1. Name and contact details of Controller and Company Data Protection Officer
This privacy information pertains to data processing by all office locations of our law firm by:
Weitnauer Partnerschaft mbB
Ohmstrasse 22, 80802 Munich, Germany
Phone number: +49 (0)89 - 383995-0
Fax number: +49 (0)89 - 383995-99
The Company Data Protection Officer of Weitnauer Attorneys can be contacted at the above address, attn. Ms. Marion Barowski, or at Datenschutzbeauftragter@weitnauer.net.
2. Collection, storage and deletion of personal data as well as type and purpose and data use
If you retain us to provide legal services or are acting on behalf of a company or another organization that retains us to provide legal services, or if we contact you based on a client relationship, we will collect the following information:
This data is collected in order to:
Data is processed in response to your request and processing is required pursuant to Art. 6 (1), sentence 1, lit. b, GDPR for the above-listed purposes to ensure adequate client service and for the mutual fulfillment of obligations arising from the client contract.
We will also process your data if and to the extent necessary to comply with our legal obligations, such as duties arising from legislation on tracing profits from serious criminal offenses (German Anti-Money Laundering Act). The legal basis for this processing of personal data is Art. 6 (1), sentence 1, lit. c, GDPR.
If, in the course of a client-lawyer relationship, it should become necessary to defend ourselves against liability claims, or if we need to follow up with one of our clients with regard to any outstanding invoices, the associated necessary processing of personal data is based on our legitimate interest in the adequate defense of our legal position pursuant to Art. 6 (1), sentence 1, lit. f, GDPR.
The personal data we collect in the context of client-lawyer relationships will be stored until the end of the legally mandated retention period for attorneys (6 years after the end of the calendar year, in which the client relationship ended) and will then be deleted, unless we are obligated to comply with longer storage requirements due to retention and documentation duties based on tax and trade law (from the German Commercial Code (HGB), German Value Added Tax Code (UStG) or German Revenue Code (AO)) pursuant to Art. 6 (1), sentence 1, lit. c, GDPR, if further processing is required due to ongoing legal disputes, or if you have consented to further storage pursuant to Art. 6 (1), sentence 1, lit. a, GDPR.
3. Visiting our website
When you access our website www.weitnauer.net, the browser deployed on your terminal device will automatically send information to our website server. This information is temporarily saved in a so-called log file. In this process, the following information will be collected without any action on your part and stored until its automated deletion, usually after one week:
The above-listed data will be processed by us for the following purposes:
The legal basis for the processing of personal data is Art. 6 (1), sentence 1, lit. f, GDPR. Our legitimate interest is derived from the above-listed purposes for data collection. We generally do not use collected data for the purpose of drawing conclusions about your person. However, we reserve the right to do so if required to investigate improper page access.
We may offer links to third-party services on our website. However, we are not responsible for the processing of your data by these services.
4. Making contact
If you have questions of any kind, we offer you the option to contact us by telephone or via email. If you make personal data available to us via these routes or through our website (e.g. via a contact form), we will only save and use this data on the basis of Art. 6 (1), sentence 1, lit. a, GDPR, to process your inquiries or on the basis of Art. 6 (1), sentence 1, lit. b, GDPR if the subject of your inquiry relates to (pre-) contractual information. You may revoke your consent to the processing of the provided data at any time by sending an email to Datenschutzbeauftragter@weitnauer.net. In this case, we will delete your data, unless we have a legal retention obligation (for example, if you send us a pre-contractual message via the contact form which then becomes the basis of a contractual relationship or if your message refers to existing contractual relationships).
If you provide us with your email address to subscribe to our newsletter, we will use this email address based on your consent according to Art. 6 (1), sentence 1, lit. a, GDPR, for the purpose of sending you the newsletter. You may object to this use of your email address at any time by sending an email to Datenschutzbeauftragter@weitnauer.net. In this case, we will stop sending you the newsletter and will delete your email address, unless we have a legal retention obligation.
6. Google Analytics
For the purpose of designing and continuously optimizing our websites www.weitnauer.net and www.techlawgermany.net according to our visitors’ needs, we use Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, on the basis of your consent (Art. 6 para. 1 sentence 1 lit. a GDPR), which you can voluntarily give us by clicking on the corresponding button in the "cookie banner" when you call up the website. Data will also regularly be transmitted to Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) as part of the processing described below. Google Ireland Limited and Google LLC are hereinafter jointly referred to as "Google". Google has adopted the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework, and, thereby, ensures that the level of data protection is adequate even when data is processed in the United States.
The Google Analytics cookies collect information about your use of this website, such as
These data are transferred to a Google server in the USA and stored there. Google will use them to evaluate the use of our website, to compile reports on website activity and to provide other services relating to website activity and internet usage to be used by us for market research purposes and to tailor these internet pages to meet our visitors’ requirements. The data may also be transferred to third parties if this is required by law or if third parties act as sub-processors of Google. Under no circumstances will your IP address be merged with other Google data. The IP addresses are regularly anonymized within the European Union or the EEA and only then transferred to the USA, so that an assignment is not possible (IP masking).
You can avert the collection of data generated by the cookie and relating to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also avert Google Analytics from collecting these data by clicking on this link. An opt-out cookie is set to prevent your data from being collected when you visit this website in the future. The opt-out cookie applies only to this browser and only to our website and is placed on your device. If you delete the cookies in this browser, you will need to set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found in the Google Analytics help section (https://support.google.com/analytics/answer/6004245?hl=en).
7. Google Maps
On our websites, we also make use of Google Maps, another service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Data will also regularly be transmitted to Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) as part of the processing described below. Google Ireland Limited and Google LLC are hereinafter jointly referred to as "Google". Google has adopted the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework, and, thereby, ensures that the level of data protection is adequate even when data is processed in the United States.
Google Maps offers an interactive map which enables website visitors to conveniently display our law firm’s offices and have planned a route to either of these locations. By incorporating this service, data of our website visitors may be transmitted to Google. However, this will only happen, once you have declared your express content to such transmission (Art. 6 para. 1 sent. 1 lit. a GDPR).
If you have given us your consent and, therefore, the map is shown to you, Google will receive the information that you have visited the respective subpage of our website. In addition, Google will receive and store on its own servers further information concerning your visit to our website (including your IP address). Please note that such transmissions and storage of data would happen regardless of whether you are logged in to a Google account or not. However, if you are logged in to your Google account, Google will connect the information it received from your visit to our website with your user account.
Google stores such data as usage profiles and uses personal data for purposes of advertising and market research, and/or in order to optimize its own services according to its customers’ needs. Any analysis of personal data by Google will especially serve the purpose of providing you with personalized advertisements and to inform other users about your activities also on our website. Please note that you have a right to object to such profiling, whereby any such objection must be sent directly to Google. If you do not want to have your visit to our website connected to your Google account, we strongly advise you to log-off from your account before consenting to the use of Google Maps on our website.
Further information on the purposes and the scope of the collection and processing of personal data by Google can be found in Google’s privacy information, likewise further information on your rights in this regard and the setting options you have to safeguard your privacy: http://www.google.de/intl/de/policies/privacy.
8. Data disclosure to third parties
Your personal data will not be disclosed to third parties except for the purposes listed below.
Your personal data will be disclosed to third parties to the extent required for processing the client-lawyer relationship with you pursuant to Art. 6 (1), sentence 1, lit. b, GDPR. This includes, in particular, disclosure to opponents and their representatives (especially their attorneys) as well as courts and other government authorities for the purpose of correspondence as well as to establish and defend your rights.
As far as required for fulfilling a client agreement or to establish, exercise or defend legal claims, we will also transmit personal data to countries outside of the European Union or other signatory state of the European Economic Area (third country), or to an international organization. This may particularly be the case in matters with a substantive reference to a third country or an international organization (e.g. negotiations with a party established in a third country). Such data transmissions will occur on the basis of Art. 49 (1), sentence 1, lit. b or lit. e, GDPR, unless there are other guarantees for maintaining an adequate data protection level (for example, an adequacy decision of the EU Commission).
In addition, we maintain contracts with IT service providers as well as infrastructure and platform service providers to process your data. This data processing occurs within the European Union. Our legitimate interest is to guarantee reliable and safe data processing for the performance of our activities and the management of our law firm with the support of professional service providers.
The attorney-client privilege will not be affected. To the extent data are subject to the attorney-client privilege, transmission to third parties will only be made to carefully selected service providers who have entered into a non-disclosure agreement and confidentiality obligation with us pursuant to Sec. 43e, Federal Lawyers’ Act (BRAO) and have received instructions about the criminal nature of breaching attorney-client privilege.
9. Rights of data subjects
You have the following rights:
10. Right to object
To the extent your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1), sentence 1, lit. f, GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21, GDPR on grounds relating to your particular situation.To exercise this right to object, it is sufficient to send an email to Datenschutzbeauftragter@weitnauer.net.