PRIVACY

Information on Data Processing

(This is a convenience translation. Legally binding is only the German version available at www.godefroid-pielorz.de/deutsch/datenschutz.)

1. Details of the Person Responsible for Data Processing and of the Data Protection Officer

This data protection information is applicable on data processing by:

Godefroid & Pielorz Partnerschaftsgesellschaft von Rechtsanwälten mbB
(hereafter referred to as: Godefroid & Pielorz)

Grafenberger Allee 87
D-40237 Düsseldorf
Germany

e-mail: gp@godefroid-pielorz.de
phone: +49 (0)211 96 89 30
fax: +49 (0)211 66 45 43

The data protection officer of Godefroid & Pielorz can be reached at the above-mentioned address, c/o Datenschutzbeauftragter or at the above-mentioned phone or fax-number as well as by e-mail to datenschutz@godefroid-pielorz.de.

2. Collection and Storage of Personal Data and the Way and Purposes of their Processing

a) When Visiting our Website

When you visit our website www.godefroid-pielorz.de the browser used on your terminal automatically sends information to the server of our website. This information will be temporarily stored in a so-called logfile. Hence, the following information will be gathered without your acting and stored until the automated deletion:

  • IP-address of the requesting computer (anonymised),
  • date and time of the access,
  • name and URL of the retrieved file,
  • website, from which the access has been made (referrer-URL),
  • used browser and, if applicable, the operating system of your computer and the name of your access-provider.

The above-mentioned data are processed for the following purposes:

  • to ensure a fluent connection setup of the website,
  • to ensure a comfortable use of our website,
  • evaluation of system security and stability, and
  • for further administrative purposes.

The legal basis for the data processing is Article 6 subsec. 1 phrase 1 letter f of the European General Data Protection Regulation (GDPR). Our legitimate interest derives from the purposes for the data collection as set out above in this item 2 letter a of this information on data processing. In any case we will not use the collected data to the purpose to draw conclusions about your person.

b) When Contacting us by Phone, Fax, E-Mail, Letter or in any other Way

When you contact us (if applicable, for a person represented by you) by phone, fax, e-mail, letter or in any other way we collect the following information of you (and, if applicable, of the person represented by you):

  • form of address, forename, surname, title (if applicable)
  • a valid e-mail-address
  • address,
  • phone number (fixed-line and/or mobile), fax number (if applicable)

The collection of this data is made,

  • to identify you (and, if applicable, the person represented by you) as our correspondence partner (or as his representative);
  • to be able to reply to you (or, if applicable, to the person represented by you) to your contacting appropriately;
  • for the further correspondence with you (or, if applicable, the person represented by you);
  • to prove the content, time, and other circumstances of the correspondence led with you (or, if applicable, with the person represented by you).

The data processing when contacting us is made according to Article 6 subsec. 1 phrase 1 letter a GDPR based on your given consent with regard to the voluntarily transmitted data, according to Article 6 subsec. 1 phrase 1 letter b GDPR, if applicable, in order to take steps at your request prior to entering into a contract, and based on Article 6 subsec. 1 phrase 1 letter f GDPR. Our legitimate interest derives from the purposes for the data collection as set out above in this item 2 letter b of this information on data processing.

The personal data collected by us when contacting us will be stored at least until the end of the statutory obligation of lawyers to preserve records (six years after the end of the calendar year in which the correspondence has been terminated) and will be deleted afterwards unless we are obliged to a longer storage according to Article 6 subsec. 1 phrase 1 letter c GDPR due to penal, tax, and/or commercial obligations to preserve records and to document (for example, according to the German Penal Code [StGB], the German Tax Code [AO] or the German Commercial Code [HGB]) or you have given your consent to an exceeding storage according to Article 6 subsec. 1 phrase 1 letter a GDPR.

The provision of personal data when contacting us is no statutory or contractual requirement, however, it is necessary for a possible conclusion of a contract with you (or, if applicable, with the person represented by you). A failure to provide might result in us being unable to reply to you and to conclude any contract.

There does not exist an automated decision-making with us.

c) When Mandating

If you mandate or have mandated us (if applicable, for a person represented by you) or if you communicate with us for a client, we collect the following information of you (and, if applicable, of the person represented by you):

  • form of address, forename, surname, title (if applicable)
  • a valid e-mail-address
  • address
  • phone number (fixed-line and/or mobile), fax number (if applicable)
  • information, which is necessary for the assertion and defence of your legal claims (or, if applicable, the legal claims of the person represented by you) under the mandate (for example, bank details)

The collection of this data is made,

  • to identify you (and, if applicable, the person represented by you) as our client (or as his representative);
  • to be able to advise and represent you (or, if applicable, the person represented by you) appropriately as a lawyer;
  • for the correspondence with you (or, if applicable, the person represented by you);
  • for invoicing;
  • to execute possible reciprocal claims arising from the client-lawyer relationship;
  • to verify possible conflicts of interests.

The data processing is made at your request and necessary according to Article 6 subsec. 1 phrase 1 letter b GDPR for the above-mentioned purposes for an appropriate treatment of the mandate, and for the mutual fulfilment of obligations under the mandate contract. Furthermore, the data processing is necessary according to Article 6 subsec. 1 phrase 1 letter c GDPR to fulfil our legal obligation to verify and to avoid conflicts of interests. In addition, the data procession is made according to Article 6 subsec. 1 phrase 1 letter a GDPR based on your given consent with regard to the voluntarily transmitted data, and according to Article 6 subsec. 1 phrase 1 letter f GDPR. Our legitimate interest derives from the purposes for the data collection as set out above in this item 2 letter c of this information on data processing.

The personal data collected by us when mandating us will be stored at least until the end of the statutory obligation of lawyers to preserve records (six years after the end of the calendar year in which the mandate has been terminated) and will be deleted afterwards unless we are obliged to a longer storage according to Article 6 subsec. 1 phrase 1 letter c GDPR due to penal, tax, and/or commercial obligations to preserve records and to document (for example, according to the German Penal Code [StGB], the German Tax Code [AO] or the German Commercial Code [HGB]) or you have given your consent to an exceeding storage according to Article 6 subsec. 1 phrase 1 letter a GDPR.

The provision of personal data is no statutory or contractual requirement, however, it is necessary for a conclusion of a mandate contract with you (or, if applicable, with the person represented by you). A failure to provide might result in us being unable to accept the mandate.

There does not exist an automated decision-making with us.

3. Transfer of Data to Third Parties

A transfer of your personal data to third parties for other purposes as set out below will not take place.

We only transfer your personal data to third parties if:

  • you have given your explicit consent thereto according to Article 6 subsec. 1 phrase 1 letter a GDPR, or
  • it is necessary according to Article 6 subsec. 1 phrase 1 letter b GDPR for executing any client-lawyer relationships with you (or, if applicable, a person represented by you) or required by statutes; this includes in particular the transfer to opponents in legal procedures and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of correspondence and for the assertion and defence of your legal claims (or, if applicable, the legal claims of the person represented by you), or
  • the transfer is necessary according to Article 6 subsec. 1 phrase 1 letter f GDPR for the assertion, exercise or defence of legal claims and there is no reason to assume that you (or, if applicable, a person represented by you) have an overriding legitimate interests against the transfer of your data, or
  • there is a statutory obligation to transfer according to Article 6 subsec 1 phrase 1 letter c GDPR, or
  • it is allowed by statute and necessary according to Article 6 subsec. 1 phrase 1 letter b GDPR for the execution of contractual relationships with you (or, if applicable, with a person represented by you), for example, to processors according to Article 28 GDPR.

The attorney-client privilege remains unaffected. As far as data are concerned which are subject to the attorney-client privilege a transfer to third parties will only be made in agreement with you as our client (or, if applicable, with the person represented by you).

4. Your Rights as Data Subject

You have the right:

  • according to Article 7 subsec. 3 GDPR to withdraw a once given consent to process your personal data at any time (for example via e-mail to gp@godefroid-pielorz.de). This will lead to the consequence that we are not allowed to continue the data processing as far as it was based on this consent, however, the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal;
  • according to Article 15 GDPR to obtain information about your personal data being processed by us. In particular you may request information on the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom the personal data have been or will be disclosed, the envisaged period of storage or, if this is not possible, the criteria used to determine that period, the existence of the right to rectification, erasure, restriction of processing or objection, the right to lodge a complaint with a supervisory authority, the source of your data (or, if applicable, of a person represented by you), unless these have been collected from you, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
  • according to Article 16 GDPR to obtain without undue delay the rectification of inaccurate or the completion of incomplete personal data concerning you (or, if applicable, a person represented by you), which are stored by us;
  • according to Article 17 GDPR to obtain the erasure of personal data concerning you (or, if applicable, a person represented by you), which are stored by us, without undue delay if:
    • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; or
    • you withdraw consent on which the processing is based according to Article 6 subsec. 1 letter a or Article 9 subsec. 2 letter a GDPR, and there is no other legal ground for the processing; or
    • you have objected to the processing pursuant to Article 21 subsec. 1 GDPR and there are no overriding legitimate grounds for the processing, or you have objected to the processing pursuant to Article 21 subsec. 2 GDPR; or
    • the personal data have been unlawfully processed; or
    • the erasure of the personal data is necessary for compliance with a legal obligation to which we are subject; or

    the personal data have been collected in relation to the offer of information society services referred to in Article 8 subsec. 1 GDPR, if the processing is not necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for the performance of a task carried out in the public interest or for the assertion, exercise or defence of legal claims;

  • according to Article 18 GDPR to obtain from us restriction of processing of personal data concerning you (or, if applicable, a person represented by you), if
    • the accuracy of the personal data is contested by you, or
    • the processing is unlawful and you oppose the erasure of the personal data, or
    • we no longer need the personal data for the purposes of the processing, but they are required by you for the assertion, exercise or defence of legal claims or
    • you (or, if applicable, a person represented by you) have objected to processing pursuant to Article 21 subsec. 1 GDPR pending the verification whether our legitimate grounds override those of you.
  • according to Article 20 GDPR to receive the personal data concerning you (or, if applicable, a person represented by you), which you have provided to us, in a structured, commonly used and machine-readable format or request the transmission of those data to another controller if the processing is carried out by automated means; and
  • according to Article 77 GDPR to lodge a complaint with a supervisory authority. Usually you may refer to the supervisory authority of your habitual residence or place of work or of the seat of our law firm.

5. Your Right to Object

As far as your personal data are processed on the basis of legitimate interests according to Article 6 subsec. 1 phrase 1 letter f GDPR you have the right according to Article 21 GDPR to object to the processing of your personal data on grounds relating to your particular situation, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the assertion, exercise or defence of legal claims.

6. Currentness and Modifications of this Information on Data Processing

Due to the development of our website and offerings on it or due to modified statutory or regulatory requirements it may become necessary to modify this information on data processing. The respectively current information on data processing may be retrieved and printed at any time on the website at http://www.godefroid-pielorz.de/english/privacy.htm.

Godefroid & Pielorz