Privacy Notice      

 

The person responsible under the relevant privacy laws is:

Pinegrove Rechtsanwaltsgesellschaft mbH

Alfred-Herrhausen-Allee 3-5

65760 Eschborn

The data protection officer of our law firm can be contacted at the above address, Attn: Data Protection Officer, or at mail@pinegrove.de.

With this data protection notice, we inform you (hereinafter also referred to as “user” or “data subject”) in a general manner about the data processing in our law firm and in a special manner about the data processing in the context of a call to our website, when contacting us via our website contact form and contacting us by e-mail or telephone. Furthermore, we inform you about our online presence in social media and about your rights with regard to the processing of your data. Conceptually, “data processing” always refers to the processing of personal data.

1 General information on data processing

1.1 Categories of personal data

We process the following categories of personal data:

• Inventory data (e.g. names, addresses, functions, organizational affiliation, etc.);
• Contact data (e.g. e-mail, telephone/fax numbers, etc.);
• Content data (e.g. text entries, image files, videos, etc.);
• Usage data (e.g. access data);
• Meta/communication data (e.g. IP addresses).

1.2 Recipients or categories of recipients of personal data

If, in the course of our processing, we disclose or transmit data or otherwise grant access to other persons and companies such as web hosts, order processors or third parties, it is done on the basis of a legal permission (e.g. if a transmission of the data to third parties is required in accordance with Art. 6 para. 1 sub-para. 1 lit. b GDPR for the performance of the contract), if the data subjects have consented or if a legal obligation provides for this.

1.3 Duration of the storage of personal data

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the relevant data will be deleted if it is no longer required to achieve the purpose, fulfill the contract or initiate the contract.

1.4 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 third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process data or have data processed in a third country only if the special requirements of Art. 44 et seq. GDPR, i.e. the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

2. Data processing in the course of visiting our website

2.1 Log files

Whenever a data subject accesses our website, general data and information are stored in the log files of our system:

• Date and time of the retrieval (timestamp);
• Request details and destination address (protocol version, HTTP method, referer, user agent string);
• Name of the retrieved file and transferred data volume (requested URL incl. query string, size in bytes);
• Message whether the retrieval was successful (HTTP status code).

When using this general data and information, we do not draw any conclusions about the data subject. There is no personal evaluation or evaluation of the data for marketing purposes or profiling. The IP address is not stored in this context.

The legal basis for the temporary storage of the data is Art. 6 para. 1 subpara. 1 lit. f GDPR. The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the secure operation of our website. Consequently, there is no possibility for the data subject to object.

2.2 Malware detection and log data analysis

We collect and automatically evaluate log data that is generated during the operation of our firm’s communication systems, to the extent it is necessary for the detection, limitation or elimination of malfunctions or errors in the communication systems or defense against attacks on our IT or detection and defense against malware.

The legal basis for the temporary storage and evaluation of the data is Article 6 (1) subparagraph 1 lit. f GDPR. The storage and evaluation of the data are absolutely necessary for the provision of the website and for its secure operation. Consequently, there is no possibility for the data subject to object.

2.3 Cookies

So-called cookies are used on our website. Cookies are small text files that are exchanged between the web browser and the hosting server. Cookies are stored on the user’s computer and transmitted to our website. In the web browser used, you can restrict or generally prevent the use of cookies by selecting the appropriate settings. Cookies that have already been saved can be deleted at any time. If cookies are deactivated for our website, this may mean that the website cannot be displayed or used to its full extent.

The legal basis for the processing of personal data using cookies is Article 6 (1) subparagraph 1 lit. f GDPR.

2.4 Hosting

The hosting services used by us are intended for the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating our website.

In this context, we or our data processors process inventory data, contact data, content data, contract data, usage data as well as meta and communication data of users of our website on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 para. 1 subpara. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a contract for the processing of orders).

3. Data processing when contacting us

3.1 Contacting us via e-mail

Contacting our firm by e-mail is possible through the e-mail addresses published on our website.

If you use this contact method, the data you provide (e.g. surname, first name, address), but at least the e-mail address and the information contained in the e-mail, together with the personal data you provide, will be stored for the purpose of contacting you and processing your request. In addition, the following data is collected by our system:

• IP address of the calling computer;
• Date and time of the e-mail.

The legal basis for the processing of personal data in the context of e-mails sent to us is Art. 6 para. 1 subpara. 1 lit. b, f GDPR.

3.2 Contacting us via website contact form

If you use the contact form provided on our website for communication, it is necessary to provide your name and first name as well as your e-mail address. Without this data, your request transmitted via the contact form cannot be processed. The specification of the address is optional and enables us, if desired by you, to process your request by mail.

In addition, the following data is collected by our system:

• IP address of the calling computer;
• Date and time of the e-mail.

The legal basis for the processing of personal data in the context of e-mails sent to us is Art. 6 para. 1 subpara. 1 lit. b, f GDPR.

3.3 Contact by letter and fax

If you send us a letter or a fax, the data transmitted by you (e.g. name, first name, address) and the information contained in the letter or fax together with the personal data transmitted by you will be stored for the purpose of contacting you and processing your request.

The legal basis for the processing of personal data in the context of letters and faxes sent to us is Article 6 (1) subparagraph 1 lit. b or lit. f GDPR.

4. Online presence in social media

We maintain online presences in (LinkedIn, Xing, Facebook and Instagram) in order to inform users active on such social networks about our services and to communicate via the platforms. Our social media channels can only be accessed via an external link. As soon as you access our social media profile in the respective network, the terms and conditions and data processing policies of the respective operators apply.

We have no influence on the collection of data and the further use by the social networks. We have no knowledge of the extent to which, where and for how long the data is stored, the extent to which the networks comply with existing deletion obligations, what evaluations and links are made with the data and to whom the data is passed on. We therefore expressly draw your attention to the fact that your data (e.g. personal information, IP address) will be stored by the operators of the networks in accordance with their data usage guidelines and used for business purposes.

We process data with regard to social media presences insofar as, for example, comments or direct messages are directed to us via the relevant social networks. The legal basis for the processing of data, upon the user’s consent, is Art. 6 (1) subpara. 1 lit. a GDPR.

5. Your rights

As a data subject, you have the following rights in connection with the processing of your personal data:

5.1 Right to information pursuant to Art. 15 GDPR

(1) The data subject has the right to obtain from the data controller confirmation as to whether personal data concerning him or her are being processed; if this is the case, he or she has the right to obtain information on such personal data and on the following:

1. the purposes of processing;
2. the categories of personal data processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
4. 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;
5. the existence of a right to rectification or erasure of the personal data concerning you or to restriction of processing by the data controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. if the personal data are not collected from the data subject, any available information on the origin of the data;
8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, detailed information about the logic involved and the implications and intended effects of such processing for the data subject.

(2) If personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

5.2 Right to rectification pursuant to Article 16 GDPR

The data subject has the right to demand from the data controller the rectification of inaccurate personal data concerning him or her without undue delay. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration.

5.3 Right to deletion pursuant to Art. 17 GDPR

(1) The data subject shall have the right to demand from the data controller the erasure without delay of personal data concerning him or her, and the data controller shall be obliged to erase personal data without delay, where one of the following reasons applies:

1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
3. The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
4. The personal data have been processed unlawfully.
5. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the data controller is subject.
6. The personal data was collected in relation to information society services offered pursuant to Article 8 (1) GDPR.

(2) If the data controller has made the personal data public and is obliged to delete the personal data in accordance with paragraph 1, the data controller shall take reasonable measures, including technical measures, considering the technology available and the cost of implementation, to inform data controllers who process the personal data that a data subject has requested deletion of all links to or copies or replications of such personal data.

(3) Paragraphs 1 and 2 do not apply to the extent that the processing is required for:

1. the exercise of the right to freedom of expression and information;
2. compliance with a legal obligation which requires processing under Union or Member State law to which the data 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 data controller;
3. reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
4. archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1), where the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
5. the assertion, exercise or defense of legal claims.

5.4 Right to restrict the processing pursuant to Art. 18 GDPR

(1) The data subject has the right to demand from the data controller to restrict the processing if one of the following conditions is met:

1. the accuracy of the personal data is contested by the data subject, which applies for a period of time, during which the data controller has the opportunity to verify the accuracy of the personal data;
2. the data processing is unlawful and the data subject objects to the deletion of the personal data and instead requests to restrict the use of the personal data;
3. the data controller no longer requires the personal data for the purposes of the processing, but the data subject requires the personal data for the establishment, exercise or defense of legal claims; or
4. the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it has not yet been determined whether the legitimate grounds of the data controller prevail over those of the data subject.

(2) Where processing has been restricted pursuant to paragraph 1, processing of such personal data, except for storage, is only permitted with the consent of the data subject or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the EU or a member state.

5.5 Right to data portability according to Art. 20 GDPR

(1) The data subject has the right to obtain personal data concerning him or her, which he or she has provided to a data controller in a structured, commonly used and machine-readable format, and has the right to transmit such data to another data controller without hindrance from the data controller, to whom the personal data have been provided, provided that:

1. the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
2. the processing is carried out with the aid of automated procedures.

(2) When exercising his or her right to data portability pursuant to paragraph 1, the data subject has the right to obtain that the personal data be transferred directly from one data controller to another data controller, where technically feasible.

The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of other persons.

This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

5.6 Right of objection pursuant to Art. 21 GDPR

The data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. The data controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which prevail over the interests, rights and freedom of the data subject, or for the assertion, exercise or defense of legal claims.

In connection with the use of information society services, notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by means of automated procedures using technical specifications.

5.7 Right of withdrawal pursuant to Art. 7 (3) GDPR

The data subject has the right to revoke his/her declaration of consent under data protection law at any time. The revocation of consent will not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

5.8 Right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR.

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the member state of his or her place of residence, place of work or place of the presumed infringement.

 

Privacy Notice      

 

 

The person responsible under the relevant privacy laws is:

Pinegrove Rechtsanwaltsgesellschaft mbH

Alfred-Herrhausen-Allee 3-5

65760 Eschborn

The data protection officer of our law firm can be contacted at the above address, Attn: Data Protection Officer, or at mail@pinegrove.de.

With this data protection notice, we inform you (hereinafter also referred to as “user” or “data subject”) in a general manner about the data processing in our law firm and in a special manner about the data processing in the context of a call to our website, when contacting us via our website contact form and contacting us by e-mail or telephone. Furthermore, we inform you about our online presence in social media and about your rights with regard to the processing of your data. Conceptually, “data processing” always refers to the processing of personal data.

1 General information on data processing

1.1 Categories of personal data

We process the following categories of personal data:

• Inventory data (e.g. names, addresses, functions, organizational affiliation, etc.);
• Contact data (e.g. e-mail, telephone/fax numbers, etc.);
• Content data (e.g. text entries, image files, videos, etc.);
• Usage data (e.g. access data);
• Meta/communication data (e.g. IP addresses).

1.2 Recipients or categories of recipients of personal data

If, in the course of our processing, we disclose or transmit data or otherwise grant access to other persons and companies such as web hosts, order processors or third parties, it is done on the basis of a legal permission (e.g. if a transmission of the data to third parties is required in accordance with Art. 6 para. 1 sub-para. 1 lit. b GDPR for the performance of the contract), if the data subjects have consented or if a legal obligation provides for this.

1.3 Duration of the storage of personal data

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the relevant data will be deleted if it is no longer required to achieve the purpose, fulfill the contract or initiate the contract.

1.4 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 third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process data or have data processed in a third country only if the special requirements of Art. 44 et seq. GDPR, i.e. the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

2. Data processing in the course of visiting our website

2.1 Log files

Whenever a data subject accesses our website, general data and information are stored in the log files of our system:

• Date and time of the retrieval (timestamp);
• Request details and destination address (protocol version, HTTP method, referer, user agent string);
• Name of the retrieved file and transferred data volume (requested URL incl. query string, size in bytes);
• Message whether the retrieval was successful (HTTP status code).

When using this general data and information, we do not draw any conclusions about the data subject. There is no personal evaluation or evaluation of the data for marketing purposes or profiling. The IP address is not stored in this context.

The legal basis for the temporary storage of the data is Art. 6 para. 1 subpara. 1 lit. f GDPR. The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the secure operation of our website. Consequently, there is no possibility for the data subject to object.

2.2 Malware detection and log data analysis

We collect and automatically evaluate log data that is generated during the operation of our firm’s communication systems, to the extent it is necessary for the detection, limitation or elimination of malfunctions or errors in the communication systems or defense against attacks on our IT or detection and defense against malware.

The legal basis for the temporary storage and evaluation of the data is Article 6 (1) subparagraph 1 lit. f GDPR. The storage and evaluation of the data are absolutely necessary for the provision of the website and for its secure operation. Consequently, there is no possibility for the data subject to object.

2.3 Cookies

So-called cookies are used on our website. Cookies are small text files that are exchanged between the web browser and the hosting server. Cookies are stored on the user’s computer and transmitted to our website. In the web browser used, you can restrict or generally prevent the use of cookies by selecting the appropriate settings. Cookies that have already been saved can be deleted at any time. If cookies are deactivated for our website, this may mean that the website cannot be displayed or used to its full extent.

The legal basis for the processing of personal data using cookies is Article 6 (1) subparagraph 1 lit. f GDPR.

2.4 Hosting

The hosting services used by us are intended for the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating our website.

In this context, we or our data processors process inventory data, contact data, content data, contract data, usage data as well as meta and communication data of users of our website on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 para. 1 subpara. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a contract for the processing of orders).

3. Data processing when contacting us

3.1 Contacting us via e-mail

Contacting our firm by e-mail is possible through the e-mail addresses published on our website.

If you use this contact method, the data you provide (e.g. surname, first name, address), but at least the e-mail address and the information contained in the e-mail, together with the personal data you provide, will be stored for the purpose of contacting you and processing your request. In addition, the following data is collected by our system:

• IP address of the calling computer;
• Date and time of the e-mail.

The legal basis for the processing of personal data in the context of e-mails sent to us is Art. 6 para. 1 subpara. 1 lit. b, f GDPR.

3.2 Contacting us via website contact form

If you use the contact form provided on our website for communication, it is necessary to provide your name and first name as well as your e-mail address. Without this data, your request transmitted via the contact form cannot be processed. The specification of the address is optional and enables us, if desired by you, to process your request by mail.

In addition, the following data is collected by our system:

• IP address of the calling computer;
• Date and time of the e-mail.

The legal basis for the processing of personal data in the context of e-mails sent to us is Art. 6 para. 1 subpara. 1 lit. b, f GDPR.

3.3 Contact by letter and fax

If you send us a letter or a fax, the data transmitted by you (e.g. name, first name, address) and the information contained in the letter or fax together with the personal data transmitted by you will be stored for the purpose of contacting you and processing your request.

The legal basis for the processing of personal data in the context of letters and faxes sent to us is Article 6 (1) subparagraph 1 lit. b or lit. f GDPR.

4. Online presence in social media

We maintain online presences in (LinkedIn, Xing, Facebook and Instagram) in order to inform users active on such social networks about our services and to communicate via the platforms. Our social media channels can only be accessed via an external link. As soon as you access our social media profile in the respective network, the terms and conditions and data processing policies of the respective operators apply.

We have no influence on the collection of data and the further use by the social networks. We have no knowledge of the extent to which, where and for how long the data is stored, the extent to which the networks comply with existing deletion obligations, what evaluations and links are made with the data and to whom the data is passed on. We therefore expressly draw your attention to the fact that your data (e.g. personal information, IP address) will be stored by the operators of the networks in accordance with their data usage guidelines and used for business purposes.

We process data with regard to social media presences insofar as, for example, comments or direct messages are directed to us via the relevant social networks. The legal basis for the processing of data, upon the user’s consent, is Art. 6 (1) subpara. 1 lit. a GDPR.

5. Your rights

As a data subject, you have the following rights in connection with the processing of your personal data:

5.1 Right to information pursuant to Art. 15 GDPR

(1) The data subject has the right to obtain from the data controller confirmation as to whether personal data concerning him or her are being processed; if this is the case, he or she has the right to obtain information on such personal data and on the following:

1. the purposes of processing;
2. the categories of personal data processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
4. 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;
5. the existence of a right to rectification or erasure of the personal data concerning you or to restriction of processing by the data controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. if the personal data are not collected from the data subject, any available information on the origin of the data;
8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, detailed information about the logic involved and the implications and intended effects of such processing for the data subject.

(2) If personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

5.2 Right to rectification pursuant to Article 16 GDPR

The data subject has the right to demand from the data controller the rectification of inaccurate personal data concerning him or her without undue delay. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration.

5.3 Right to deletion pursuant to Art. 17 GDPR

(1) The data subject shall have the right to demand from the data controller the erasure without delay of personal data concerning him or her, and the data controller shall be obliged to erase personal data without delay, where one of the following reasons applies:

1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
3. The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
4. The personal data have been processed unlawfully.
5. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the data controller is subject.
6. The personal data was collected in relation to information society services offered pursuant to Article 8 (1) GDPR.

(2) If the data controller has made the personal data public and is obliged to delete the personal data in accordance with paragraph 1, the data controller shall take reasonable measures, including technical measures, considering the technology available and the cost of implementation, to inform data controllers who process the personal data that a data subject has requested deletion of all links to or copies or replications of such personal data.

(3) Paragraphs 1 and 2 do not apply to the extent that the processing is required for:

1. the exercise of the right to freedom of expression and information;
2. compliance with a legal obligation which requires processing under Union or Member State law to which the data 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 data controller;
3. reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
4. archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1), where the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
5. the assertion, exercise or defense of legal claims.

5.4 Right to restrict the processing pursuant to Art. 18 GDPR

(1) The data subject has the right to demand from the data controller to restrict the processing if one of the following conditions is met:

1. the accuracy of the personal data is contested by the data subject, which applies for a period of time, during which the data controller has the opportunity to verify the accuracy of the personal data;
2. the data processing is unlawful and the data subject objects to the deletion of the personal data and instead requests to restrict the use of the personal data;
3. the data controller no longer requires the personal data for the purposes of the processing, but the data subject requires the personal data for the establishment, exercise or defense of legal claims; or
4. the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it has not yet been determined whether the legitimate grounds of the data controller prevail over those of the data subject.

(2) Where processing has been restricted pursuant to paragraph 1, processing of such personal data, except for storage, is only permitted with the consent of the data subject or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the EU or a member state.

5.5 Right to data portability according to Art. 20 GDPR

(1) The data subject has the right to obtain personal data concerning him or her, which he or she has provided to a data controller in a structured, commonly used and machine-readable format, and has the right to transmit such data to another data controller without hindrance from the data controller, to whom the personal data have been provided, provided that:

1. the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
2. the processing is carried out with the aid of automated procedures.

(2) When exercising his or her right to data portability pursuant to paragraph 1, the data subject has the right to obtain that the personal data be transferred directly from one data controller to another data controller, where technically feasible.

The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of other persons.

This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

5.6 Right of objection pursuant to Art. 21 GDPR

The data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. The data controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which prevail over the interests, rights and freedom of the data subject, or for the assertion, exercise or defense of legal claims.

In connection with the use of information society services, notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by means of automated procedures using technical specifications.

5.7 Right of withdrawal pursuant to Art. 7 (3) GDPR

The data subject has the right to revoke his/her declaration of consent under data protection law at any time. The revocation of consent will not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

5.8 Right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR.

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the member state of his or her place of residence, place of work or place of the presumed infringement.

 

Privacy Notice      

 

 

The person responsible under the relevant privacy laws is:

Pinegrove Rechtsanwaltsgesellschaft mbH

Alfred-Herrhausen-Allee 3-5

65760 Eschborn

The data protection officer of our law firm can be contacted at the above address, Attn: Data Protection Officer, or at mail@pinegrove.de.

With this data protection notice, we inform you (hereinafter also referred to as “user” or “data subject”) in a general manner about the data processing in our law firm and in a special manner about the data processing in the context of a call to our website, when contacting us via our website contact form and contacting us by e-mail or telephone. Furthermore, we inform you about our online presence in social media and about your rights with regard to the processing of your data. Conceptually, “data processing” always refers to the processing of personal data.

1 General information on data processing

1.1 Categories of personal data

We process the following categories of personal data:

• Inventory data (e.g. names, addresses, functions, organizational affiliation, etc.);
• Contact data (e.g. e-mail, telephone/fax numbers, etc.);
• Content data (e.g. text entries, image files, videos, etc.);
• Usage data (e.g. access data);
• Meta/communication data (e.g. IP addresses).

1.2 Recipients or categories of recipients of personal data

If, in the course of our processing, we disclose or transmit data or otherwise grant access to other persons and companies such as web hosts, order processors or third parties, it is done on the basis of a legal permission (e.g. if a transmission of the data to third parties is required in accordance with Art. 6 para. 1 sub-para. 1 lit. b GDPR for the performance of the contract), if the data subjects have consented or if a legal obligation provides for this.

1.3 Duration of the storage of personal data

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the relevant data will be deleted if it is no longer required to achieve the purpose, fulfill the contract or initiate the contract.

1.4 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 third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process data or have data processed in a third country only if the special requirements of Art. 44 et seq. GDPR, i.e. the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

2. Data processing in the course of visiting our website

2.1 Log files

Whenever a data subject accesses our website, general data and information are stored in the log files of our system:

• Date and time of the retrieval (timestamp);
• Request details and destination address (protocol version, HTTP method, referer, user agent string);
• Name of the retrieved file and transferred data volume (requested URL incl. query string, size in bytes);
• Message whether the retrieval was successful (HTTP status code).

When using this general data and information, we do not draw any conclusions about the data subject. There is no personal evaluation or evaluation of the data for marketing purposes or profiling. The IP address is not stored in this context.

The legal basis for the temporary storage of the data is Art. 6 para. 1 subpara. 1 lit. f GDPR. The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the secure operation of our website. Consequently, there is no possibility for the data subject to object.

2.2 Malware detection and log data analysis

We collect and automatically evaluate log data that is generated during the operation of our firm’s communication systems, to the extent it is necessary for the detection, limitation or elimination of malfunctions or errors in the communication systems or defense against attacks on our IT or detection and defense against malware.

The legal basis for the temporary storage and evaluation of the data is Article 6 (1) subparagraph 1 lit. f GDPR. The storage and evaluation of the data are absolutely necessary for the provision of the website and for its secure operation. Consequently, there is no possibility for the data subject to object.

2.3 Cookies

So-called cookies are used on our website. Cookies are small text files that are exchanged between the web browser and the hosting server. Cookies are stored on the user’s computer and transmitted to our website. In the web browser used, you can restrict or generally prevent the use of cookies by selecting the appropriate settings. Cookies that have already been saved can be deleted at any time. If cookies are deactivated for our website, this may mean that the website cannot be displayed or used to its full extent.

The legal basis for the processing of personal data using cookies is Article 6 (1) subparagraph 1 lit. f GDPR.

2.4 Hosting

The hosting services used by us are intended for the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating our website.

In this context, we or our data processors process inventory data, contact data, content data, contract data, usage data as well as meta and communication data of users of our website on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 para. 1 subpara. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a contract for the processing of orders).

3. Data processing when contacting us

3.1 Contacting us via e-mail

Contacting our firm by e-mail is possible through the e-mail addresses published on our website.

If you use this contact method, the data you provide (e.g. surname, first name, address), but at least the e-mail address and the information contained in the e-mail, together with the personal data you provide, will be stored for the purpose of contacting you and processing your request. In addition, the following data is collected by our system:

• IP address of the calling computer;
• Date and time of the e-mail.

The legal basis for the processing of personal data in the context of e-mails sent to us is Art. 6 para. 1 subpara. 1 lit. b, f GDPR.

3.2 Contacting us via website contact form

If you use the contact form provided on our website for communication, it is necessary to provide your name and first name as well as your e-mail address. Without this data, your request transmitted via the contact form cannot be processed. The specification of the address is optional and enables us, if desired by you, to process your request by mail.

In addition, the following data is collected by our system:

• IP address of the calling computer;
• Date and time of the e-mail.

The legal basis for the processing of personal data in the context of e-mails sent to us is Art. 6 para. 1 subpara. 1 lit. b, f GDPR.

3.3 Contact by letter and fax

If you send us a letter or a fax, the data transmitted by you (e.g. name, first name, address) and the information contained in the letter or fax together with the personal data transmitted by you will be stored for the purpose of contacting you and processing your request.

The legal basis for the processing of personal data in the context of letters and faxes sent to us is Article 6 (1) subparagraph 1 lit. b or lit. f GDPR.

4. Online presence in social media

We maintain online presences in (LinkedIn, Xing, Facebook and Instagram) in order to inform users active on such social networks about our services and to communicate via the platforms. Our social media channels can only be accessed via an external link. As soon as you access our social media profile in the respective network, the terms and conditions and data processing policies of the respective operators apply.

We have no influence on the collection of data and the further use by the social networks. We have no knowledge of the extent to which, where and for how long the data is stored, the extent to which the networks comply with existing deletion obligations, what evaluations and links are made with the data and to whom the data is passed on. We therefore expressly draw your attention to the fact that your data (e.g. personal information, IP address) will be stored by the operators of the networks in accordance with their data usage guidelines and used for business purposes.

We process data with regard to social media presences insofar as, for example, comments or direct messages are directed to us via the relevant social networks. The legal basis for the processing of data, upon the user’s consent, is Art. 6 (1) subpara. 1 lit. a GDPR.

5. Your rights

As a data subject, you have the following rights in connection with the processing of your personal data:

5.1 Right to information pursuant to Art. 15 GDPR

(1) The data subject has the right to obtain from the data controller confirmation as to whether personal data concerning him or her are being processed; if this is the case, he or she has the right to obtain information on such personal data and on the following:

1. the purposes of processing;
2. the categories of personal data processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
4. 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;
5. the existence of a right to rectification or erasure of the personal data concerning you or to restriction of processing by the data controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. if the personal data are not collected from the data subject, any available information on the origin of the data;
8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, detailed information about the logic involved and the implications and intended effects of such processing for the data subject.

(2) If personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

5.2 Right to rectification pursuant to Article 16 GDPR

The data subject has the right to demand from the data controller the rectification of inaccurate personal data concerning him or her without undue delay. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration.

5.3 Right to deletion pursuant to Art. 17 GDPR

(1) The data subject shall have the right to demand from the data controller the erasure without delay of personal data concerning him or her, and the data controller shall be obliged to erase personal data without delay, where one of the following reasons applies:

1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
3. The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
4. The personal data have been processed unlawfully.
5. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the data controller is subject.
6. The personal data was collected in relation to information society services offered pursuant to Article 8 (1) GDPR.

(2) If the data controller has made the personal data public and is obliged to delete the personal data in accordance with paragraph 1, the data controller shall take reasonable measures, including technical measures, considering the technology available and the cost of implementation, to inform data controllers who process the personal data that a data subject has requested deletion of all links to or copies or replications of such personal data.

(3) Paragraphs 1 and 2 do not apply to the extent that the processing is required for:

1. the exercise of the right to freedom of expression and information;
2. compliance with a legal obligation which requires processing under Union or Member State law to which the data 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 data controller;
3. reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
4. archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1), where the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
5. the assertion, exercise or defense of legal claims.

5.4 Right to restrict the processing pursuant to Art. 18 GDPR

(1) The data subject has the right to demand from the data controller to restrict the processing if one of the following conditions is met:

1. the accuracy of the personal data is contested by the data subject, which applies for a period of time, during which the data controller has the opportunity to verify the accuracy of the personal data;
2. the data processing is unlawful and the data subject objects to the deletion of the personal data and instead requests to restrict the use of the personal data;
3. the data controller no longer requires the personal data for the purposes of the processing, but the data subject requires the personal data for the establishment, exercise or defense of legal claims; or
4. the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it has not yet been determined whether the legitimate grounds of the data controller prevail over those of the data subject.

(2) Where processing has been restricted pursuant to paragraph 1, processing of such personal data, except for storage, is only permitted with the consent of the data subject or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the EU or a member state.

5.5 Right to data portability according to Art. 20 GDPR

(1) The data subject has the right to obtain personal data concerning him or her, which he or she has provided to a data controller in a structured, commonly used and machine-readable format, and has the right to transmit such data to another data controller without hindrance from the data controller, to whom the personal data have been provided, provided that:

1. the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
2. the processing is carried out with the aid of automated procedures.

(2) When exercising his or her right to data portability pursuant to paragraph 1, the data subject has the right to obtain that the personal data be transferred directly from one data controller to another data controller, where technically feasible.

The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of other persons.

This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

5.6 Right of objection pursuant to Art. 21 GDPR

The data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. The data controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which prevail over the interests, rights and freedom of the data subject, or for the assertion, exercise or defense of legal claims.

In connection with the use of information society services, notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by means of automated procedures using technical specifications.

5.7 Right of withdrawal pursuant to Art. 7 (3) GDPR

The data subject has the right to revoke his/her declaration of consent under data protection law at any time. The revocation of consent will not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

5.8 Right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR.

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the member state of his or her place of residence, place of work or place of the presumed infringement.