data protection
The controller within the meaning of the data protection laws is
M. Bo Hillebrand, Lange Str. 75, 24399 Arnis.
With this data protection notice, I inform you (also referred to in the following text as "user" or "data subject") in a general way about data processing in my law firm and in a special way about data processing when you visit my website, contact me via my website contact form, contact me by e-mail or telephone. I will also inform you about my online presence in social media and about your rights with regard to the processing of your data. The term "data processing" always refers to the processing of personal data.
1 General information on data processing
1.1 Categories of personal data
I process the following categories of personal data
Inventory data (e.g. names, addresses, functions, organisational 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 I disclose data to other persons and companies such as web hosts, processors or third parties as part of my processing, transfer it to them or otherwise grant them access to the data, this is done on the basis of legal permission (e.g. if the transfer of data to third parties pursuant to Art. 6 para. 1 lit. b GDPR is required to fulfil a contract), if the data subjects have consented or if a legal obligation provides for this.
1.3 Duration of storage of personal data
The criterion for the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data will be deleted if it is no longer required to achieve the purpose, fulfil the contract or initiate a contract.
1.4 Transfers to third countries
If I process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil my (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of my legitimate interests. Subject to legal or contractual authorisations, I process or have the 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 recognised determination of a level of data protection corresponding to the EU or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
2 Data processing in the context of visiting our website
2.1 Log files
Each time my website is accessed by a data subject, general data and information is stored in the log files of my system:
Date and time of access (timestamp);
Request details and destination address (protocol version, HTTP method, referrer, user agent string);
Name of the retrieved file and amount of data transferred (requested URL incl. query string, size in bytes);
Message as to whether the request was successful (HTTP status code).
When using this general data and information, I do not draw any conclusions about the data subject. There is no personalised analysis or analysis 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 lit. f GDPR. The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the secure operation of my website. Consequently, there is no possibility for the data subject to object.
2.2 Malware detection and log data analysis
I collect log data that is generated during the operation of my law firm's communication technology and evaluate it automatically, insofar as this is necessary for the detection, limitation or elimination of malfunctions or errors in the communication technology or the defence against attacks on my information technology or the detection and defence against malware.
The legal basis for the temporary storage and evaluation of the data is Art. 6 para. 1 lit. f GDPR. The storage and analysis of the data is absolutely necessary for the provision of the website and for its secure operation. Consequently, the data subject has no option to object.
2.3 Cookies
Cookies are used on my 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 by it to my website. You can restrict or prevent the use of cookies by selecting the appropriate settings in the web browser you are using. Cookies that have already been saved can be deleted at any time. If cookies are deactivated for my 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 Art. 6 para. 1 lit. f GDPR.
2.4 Hosting
The hosting services I use serve to provide the following services Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that I use for the purpose of operating my website.
In doing so, I or my processors process inventory data, contact data, content data, contract data, usage data, meta and communication data of users of my website on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a contract for order processing).
3 Data processing in the context of making contact
3.1 Making contact by email
You can contact my law firm by email using the email addresses published on my website.
If you use this contact method, the data you provide (e.g. surname, first name, address), but at least the e-mail address, as well as the information contained in the e-mail and any 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 my system
IP address of the accessing 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 me is Art. 6 para. 1 lit. b or lit. f GDPR.
3.2 Making contact via the website contact form
If you use the contact form provided on my website for communication, you must provide your surname and first name as well as your e-mail address. Without this data, your request sent via the contact form cannot be processed. Providing your address is optional and enables me to process your request by post if you wish.
The following data is also collected by my system
IP address of the accessing computer;
Date and time of registration.
The legal basis for the processing of personal data in the context of e-mails sent to us is Art. 6 para. 1 lit. b or lit. f GDPR.
3.3 Contact by letter and fax
If you send me a letter or fax, the data transmitted by you (e.g. surname, first name, address) and the information contained in the letter or fax, together with any 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 me is Art. 6 para. 1 lit. b or lit. f 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
(1) The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information
(a) the purposes of the processing;
b) the categories of personal data being processed
c) 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 organisations
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
f) the existence of a right to lodge a complaint with a supervisory authority
g) where the personal data are not collected from the data subject, any available information as to their source
h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
(2) Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.
5.2 Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
6.3 Right to erasure
(1) The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(a) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
b) The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
c) 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.
d) The personal data have been processed unlawfully.
e) The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
f) The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
(2) Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
(3) Paragraphs 1 and 2 shall not apply to the extent that processing is necessary
a) for exercising the right of freedom of expression and information;
b) 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
c) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h) and i) and Art. 9 para. 3 GDPR;
d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1), insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e) for the establishment, exercise or defence of legal claims.
5.4 Right to restriction of processing
(1) The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies
(a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead
c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or
d) the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
(2) Where processing has been restricted pursuant to paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent 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.
5.5 Right to data portability
(1) The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where
a) the processing is based on consent pursuant to Art. 6 para. 1 lit. a) or Art. 9 para. 2 lit. a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. b) GDPR and
b) the processing is carried out by automated means.
(2) In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
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 controller.
5.6 Right to object
The data subject has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
5.7 Right of cancellation
The data subject has the right to withdraw their declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
5.8 Right to lodge a complaint with a supervisory authority
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 habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
6 Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will first be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. This website uses Google Analytics with the extension "_anonymiseIp()". This means that IP addresses are further processed in abbreviated form so that they cannot be linked to a specific person. If the data collected about you is personally identifiable, it is immediately excluded and the personal data is deleted immediately.
I use Google Analytics to analyse and regularly improve the use of my website. I can use the statistics obtained to improve my offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f GDPR.2 Information from the third-party provider: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions: http://www.google.com/analytics/terms/de.html, overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, as well as the privacy policy: http://www.google.de/intl/de/policies/privacy. We have concluded a contract with Google for commissioned data processing.
This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under "My data", "Personal data".