Controller, scope of processing
Mr Raphael Thomas, lawyer (hereinfter „Provider“) is the Controller pursuant to applicable data protection provisions. Please find out further details about the Provider in the imprint section of the Website.
This Privacy Statement only describes the collection and processing of personal data when visiting the websites www.thomasrechtsanwaelte.com and http://startup-lawyers.de/ (hereinafter cumulatively: „Website“) and does expressly not apply to the collection and processing of personal data in the framework of a consultancy or mandate.
The Website operated by the Controller provides for editorial content, information regarding the legal consultancy services offered and contact details. Nothing within the Website can be interpreted as a legal consultancy or an offer to enter into a contract.
Processing of personal data when visiting the Website
We only process personal data referring to users according to applicable statutory provisions and only insofar as it’s necessary to provide a functional Website. When visiting our Website we automatically collect usage data relating to the access, including in particular the URL of the retrieved website, date and time of access, transferred data amount, http-statuscode of the reply to access, browser and HTTP-referrer as well as IP address. Such information is not connected to your personal identity. We store your IP address over a limited period of time in logfiles only if necessary for security purposes. We collect the mentioned data to endure the provision of a functional Website. Furthermore, we process such data in order to analyse, track and evaluate user behavior anonymously and thereby improve and develop our service continuously.
The legal basis for processing is therefore art. 6 par. 1 lit. f) GDPR.
Unless otherwise specified, personal data referring to you are stored only as long as the processing purpose exists. Upon your consent, personal data may be retained longer, until you withdraw your consent. Moreover, the storage of personal data may be required under European or national legislation, such as European regulations, laws or further regulations, which we are subject to. Personal data shall be blocked or erased when the retention period provided by any of the afore – mentioned acts elapses unless a further retention is necessary for the conclusion or performance of a contract.
Transfer outside of the EU/EEA
Unless otherwise specified, all data processing activities take place within the EU or EEA Member States.
Data processing activities performed by third party providers based outside of the mentioned geographical scope may take place in part or in full in the country of the respective establishment and/or according to the applicable data protection provisions.
A transfer of personal data outside the EU or EEA shall only take place on the basis of an adequacy decision of the European Commission, including the adequacy decision regarding the EU-US Privacy Shield, or according to standard data protection clauses adopted by the European Commission. A list of the current adequacy decisions is available on the European Commission’s website. Further information about the EU-US Privacy Shield can be found on the website of the US Department of Commerce.
a) Description and scope of data processing
In order to improve user experience on our Website and enable specific features, we implement so-called cookies on several pages. Cookies are small text files that being placed on your terminal device. Some of the cookies we use are automatically erased as soon as you close your browser (so-called “session cookies”). Other cookies are permanently stored on your terminal device in order to allow us or our partners to identify your browser at your next visit (so-called “persistent cookies”).
Unless otherwise specified, art. 6 par. 1 lit. f) GDPR serves as legal basis for the processing of personal data via cookies.
We implement cookies in order to improve user experience on our Website. Some elements of our webpage require that the accessing browser be recognised even after a page change.
Moreover, we implement cookies in order to monitor and evaluate user behaviour for marketing purposes. Such cookies are provided by third parties integrated in our services. Please find out further details in the following sections. We integrate such cookies in order to monitor the use of our Website and be able to improve it constantly. Thanks to the statistical evidence gathered we are able to improve our offer to you.
On our Website we implement Squarespace’s analytics feature, provided by Squarespace Ireland ltd., Le Pole House, Ship Street Great, Dublin 8. This service allows us to gather information about the usage of our Website for statistical purposes and thereby to improve and adapt our offer to the needs of users. Information such as IP-address, user location, time of access and retrieved website is thereby collected. On the basis of such data we are not able to determine your actual identity. We do process such data only in an aggregated and anonymised manner.
Please find out more about the processing of personal data by Squarespace at: https://www.squarespace.com/privacy
b) retention time, possibility of objection and elimination
Rights of the data subject
If your personal data are processed, you are affected within the meaning of the GDPR and you have the following rights against the Controller:
1. Right to access
You can require the Controller to confirm whether personal data concerning you are processed by us.
If such processing takes place, you can request to be informed by the Controller about the following:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or is still being disclosed;
(4) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the Controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) any available information on the origin of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making including profiling, referred to in Art. 22 para. 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.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transmission.
2. Right to rectification
You have a right to rectification and/or completion against the data Controller if the personal data processed concerning you is inaccurate or incomplete. The Controller shall apply rectifications without undue delay.
3. Right to restriction of processing
Under the following conditions, you may request the restriction of processing of personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you for a period that enables the data Controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) if the data Controller no longer needs the personal data for the purposes of the processing, but you do need them for the establishment, exercise or defence of legal claims or
(4) if you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether the legitimate grounds of the Controller override those of the data subject.
If the processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your 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.
If processing has been restricted according to the above conditions, you will be informed by the Controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You have the right to obtain from the Controller the erasure of personal data concerning you without undue delay and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent, on which the processing was based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you have been unlawfully processed.
(5) The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;
(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.
b) Information to third parties
Where the Controller has made the personal data concerning you public and is obliged pursuant to Art. 17 para. 1 GDPR 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 you, the data subject, have requested the erasure by such Controllers of any links to, or copy or replication of, those personal data.
The right to erasure does apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) 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;
(3) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the right referred to under a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.
5. Right to notification
If you have exercised your right to have the data Controller rectify, erase or limit the processing, the Controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to a Controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit those data to another Controller without hindrance from the Controller to which the personal data have been provided, where:
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by means of automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one Controller to another, where technical feasible. This shall not adversely affect the rights and freedoms of others.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to 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.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time without giving reasons to the processing of the personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
8. Right to withdraw consent
You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR
Amendments to this privacy statement
Due to the dynamic development of the Internet, new technologies and possibilities are constantly developing. To enable us to offer you these possibilities and technologies, we reserve the right to change this privacy statement for the future when introducing new, additional or when changing or extending existing services or service elements.
The modified privacy statement shall apply from the date of its update on the Website.