Privacy policy in accordance with the GDPR

Cookie preferences

I. Name and address of the data controller

The data controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other provisions of data protection law is:

Epp Rechtsanwaltsgesellschaft mbH, Schützenstraße 7, 76530 Baden-Baden

Managing Director Emil Epp

Tel.: +49 (0) 7221 30 23 70
epp@rechtsanwalt.fr

II. Name and address of the Data Protection Officer

The Data Protection Officer of the data controller is:

Herr Klaus Karl Blükle

Hentschke & Blükle Rechtsanwälte

Kirchstraße 11

74336 Brackenheim

Germany

Tel.: +49 (0) 7135 974990

E-Mail: kanzlei@hentschke-bluekle.de

Website: www.hentschke-bluekle.de

III. General information data processing

1. Scope of personal data processing

We process personal data of our users only to the extent necessary to ensure the functionality of our website and to provide our contents and services. As a rule, we only process the personal data of our users with the consent of the user. An exception is made in cases where prior consent cannot be obtained for practical reasons and where the data may be processed by law.

We also process personal data for the purpose of fulfilling contractual obligations (initiation, implementation and settlement).

2. Legal basis for processing personal data

To the extent that we obtain the consent of the data subject for the processing of personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing activities required to carry out pre-contractual measures.

To the extent that the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.

If the vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.

3. Data deletion and retention period

The personal data of the data subject will be deleted or blocked from access as soon as the purpose for which it was being stored no longer applies. Data may also be stored if this has been provided for by European or national legislation in EU regulations, laws or other regulations to which the data controller is subject. The data will also be blocked or deleted when a retention period prescribed by the aforementioned standards expires, unless there is a need for the continued storage of the data in order to conclude or fulfil a contract.

IV. Providing the website and creating log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the computer accessing the website.

The following data is collected:

  • Information about the type of browser and the version used
  • The operating system of the user
  • The internet service provider of the user
  • The IP address of the user
  • Date and time of access
  • Websites from which the user’s system accesses our website
  • Websites that are accessed by the user’s system via our website

This data is also stored in the log files of our system. The IP addresses of the user or other data that make it possible to identify a user are not affected by this. This data is not stored in conjunction with other personal user data.

2. Legal basis for data processing

The legal basis for the temporary storage of data is Art. 6 (1) (f) GDPR.

3. Purpose of the data processing

The system must temporarily store the IP address in order to enable the website to be delivered to the user’s computer. This means that the user’s IP address must remain stored for the duration of the session.

This data is stored in log files to ensure the functionality of the website. We also use the data to optimise the website and to ensure the security of our IT systems. We do not analyse the data for marketing purposes in this context.

Our legitimate interest in data processing is also based on these purposes in accordance with Art. 6 (1) (f) GDPR.

4. Duration of storage

The data are deleted as soon as they are no longer necessary for the purpose for which they were collected. Where data is collected for the purpose of providing the website, this will be the case when that user’s session has ended.

If the data is stored in log files, this is the case after a maximum of seven days. Data may be stored beyond this limit. In this case, the IP addresses of the users are deleted or altered so that it is no longer possible to identify the accessing client.

5. Possibility of opposition and deletion

Data collection for the provision of the website and storage of the data in log files is required for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

V. Use of cookies

  • a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the user’s internet browser or by the internet browser on the user’s computer system. If a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a unique string of characters that allows the browser to be uniquely identified when you return to the website.

We use cookies to make our website more user-friendly. Some of the elements of our website require that the accessing browser can still be identified after the user has moved from one page to another. Data is stored and transmitted in the cookies. Where personal data is collected, this is explained separately below.

  • b) Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) (f) GDPR. In the case of consent, this is Article 6 (1) (a) GDPR.

  • c) Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be provided without the use of cookies. These functions require the browser to be recognised even after a page change (e.g. by storing search terms). The user data acquired through cookies that are required for technical reasons will not be used to create user profiles.

Our legitimate interest in processing personal data is also based on these purposes in accordance with Art. 6 (1) (f) GDPR.

  • e) Period of retention, opposition and deletion

Cookies are stored on the user’s computer and transmitted by that computer to our site. This means that you as a user have full control over the use of cookies. You can disable or restrict the transfer of cookies by changing the settings in your Internet browser. Cookies that have already been set can be deleted at any time. This can also be done automatically. If cookies have been disabled for our website, it may not be fully functional.

VI. Newsletter

1. Description and scope of data processing

You can subscribe to a free newsletter on our website. When you register for the newsletter, the data from the input mask is transmitted to us.

2. Legal basis for data processing

The legal basis for the processing of the user’s data after registration for the newsletter is provided by Article 6 (1) (a) GDPR, if consent has been given. Section 7 (3) UWG (German Act against Unfair Competition) serves as a complementary legal basis.

3. Purpose of the data processing

The user’s e-mail address must be collected in order to send the newsletter.

4. Duration of storage

The data are deleted as soon as they are no longer necessary for the purpose for which they were collected. This means that the user’s e-mail address is stored as long as the subscription to the newsletter is active.

5. Possibility of opposition and deletion

The user may cancel the subscription to the newsletter at any time. Every newsletter contains a link that you can click on to unsubscribe.

VII. Contact form and e-mail contact

1. Description and scope of data processing

There is a contact form on our website which can be used for establishing e-mail contact. If the user makes use of this option, the data entered in the input mask will be transmitted to us and stored. These data are:

  • Name and address
  • Contact address for e-mail communication
  • Message text, including time and date

No data will be passed on to third parties in this context. The data will be used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 (1) (a) GDPR if the user has given his/her consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) (f) GDPR. If the e-mail contact is intended for the conclusion of a contract, an additional legal basis for processing is Art. 6 (1) (b) GDPR.

3. Purpose of the data processing

We process the personal data from the input mask solely for the purpose of making contact. Contact by e-mail also implies the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our IT systems.

4. Duration of storage

The data are deleted as soon as they are no longer necessary for the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation ends when it can be concluded from the circumstances that the matter in question has been finally clarified.

Any additional personal data collected during the transfer process will be deleted after a period of no more than seven days.

5. Possibility of opposition and deletion

The user has the option of revoking his or her consent to the processing of personal data at any time. Users who contact us by e-mail can object to the retention of their personal data at any time. In such cases, the conversation cannot be continued.

All personal data stored in the course of the contact will be deleted in such cases.

VIII. Analysis and social media platforms that we have embedded on our website.

A. Web analysis using Google Analytics

  1. This Website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer that can be used to analyse your use of the Website. The information that the cookie provides about your use of this Website is usually transferred to a Google server in the US and stored there. However, in the event that IP anonymisation is activated on this Website, Google will automatically truncate your IP address within Member States of the European Union or in other States party to the Agreement on the European Economic Area. The full IP address will only be transferred to a Google server in the US and truncated there in exceptional cases. On behalf of the operator of this website, Google will use this information for the purpose of analysing your use of the website, generating reports on website activity and providing other services to the website operator in connection with website and internet usage.
  2. The IP address transmitted by your browser through Google Analytics is not merged with other data from Google.
  3. You can prevent the storage of cookies by setting your browser software accordingly; please note, however, that in this case you may not be able to make use of the full extent of the functions of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
  4. This website uses Google Analytics with the extension “_anonymizeIp()”. This extension anonymises IP addresses and immediately deletes any personal data collected.
  5. We use Google Analytics to analyse and continuously improve the use of our website. We use the statistics obtained to improve our services and make them more interesting for you as a user. For those exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the of Google Analytics is Art. 6 (1) p.1 f GDPR.
  6. Information on third party providers: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User terms and conditions: http://www.google.com/analytics/terms/de.html, overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, and the data protection declaration: http://www.google.de/intl/de/policies/privacy.

B. Google Maps

This website uses the services of Google Maps. This service allows us to display interactive maps directly on the website and makes it easy for you to use the map function.
When you visit the website, Google receives the information that you have called up the corresponding subpage of our website. This happens regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to your Google account, your data will be assigned directly to your account. If you do not want your personal profile to be associated with Google, you must log out before activating the button. Google stores your data as user profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. In particular (even for users who are not logged in), this type of analysis is carried out to provide tailored advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, in which case you must contact Google to exercise this right.
Please refer to the provider’s privacy policy for more information on the purpose and scope of data collection and processing by the plug-in provider. The provider’s privacy policy will also provide you with further information on your rights and settings to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

C. Use of social media plug-ins

(1) We currently use the following social media plug-ins: Facebook, Xing, LinkedIn,

We also use the so-called two-click solution.

This means that when you visit our site, personal data is not initially disclosed to the providers of the plug-ins. You can recognize the provider of the plug-in by the marking on the box using its initial letter or logo. We offer you the option of communicating directly with the provider of the plug-in via the button. The plug-in provider will only receive the information that you have accessed the corresponding website of our online service if you click on the marked field to activate it. For Facebook and Xing, the IP address is anonymised as soon as it is collected, according to the respective providers in Germany. By activating the plug-in, your personal data is transferred to the respective plug-in provider and stored there (for US providers in the USA). As the plug-in provider collects data, especially via cookies, we recommend that you delete all cookies using your browser’s security settings before clicking on the greyed-out box.

(2) We have no influence on the data collected or the data processing procedures, nor are we aware of the full extent of the data collection, the purposes of the processing, or the retention periods. Nor do we have any information on the deletion of the collected data by the plug-in provider.

(3) The plug-in provider stores your personal data as user profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. In particular (even for users who are not logged in), this type of analysis is carried out to present tailored advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, in which case you must contact the respective plug-in provider to exercise this right. We use the plug-ins to offer you the possibility to interact with social networks and other users, so that we can improve our services and make them more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 (1) f GDPR.

(4) The transfer of data takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, the data we collect from you will be assigned directly to your account with the plug-in provider. If you click the activated button and, for example, link the page, the plug-in provider will also save this information in your user account and publicly share it with your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this will allow you to prevent the plug-in provider from assigning you to your profile.

(5) Please refer to the providers’ privacy policies (as indicated below) for more information on the purpose and scope of data collection and processing by the plug-in provider. The provider’s privacy policy will also provide you with further information on your rights and settings to protect your privacy.

(6) Addresses of the respective plug-in providers and URL with their data protection notices:

  1. [Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; additional information on data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications and http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook has complied with the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
  2. Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://www.google.com/policies/privacy/partners/?hl=de. Google has complied with the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
  3. Xing AG, Gänsemarkt 43, 20354 Hamburg, DE; http://www.xing.com/privacy.
  4. LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn has complied with the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

IX. Rights of data subjects

If your personal data is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights in relation to the data controller:

1. Right of access to information

You may request confirmation from the data controller as to whether or not we are processing your personal data.

If such processing is taking place, you may request the following information from the data controller:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data processed;
  3. the recipients or categories of recipients to whom your personal data has been or will be disclosed;
  4. the planned duration of retention of your personal data or, if it is not possible to give specific details, criteria for determining the duration of retention;
  5. the existence of a right of rectification or deletion of your personal data, a right to have the processing limited by the controller or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. all available information on the origin of the data when the personal data are not collected from the data subject;
  8. the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) DPA and (at least in these cases) meaningful information about the rationale behind such processing and the scope and intended effects of such processing on the data subject.

You have the right to request information as to whether your personal data is being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees under Art. 46 GDPR in connection with the transfer.

2. Right of rectification

You have a right of rectification and/or completion in relation to the controller if any of your personal data processed is incorrect or incomplete. The data controller must make the correction without delay.

3. Right to limit processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

  1. if you dispute the accuracy of your personal data for a period of time that allows the data controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you object to the deletion of your personal data and instead request that the use of your personal data be restricted;
  3. the data controller no longer requires the personal data for processing purposes, but you need it in order to exercise or defend your rights; or
  4. if you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it has not yet been established whether the legitimate reasons given by the data controller outweigh your concerns.

If the processing of your personal data has been restricted, such data may be processed, with the exception of their retention, only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the European Union or of a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the data controller before the restriction is lifted.

4. Right of deletion

a) Obligation of deletion

You may request that the data controller immediately delete your personal data, and the controller is obliged to delete such data immediately if one of the following reasons applies:

  1. your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a GDPR, and there is no other legal basis for the processing.
  3. You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
  4. Your personal data have been illegally processed.
  5. The deletion of your personal data is necessary to comply with a legal obligation under European Union law or the law of the Member States to which the data controller is subject.
  6. Your personal data has been collected in relation to the services offered by the IT company in accordance with Art. 8 (1) GDPR.

b) Information provided to third parties

If the data controller has made your personal data public and is obliged to delete it in accordance with Art. 17 (1) GDPR, they shall take appropriate measures, including technical measures, taking into account available technology and implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

c) Exceptions

The right to deletion does not apply if the processing is necessary:

  1. to exercise the right to freedom of expression and information;
  2. to comply with a legal obligation requiring processing under European Union law or the law of the Member States to which the data controller is subject or in the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;
  3. for reasons relating to the public interest in the field of public health pursuant to Art. 9 (2) h and i and Art. 9 (3) GDPR;
  4. for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the fulfilment of the objectives of such processing, or
  5. to assert, exercise or defend legal claims.

5. Right of information

If you have exercised the right of rectification, erasure or limitation of processing in respect of the data controller, the data controller is obliged to notify all recipients to whom your personal data have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the data controller.

6. Right to data transferability

You have the right to receive your personal data, which you have provided to the data controller, in a structured, standard, machine-readable format. In addition, you have the right to have this data communicated to another data controller without interference from the data controller to whom the personal data has been communicated, provided that:

  1. the processing is based on consent pursuant to Art. 6 (1) a GDPR or Art. 9 (2) a GDPR or on a contract pursuant to Art. 6 (1) b GDPR, and
  2. the processing is automated.

In exercising this right, you also have the right to have your personal data transferred directly from one data controller to another, insofar as such transfer is technically feasible. The rights and freedoms of other persons must not be affected by such action.

The right to data transferability does 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 data controller.

7. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data pursuant to Article 6 (1) e or f GDPR, including profiling based on these provisions.

The data controller will no longer process your personal data unless they can demonstrate compelling reasons for doing so that outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

You have the right to object at any time to the processing of your personal data for the purpose of direct marketing, including profiling that is linked to direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

In the context of the use of the services of the IT company, and without prejudice to Directive 2002/58/EC, you may exercise your right of objection by means of automated procedures involving technical specifications.

8. Right of revocation of the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time. Revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the time of revocation.

9. Automated decision-making process in individual cases, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects in relation to you or significantly affects you in a similar way. This shall not apply if the decision:

  1. is necessary for the conclusion or performance of a contract between you and the data controller,
  2. is authorised by European Union law or the law of the Member States to which the data controller is subject and where such law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  3. is made with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 (1) GDPR, unless Art. 9 (2) a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to seek the intervention of the data controller, to present his/her point of view and to challenge the decision.

10. Right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the suspected infringement, if you consider that the processing of your personal data is in breach of the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant about the status and the results of the complaint, including the possibility of a legal remedy under Art. 78 GDPR.