
person concerned.
In all other cases, personal data will not be forwarded to third parties.
4. Your right as the Person concerned
To
the extent your personal data is being processed on the occasion of our
website, you shall have the following rights as the "person concerned"
pursuant to the GDPR:
4.1 Information
You
may request informatioin from us, whether personal data concerning you
is being processed by us. No information right exists, however, if the
provisoon of the requested information would break confidentiality
obligations of the lawyer or if the information must be kept
confidential for other reasons, particularly in case of a legitimate
interest of a third party. In deviation from the foregoing, an
obligation to inform may exists if, considering a threat of damage,
your information interest overrules the confidentiality interest. The
information right shall further be excluded if, according to statutory
storage periods, the data may not be deleted or merely serves the
purposes of data backup / data privacy control, to the extent the
information would incur inappropriate time and the processing for other
purposes is excluded by suitable technical or organisatory measures.
Inasmuch as the information right is not excluded in your case
and personal data is processed by us, you may request information
on the following details:
- Purpose of processing,
- Categories of personal data of you which is processed,
- Recipient
or categories of recipients, towards whom your personal data is being
disclosed, particulary in case or recipients in third countries,
- if
possible, the intended duration, for wich your personal data is being
stored and, if that is not possible, the criteria for the determination
of storage periods,
- the
existence of a right to correct or delete or limit the processing of
personal data concening you, or of an objection right against the
processing of data,
- the existence of a grievence right with a data protection authority,
- if
the personal data has not been retrieved from you as person concerned,
the available information in respect of the source of the data,
- if
applicable, the existence of an automated decision process including
profiling and meaningful information about the logics involved as well
as the scope and intended implications of automated decision making,
- if
applicable, in case of a forward to third countries, unless a
resolution of the European Commission exists in respect of the
appropriateness of the protection level, pursuant to Article 45 (3)
GDPR, information regarding suitable guarantee pursuant to Art. 46 (2)
GDPR to protect personal data, if any.
4.2 Correction and Completion
Should
you realize that we have incorrect personal data from you, you may
claim a correction of the incorrect personal data without undue delay.
Should the data be incomplete, you may request a completion.
4.3 Deletion
You
have a right to deletion („right to be forgotten“), should the
processing not be exercised within the right to freedom of speech, the
right to be informed or in the fulfilment of a legal obligation or be
necessary in oder to perform a duty which lies in the public interest,
and to the extent one of the following reasons applies:
- Personal data is no more necessary for the purposes for which they have been processed originally,
- the only base for the justification of the processing was the consent you revoked,
- you have objected to the processing of your personal data which we published,
- you
have objected to the processing of personal data which we have not
published and there are no prevaiing reasons for the data processing,
- your personal data was processed illegally,
- the deletion of the personal data is necessary in order to fulfill a statutory obligation we have.
There
shall be no claim to deletion if the deletion occurs in case of legal
non automated processing, on account of the particular modality of
storage, or can only be deleted with inappropriate efforts and if your
interest in the deletion is of minor gravity. In this case, a
limitation of processing shall occur in lieu of a deletion.
4.4 Limitation of Processing
You may require us to restrict processing if any of the following applies:
- You deny the accuracy of your personal information. The restriction may be required in this case for the duration that allows us to verify the accuracy of the data.,
- The processing is unlawful and you require instead of deletion the restriction of the use of your personal data,
- Your personal information will no longer be needed by us for the
purposes of processing that you may need to assert, exercise or defend
your rights,
- You have contradiction gem. Art. 21 (1) GDPR. The limitation of processing may be required as long as it is not certain that our legitimate reasons outweigh your reasons
Restriction
of processing means that the personal data are processed only with your
consent or to assert, exercise or defend legal claims or to protect the
rights of another natural or legal person or for reasons of important
public interest. Before we lift the restriction, we have a duty to inform you.
4.5 Data portability
You
have the right to data portability, provided that the processing is
based on your consent (Article 6 (1), first sentence, a) or Art. 9 (2)
(a) GDPR) or on a contract of which you are a party and processing by
automated means procedure is done. The
right to data portability in this case includes the following rights,
provided that this does not affect the rights and freedoms of others:
You may require us to receive the personal information you provide to us
in a structured, common and machine-readable format. You have the right to transfer this data to another person without hindrance on our part. If technically feasible, you may require us to transfer your personal information directly to another person in charge.
4.6 Objection
If
the processing is based on Art. 6 (1) sentence 1 e) GDPR (exercise of a
task in the public interest or in the exercise of official authority)
or on Art. 6 (1) sentence 1 f) GDPR (legitimate interest of the
controller or a third party) You
have the right, at any time and for reasons of your own particular
situation, to object to the processing of your personal data. This also applies to a profiling based on Art. 6 (1) sentence 1 e) or letter f) of the GDPR. After
exercising your right to object, we will no longer process your
personal information unless we can demonstrate compelling legitimate
grounds for processing that outweigh your interests, rights and
freedoms, or the processing is for the purposes of asserting, exercising
or defending legal claims.
You may at any time object to the processing of your personal data for direct marketing purposes. This also applies to a profiling associated with such direct mail. After exercising this right of objection, we will no longer use the personal data concerned for direct marketing purposes.
You
have the option of informing us informally, by telephone, by e-mail, if
necessary by fax or to our postal address listed at the beginning of
this privacy policy.
4.7 Revocation of consent
You have the right to revoke your consent at any time with effect for the future. The revocation of the consent can be communicated by phone, by e-mail, possibly by fax or to our postal address informal. The
revocation does not affect the lawfulness of the data processing which
has taken place on the basis of the consent until receipt of the
revocation. Upon receipt of the revocation, the data processing, which was based solely on your consent, is set.
4.8 Complaint
If
you believe that the processing of your personal information is
unlawful, you may lodge a complaint with a data protection supervisory
authority that has jurisdiction over your place of residence or
employment or the location of the alleged breach.
5. Status and Update of this Privacy Policy
This Privacy Policy has the status of May 25, 2018. We
reserve the right to update the privacy policy in due course to improve
privacy and / or adapt it to changes in regulatory practice or
jurisdiction.
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