Privacy statement

How we handle your data

I. The name and contact information of those accountable for the usage of your data

The responsible party, in relation to basic data usage and party to basic data and privacy laws along with other EU regulations is:

Berger Groß Höhmann & Partner Rechtsanwälte, Danziger Str. 56, 10435 Berlin, Deutschland, Tel.: 030 – 440 3300, E-Mail: anwalt@bghp.de, Website: www.bghp.de

II.  The name and contact information of the commissioned data protection manager

The chosen oversight provider for us (Berger, Groß, Höhmann & Partner Rechtsanwälte) is:

René Rautenberg, René Rautenberg GmbH, Großbeerenstraße 2-10, 12107 Berlin
Telefon: 089 552 9 4 87 0, Fax: 089 552 9 4 87 9,
Mail:
rene.rautenberg@ersecure.de , Web.: http://www.er-secure.de

III. General information to data usage
     
1. Reach of usage of personal data

We limit the usage of our user’s data to the minimum necessary to provide a functional and effective Website. Further usage of user’s information regularly follows further permission from the user. Exceptions occur in cases where it is impossible to obtain permission from the users and where this is legally permitted. We do not sell or give your data to third parties (We do not use any social media Plug-ins e.g. Facebook etc.).

    
2. Legal framework for the usage of personal data

As long as we have permission, our usage of personal data follows Art. 1. Paragraph 1 lit. a of the EU-General Data Protection Regulation (GDPR). The usage of data to complete an agreement in which the user is party, follows Art. 6. Paragraph 1. Lit. b. of GDPR. This also goes for data usage which is necessary for precontractual purposes. If personal data is necessary for legal purposes, Art. 6. Paragraph 1. Lit. c. of GDPR will be used as a basis for our actions. In the case that this personal data is necessary in a life endangering situation of the user or other individual, we will follow Art. 6. Paragraph 1. Lit. d. of GDPR. If the usage of the data is of paramount importance to us or a third party and does not go against the wills of the user, Art. 6. Paragraph 1. Lit. e. of GDPR will be put into effect.

     
3. Erasure of data and length of storage

Personal data of the user or individual in question is immediately erased or made inaccessible as soon as the purpose of storage is achieved. Storage of this data may occur through EU or national regulations in accordance with other EU laws, which the user is party to. The erasure or disabling of this data will then occur when the previous regulations storage time has expired, unless a contract or further contractual usage of them must be fulfilled.


IV. Employment of the website and creation of Logfiles
     
1. Description of the extent of data usage

By the usage of our website, our website automatically collects data and information of the computer using our website. The following data is collected:

(1)   Browser type and version
(2)   Operating system of the user
(3)   IP address of the user
(4)   Date and time of access to the website
(5)   Websites that may direct the user’s system to ours
(6)   Websites that our website may direct the user to
(7)   The amount of data which was transmitted (in bytes)
     

2. Legal basis for data usage

The legal foundation for data usage and storage of Logfiles is done under Art. 6. Paragraph 1. Lit. f. of GDPR.

  
3. Purpose of data usage

The short term storage of IP-addresses is necessary to provide the website to the user. Therefore, we store the IP-address for the length of the connection to the website. The storage of Log files are necessary for us to check and fix functional errors of the website. This data has sole purpose of optimizing our website and protecting our servers. This follows Art. 6. Paragraph 1. Lit. f. of GDPR.
     

4. Length of storage

Your data is erased as soon as they are no longer necessary to complete a service. If the data is being used to provide the website to you, it will be deleted as soon as your connection terminates.

Your data (and log files) will be deleted after seven days, and a new connection will have to be established. A general storage is possible. In this case, we will delete the IP-addresses of users so that the connection must be reestablished.

 
5. Opposition opportunities

The usage of data (log files included) is of the utmost importance to provide our website to the user. Therefore, there is no opposition opportunity.


V. Usage of Cookies

We do not use cookies.


VI. Contact forms and e-mail communication

1. Description and breadth of data usage

We offer the opportunity for users to contact us with questions of any type. If the user does take this opportunity and fills out our form, their information will be saved and sent to us. This includes (*is necessary): first* and last* name, company, full address, telephone number*, e-mail*, further info or message and safety code*. On top of that, the date and time of access to our website is noted. Our policy on data usage should be noted and is hinted at when one does see the email. An alternative would be our noting and saving of contact information within the email. In this case the information would be secure as long as the email is, which we can not ensure. But we will not pass any of this information on to a third party, they are only used by us to establish contact with you.  
 

2. Legal basis for data usage

The basis for the usage of data, with the necessary agreement of the user, is based on Art. 6. Paragraph 1. Lit. a. of GDPR. For the legality surrounding the transfer of information to us, please refer to Art. 6. Paragraph 1. Lit. f. of GDPR. If the transfer of personal information occurs as part of a contract, please refer to Art. 6. Paragraph 1. Lit. b. of GDPR.

     
3. Purpose of data usage

The usage of personal data from the forms and email mainly serve to allow us to contact you. In the case that you do contact us via E-mail, it is necessary that we use your information so that we can respond to you. We also use your information to reference our database, as to prevent a conflict of interest between us (and one of our current clients) and you. The other information gathered from the sending procedure of the formula serve to protect our servers and website. The usage of a safety code should prevent that machines cannot contact us with spam, advertisement, DoS attacks etc.

    
4. Length of storage

The data is erased as soon as the goal it is required for is reached. For personal information and information from the E-mails, the goal is having completed all communications with the user. The communications are considered done when the subject have the communications has had an end (at least in relation to the user).

  
5. Opposition and comments

The user always has the right to prevent any future usage of personal information. By revoking permission to use the information, the user will not question the legality of previous usage of the information. To revoke permission please contact us via email (at anwalt@bghp.de) or via the form on our website by saying “revoke data usage permission as of [date]”. All personal data that has been gathered through the contact process will thus be erased. In the case that the user revokes permission, contact will not be able to continue.


VII. Rights of users

If personal data is used, users (under GDPR) have the following rights in relation to the users pf the data (in this case: Berger Groß Höhmann & Partner Rechtsanwälte, Danziger Str. 56, 10435 Berlin)
 

1. Right of information

Users have the right to request information on the usage of their personal information by Berger Groß Höhmann & Partner Rechtsanwälte, Danziger Str. 56, 10435 Berlin. If the user’s data is being used, users have the right to request information about:

(1)   The reason why their personal information is being used;
(2)   The types of personal data that are being used;
(3)   The people (specifically the type of people) that have access to the information
and who is using it;
(4)   The planned storage time of this data and the goal that should be achieved before
the information will be deleted;
(5)   The right to correct or delete, correct, or set boundaries tot he usage of personal
information;
(6)   The right to complain to the oversight body;
(7)   The right to learn the origin of their information
(8)   The right to know about the automized usage of their information
(under Art. 22 Paragraph 1 and 4 of GDPR).

  
2. Right on corrections

Users have the right to correct or add to their personal information, as long as the information being used by: Berger Groß Höhmann & Partner Rechtsanwälte, Danziger Str. 56, 10435 Berlin is either incomplete or incorrect.

3. Right on restriction of usage

Users have the right to restrict the usage of information in the following ways:

(1)   If the data being used is incorrect, you have the right to appeal to the responsible
to check the data;
(2)   The usage of data is improper and you would like to restrict the range of its
usage;
(3)   Those responsible for the processing the usage of your data is no longer
necessary and check if they are needed
(4)   And if the restriction on the usage of data is in accordance with
Art. 21 Paragraph 1 of GDPR and you are unclear if the reasoning of the responsible fits their goal.  If you wish to restrict your data it can only be fully used if it is in the interest of the European Union as a whole, a EU member state or vital to the life of another individual;

4. Right of deletion

A)    Obligation to delete

You can request that Berger Groß Höhmann & Partner Rechtsanwälte, Danziger Str. 56, 10435 Berlin completely deletes your personal information, if one of the following scenarios/reasons apply:

(1)    The data is no longer needed for its original purpose.
(2)   You revoke your permission to access the information as of
Art. 6 Paragraph 1 lit. a or Art. 9 Paragraph 2 lit. a GDPR and there is no further legal foundation for their usage.
(3)   You follow Art. 21 Paragraph 1 GDPR against the usage of your data
or follow Art. 21 Paragraph 2 GDPR to revoke your permission
(4)   Your data was used improperly
(5)   The deletion of your data is necessary due to a contract or legality
of a EU member state with responsibility
(6)   Your personal data was used against Art. 8 Paragraph 1 GDPR

B)    Information to third parties

If your data has been released by its processer, you have the right (following Art. 17 paragraph 1 GDPR) to request the deletion of said information. All of the information must then be released, including all of the information related to it.

C)    Exceptions

The right of deletion does not exist if one of the following cases/scenarios are true:

(1)   The right to freedom of information and free expression
(2)   One must fulfill the processing as the rights of the EU or the responsible member
state demands. Or if the processing lies in the interest of the general will or to prevent violence
(3)   The public interest and safety following Art. 9 Paragraph 2 lit. h and I along with
Art. 9 Paragraph 3 GDPR
(4)   The general interest’s archival or scientific or research purposes following
Art. 89 Paragraph 1 GDPR as long as (the following is included under part A) this deletion would make those goals difficult or impossible or
(5)   To impose or protect the legal claim of the user or others

    
5. Right to be educated

If you have put one of the mentioned rights into action, the user of the information is required to contact all people with access to the information and to delete it and/or educate them on the situation. The ones responsible in this case are Berger Groß Höhmann & Partner Rechtsanwälte, Danziger Str. 56, 10435 Berlin.


6. Right of data copying

You have the to see who Berger Groß Höhmann & Partner Rechtsanwälte, Danziger Str. 56, 10435 Berlin has given access to your data to. You also have the right to immediately transfer this information to whomever you want.

(1)   The processing following Art. 6 Paragraph 1 lit. a GDPR or
Art. 9 Paragraph 2 lit. a or following a contract as in Art. 6 Paragraph 1 lit. b GDPR and
(2)   The processing of information used automization

    
7. Right to opposition

You always have the right to oppose the usage of your data following Art. 6 Paragraph 1. Lit. e or f GDPR, be it do to your specific situation, misuse of your data. The responsible (Berger Groß Höhmann & Partner Rechtsanwälte, Danziger Str. 56, 10435 Berlin) will no longer be able to use your information, unless they can prove pressing reasons for the usage of the information (as were previously stated).

If your personal information is used for targeted advertisement, you will always have the right to oppose this, even if the information is solely used for profiling. Your opposition to direct advertisement should lead to the removal of said ads.

You have the opportunity, in relation to information corporations – excepting the directive 2002/58/EG – to oppose the automatic usage of your data

8. Right to withdraw from this agreement

You have the right to withdraw your consent to this privacy statement at any time. Through the withdrawal from this agreement, no further usage of your information will occur.

9. Automated decisions and profiling

You have the right to not have your information mainly processed by a computer – to profile you- in cases that may aid a decision. This is not true, if the decision

(1)    For the completion of a contract between you and the user of the information
(2)    Following the legality following EU guidelines or the member state which is
responsible in this case believes that this is necessary for the general interest of its peoples
(3)    Follows their explicit consent

However the decision may not be made, based on certain criteria from the user, following Art. 9 Paragraph 1 and Paragraph 2 lit a. or g of GDPR and fitting processes to protect the rights and freedom while following their interests.

In accordance with the cases mentioned in (1) and (3) the proper cautions must be taken to protect the freedom and protection, the responsible party has the right to explain their standpoint and dispute the decision.

10. Right to complain to the oversight committee

If there is no other legal hurdle or mandate to prevent them, the user has the right to file a complaint with the proper authorities. In this case, if your data was handled in ways described as illegal in GDPR, the person to file a complaint with is:

Berliner Beauftragte für Datenschutz und Informationsfreiheit (Appointed data protection and freedom commisioner, Berlin),

Frau Maja Smoltczyk, Friedrichstraße 219, 10969 Berlin, Besuchereingang: Puttkamer Straße 16 - 18 (5. Etage), Telefon: 030/138 89-0, Telefax: 030/215 50 50;

E-Mail: mailbox@datenschutz-berlin.de

Homepage: http://www.datenschutz-berlin.de

VIII. Data Security

Our website uses SSL protocols (Secure Socket Layer) to connect with you (we use the highest encryption that your browser allows). Usually we use a 256 bit encryption, but we will use a 128 bit encryption if your browser can not support it. Information put into our general form or our form for our newsletter are also sent to us via encryption. We use strong technological security measures to protect your data from manipulation, destruction or passage into the wrong hands. Our protocols and technology is ongoing being improved, as to be as effective as possible.


IX. Updates of this agreement

This privacy statement is currently valid and was updated in July 2018. Due to ongoing improvements of our website and security, we may need to change our privacy statement. The current privacy statement can always be found on our website at and www.bghp.de/privacystatement can be viewed or printed at your leisure

Impressum
Privacy statement