At the law firm BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH, we are pleased that you are interested in our website and wish to make your online visit to our internet presence as convenient as possible for you. We are placing great value on the protection of your individual privacy. Below you will therefore find information on the handling of your personal data and your respective rights.
A. Controlling body / Data protection officer
With regard to the processing of your personal data in connection with this internet presence, we are the "Controller" within the meaning of Art. 4 No. 7 of the General Data Protection Regulation (Datenschutzgrundverordnung; DSGVO).
In this function we can be reached as follows:
BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH
Phone: +49 (89) 35065 - 0
Fax: +49 89 35065 - 123
Legal representatives: Georg Philipp Cotta, Dr Thomas Drosdeck, Dr Maximilian Emanuel Elspas, Dr Detlef Koch, Dr Guido Krüger, Dr Hans-Peter Mechlem, Frank Obermann, Frank Oprée, Prof Dr Hans-Josef Vogel
Our data protection officer can be contacted by e-mail to:Datenschutz@bblaw.com
This Data Privacy Notice applies to the present internet presence, operated by us (hereinafter also referred to as "Website") as well as to further processing activities in connection with advertising and communication measures of our law firm described below. Should our internet presence also facilitate access to the offers of other providers ("Third Party Offers"), our Data Privacy Notice shall not apply to such Third Party Offers. In this case we are also not responsible for the processing of your personal data within the context of such Third Party Offers as defined in Art. 4 No. 7 GDPR.
B. Nature and Volume of Data Processing
1. Processing of access data
You may visit our Website without providing any personal information. We merely store the following access data in server log files:
- Host name of accessing computer,
- IP address (anonymised),
- date and time of Website retrievals,
- type of browser,
- operating system,
- Website previously visited.
Such data shall be analysed exclusively to ensure a proper operation of the Website.
The IP address can be personal data due to the fact that, under certain circumstances and with information provided by the respective internet provider, it is possible to identify the specific individual that has used the Internet access. However, the IP address is processed and stored solely in anonymised form, without reference to a specific individual.
We provide the above data to the web agency, acting as processor for us and rendering services in the field of web analysis to us.
2. Data processing to process your requests
We collect such personal data you have deliberately provided when you established contact with us, in particular by e-mail.
Such data are processed only for the correspondence with you and for the purpose for which you have made the data available, always in the context of this communication, as for instance to process your request or to contact you at your request. In this case the processing of personal data is carried out with your consent and is permissible pursuant to Art. 6 (1) lit. a GDPR.
After completion of your request, your data are blocked for further use and erased upon expiry of any storage terms, if so required, unless you have given your express consent to further use of your data, or unless we are otherwise entitled to storage.
3. Data processing related to newsletter subscription, invitations to events
If you sign up for our e-mail newsletters on our Website, we will collect the following personal data:
- E-mail address
- Choice of newsletter topics you would like to receive
- Confirmation that you have taken note of our Data Privacy Statement
- Date & time when you have given your consent
The e-mail address and the choice of topics are collected for the dispatch of newsletters by e-mail to you. We are entitled to processing these data pursuant to Art. 6 (1) lit. a GDPR. The application procedure and therefore your consent will be recorded, as the time at which the order was placed is logged. The legal basis of the processing operation of the aforementioned data is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR which results from the necessity to document that the consent for the dispatch of the newsletters has been given in order to be able to prove this in case of doubt. Due to a legitimate interest we shall also store your confirmation of having taken note of our Data Privacy Statement, as we can document our compliance with data privacy and data protection duties this way.
Additional details such as your first and last name including title and your industry may be provided optionally. If you provide us with such data, we will use them to personalise our e-mails to you as well as to create a newsletter offer in your interest and benefit. Pursuant to Art. 6 (1) lit. a GDPR we shall be entitled to do so due to your consent given automatically by voluntarily supplying such data.
You can unsubscribe to newsletters at any time, via a link provided for this purpose in each newsletter or by e-mail notice to the following address:firstname.lastname@example.org
If you revoke your consent by unsubscribing from the newsletter, we shall erase the data you have provided in connection with the subscription of the newsletter insofar as there are no statutory retention responsibilities or we are not otherwise entitled to store.
Should you provide us with your postal and/or electronic contact details (mailing and/or e-mail address) for this purpose, we will use such data to issue invitations to you to take part in events either organised by us or with our participation. By providing additional details such as your first and last name including title and your industry you allow us to personalise such invitations, taking account of your personal fields of interest.
If you register your participation in an event organised by us, we will use your personal information to confirm your registration and to prepare a list of participants. These lists of participants are forwarded to the respective speaker or event manager.
All of the processing operations described above are made strictly on the basis of your consent within the meaning of Art. 6 (1) lit. a) GDPR. You may revoke your consent at any time with effect for the future. Upon revocation we will erase the personal information provided by you, insofar as there are no statutory retention periods or we are not otherwise entitled to storage.
4. Processing of applicant data
In the event that you apply for a job via our Website, we shall collect the following data during this process:
- Title, last name, first name
- E-mail address
- Further information and documents such as cover letter, curriculum vitae, certificates, etc. which you have provided to us in context of your application
Your data will only be used for the decision on whether to establish an employment relation-ship with you and is internally forwarded only to the responsible contact persons who will decide on the staffing of the position you are interested in. If you do not apply for a specific vacancy (unsolicited application), we shall use your data with regard to all positions, vacant at the moment of your application, meeting your requirements.
We are entitled to processing these data pursuant to Art. 88 GDPR in conjunction with section 26 (1) 1 German Federal Data Protection Act (new version).
We will erase your data after completion of the application process upon expiry of a retention period of 6 months. Any further storage shall be carried out only if you have given your consent to participate in the BEITEN BURKHARDT talent pool. We are using the talent pool when searching for suitable candidates. In this case all your data can be accessed and viewed by BEITEN BURKHARDT's practice groups and staff members involved in the application process to check whether your profile matches the requirements of current job vacancies. We shall erase your career data stored for the talent pool shall after 2 years, unless you request earlier erasure from us.
For more information please refer to the detailed Data Privacy Statement for Job Applicants under here.
5. Use of unsolicited data
Should you provide us in other cases with your personal data without being requested (e.g. handing over a business card, forwarding by post or e-mail), we shall include these data into the address management software and store it there. This is performed on the basis of Art. 6 (1) lit. f GDPR and our legitimate interest in an efficient management of business contact data as well as to ensure the data protection compliant use of such data. These data shall be erased if so requested by you, insofar as there are no statutory retention responsibil-ities or we are not otherwise entitled to store such data.
For the purpose of statistical analysis of our Internet offer, our Website generates so-called cookies which store and evaluate your visits to our Website. Cookies are small text files placed on your computer to help the Website analyse how you use the site. This Website uses MATOMO (former name: PIWIK), an open source software using cookies for statistical analysis of visitor accesses. In the course of this process the following information is collected and stored by our own server:
- IP address (is anonymised before its storage)
- date and time of Website retrieval
- data in respect of the device (type of browser, operating system)
- place of Website access
- pages accessed
- website previously visited
There will be no disclosure of data to third parties. As regards our Website, MATOMO is preset in such a way that the function "Automatically Anonymize Visitors IPs" is activated. Accordingly, the IP addresses are not stored in full but only in an anonymised form so that that the identification of visitors is not possible. Anonymous statistical data are stored separately from any personal data perhaps supplied by you so as to not allow any conclusions as to a certain individual.
Further information can be obtained from https://matomo.org/docs/privacy.
The application of MATOMO is based on Art. 6 (1) lit. f DSGVO. Our legitimate interest in the statistical analysis of our internet offer is based on the wish to ensure constant improvement of the user friendliness. Data shall be erased as soon as they are no longer needed for our recordings.
Objections to Webtracking
7. Use of Facebook, Twitter, XING and LinkedIn plug-ins
The BEITEN BURKHARDT Blog uses so-called social media plug-ins of the following third party platforms:
To increase the protection of your data when visiting our Internet offer, the plug-ins are integrated into the site by means of the so-called "two-click solution" of Heise Online. Such integration assures that when a page of our Internet presence, containing such a plug-in, is retrieved a connection with the server of the respective provider has not yet been established. Your browser shall establish a direct connection to the server of the providers not before you have activated the plug-ins and thus given your consent to the data transfer. The related provider shall then directly transfer the content of the respective plug-in to your browser and integrate it into the page. Through integration of the plug-ins the provider are provided with the information that your browser has called up the corresponding page of our Internet presence, even if you have not registered a profile with the respective provider or you are right then just not logged into the services of the respective provider. Your browser shall immediately forward this information (including your IP address) to a server of the respective provider, if necessary to a non-European country and store it there.
Once you have logged into one of the services of the providers, these providers can assign your visit to our Internet presence to your profile / account with the respective provider. If you interact with these plug-ins, for example by clicking the Like button or the Twitter button, this information is also directly transferred to the server of the providers and stored there. The information will also be published on the social network or your social media account and is displayed there for your contacts. If you do not want the provider to directly link the infor-mation collected through our Internet presence to your profile / account with the respective social network, you must log out of the respective social network before activating the plug-ins.
For further information concerning the scope and purpose for which data is stored, processed and used by the providers, as well as for information on your respective rights and setting options to have your privacy respected, please refer to the corresponding privacy notices of the providers.
The legal basis for this type of processing is your consent within the meaning of Art. 6 (1) lit. a) GDPR.
C. Your Rights
In relation with our processing of your personal data you have the following rights:
a. Revocation of consents granted
You may revoke any consent you provided to us at any time with effect for the future.
You are entitled to obtain information regarding your personal data recorded. In addition to that, you are entitled to have access to the information listed in Art. 15 GDPR.
c. Rectification and erasure
Furthermore, you have the right to rectification of inaccurate and completion of incomplete personal data in accordance with Art. 16 GDPR as well as erasure of your personal data if the conditions referred to in Art. 17 GDPR are met.
d. Restriction of processing
Under the conditions set out in Art. 18 GDPR you may restrict the processing of your personal data.
e. Disclosure of data and data transmission
Moreover, you have the right to receive the personal data concerning yourself, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to have us transmit these personal data to another controller on your instruction, where technically feasible. The right to data transmission only relates to personal data, the processing of which is based on consent pursuant to Art. 6 (1) lit. a GDPR or on a contract pursuant to Art. 6 (1) lit. b GDPR, and where the processing is carried out by automated means. The right to data transmission to another controller shall be excluded if the rights and freedoms of others (e.g. personal data of third parties, our business and trade secrets or intellectual property rights) would be adversely affected.
The assertion of all rights specified above is generally free of charge for you.
In case of manifestly unfounded or, in particular because of their repetitive character, excessive applications relating to the rights under b. through e., we may, however, in accordance with Art. 12 (5) GDPR either
a. demand a reasonable compensation which takes into account administrative expenses for the communication or notification or the implementation of the requested action, or
b. refuse to act on the request.
Please contact our data protection officer for the exercise of your rights.
D. Obligation to Provide Data
There is no legal or contractual obligation to provide personal data to us. Such data which pursuant to B. above are designated as mandatorily required for the performance of the respective service, the provision is, however, necessary if you want to make use of these services.
E. Right to Complain
Should you believe that we are not acting in proper compliance with our data privacy and data protection duties, you may contact the data protection authorities at any time. The data protection commissioner responsible for us can be reached as follows:
Bayerisches Landesamt für Datenschutzaufsicht
P.O. Box 606
Phone: +49 (0) 981 53 1300
Telefax: +49 (0) 981 53 98 1300
F. Updating of this Data Privacy Notice
From time to time it may be necessary to update this Data Privacy Notice, for instance, if new statutory or official requirements are adopted or new offers on our Internet presence are issued. We shall keep you informed about any developments on this page. We generally recommend reading this Data Privacy Notice regularly to check whether any changes were introduced. You will recognise whether any changes were made as the status at the bottom of this document indicates the last update
G. Printing and Saving this Data Privacy Notice
You can print and save this Data Privacy Notice immediately, for example through the print and save function of your browser.
Last updated: November 2018