Privacy statement
General
The protection of your personal data is a matter of significant concern to us. The purpose of this privacy notice is to inform you about the processing of your personal data that we collect when you visit our website. Our data protection practices comply with the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). The following privacy notice serves to fulfil the information obligations arising from the GDPR. These can be found, for example, Art. 13 und Art. 14 ff. DSGVO.
Who we are
Schirp Schmidt-Morsbach Rechtsanwälte PartG mbB,
Kantstraße 149
10623 Berlin, Germany
Tel.: +49 (0)30 – 327 617 0,
Fax: +49 (0)30 – 327 617 17,
E-Mail: mail@schirp.com,
Representatives: Attorneys Dr. Wolfgang Schirp, Dr. Susanne Schmidt-Morsbach.
Controller for data protection
The data protection officer within the sense of Art. 4 No. 7 GDPR is the person who alone or jointly with others determines the purposes and means of the processing of personal data. The controller is
Schirp Schmidt-Morsbach Rechtsanwälte PartG mbB
(registered at Charlottenburg District Court PR 1770B)
Dr. Wolfgang Schirp
Kantstr. 149
10117 Berlin
Tel.: +49 30 327 617 90
Fax: +49 30 327 617 17
Email: mail@schirp.com
Collection of personal data
Our website generally does not collect any personal data (e.g. your name, addresses, phone numbers or email addresses), unless you voluntarily provide such data (e.g. when using our contact form), you have consented to the collection of your data, or applicable laws allow the protection of your data.
We may collect information through our website that by itself cannot identify you directly, but which in certain cases (especially in combination with other data) can constitute “personal data” within the meaning of data protection law. Thus, our web server automatically collects certain data and information from the requesting device on each visit to our website:
• Information about your browser type and version
• The operating system of the device you are using
• Hostname of the accessing computer
• The IP address of the device you are using
• Date and time of access
• Websites and resources (images, files, other page content) accessed on our site
• Websites from which you arrived at our site (referrer tracking)
• Whether the retrieval was successful
• Amount of data transmitted
These data are stored in the log files of our web server. There is no storage of these data together with personal data of a specific user, so that individual page visitors cannot be identified.
Legal basis for the processing of personal data
Art. 6 Abs. 1 lit. f DSGVO (legitimate interest). Our legitimate interest is to ensure the achievement of the purposes described below.
Purpose of data processing
Temporary (automatic) storage of the data is necessary for the correct delivery of the pages of our website. The storage and processing of personal data also serves to maintain compatibility of our website for as many visitors as possible, as well as to combat abuse and resolve disruptions. To this end, it is necessary to log the technical data of the requesting computer in order to respond as early as possible to display errors, attacks on our IT systems and/or malfunctions of our website. The data also help us to optimise the website and to generally ensure the security of our information technology systems.
Recipients
Recipients of these data are our web hoster and technical service providers involved in the operation and maintenance of our website as processors.
Storage duration
The data collected through our website are deleted as soon as they are no longer needed, but at the latest three months after accessing our website.
Right to object and deletion
You may object to the processing at any time in accordance with Art. 21 GDPR and request deletion of your data under Art. 17 GDPR. The rights you have and how to exercise them can be found in the “Your rights” section of this privacy notice.
Audience measurement with Matomo Analytics
This website uses Matomo to track website visits and measure reach. Matomo is open-source software that runs on our own web server to collect anonymous usage data for this website. We collect this data to identify and quickly resolve any problems with our website. These include, for example, broken links, search engine issues, or unpopular pages. Matomo uses cookies to measure visits to our website and recognize returning visitors.
The following data is collected and processed by Matomo:
- Anonymized IP addresses, in which the last 2 bytes are removed (i.e., 198.51.0.0 instead of 198.51.100.54)
- Pseudo-anonymized location (based on the anonymized IP address)
- Date and time of the website visit
- Title of the page visited
- URL of the page visited
- URL of the previous page (if it allows this)
- Screen resolution
- Local time
- Files downloaded
- External links
- Page load time
- Country, region, city (with low accuracy due to the IP address)
- Primary language of the browser used
- User agent of the browser used Browsers
- Interactions with forms (but not their content)
Basis of our legitimate interest
Data processing by Matomo is based on the principle of legitimate interest. Processing the data collected by Matomo helps us understand what works and what doesn’t on our website. For example, we learn which content is well-received and which needs improvement. This data processing enables us to continuously improve your experience on our website.
Recipients
The information collected by Matomo is stored on our hosting provider’s web server. Recipients are exclusively ourselves and our technical service providers. The data never leaves the European Union and is not shared with any third parties.
Rights of data subjects
Since Matomo collects data based on legitimate interest, you can exercise the following rights against us:
- Right to information and data portability: You can request all your data at any time.
- Right to erasure and rectification: You can request that we completely delete all your data at any time.
- Right to object and restrict processing: You can object to data collection at any time by enabling Do Not Track in your browser.
Opt out of tracking by Matomo
You have the option to opt out of tracking by Matomo. To do so, please uncheck the following opt-out checkbox:
You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.
Special features of our website
Although our website does not collect or store personal data during your visit, there are certain features on our site that require the collection, processing and storage of personal data. Below we explain what these features are and what happens to the data collected.
Contact and registration forms
When you use contact or registration forms on our website, we collect the email address you enter, your name, telephone number and, if applicable, further contact details you provide via the form.
Legal basis for the processing of personal data
Art. 6 Abs. 1 lit. a DSGVO
(Consent through clear affirmative action or behaviour)
Purpose of data processing
The data collected via the input masks on our contact and registration forms will be used by us exclusively for the purpose of responding to your enquiry or contacting you.
Duration of storage
We store the personal data we collect for as long as is necessary to respond to your enquiry or to fulfil your mandate. It will be deleted immediately as soon as it is no longer required to respond to your enquiry or to fulfil your mandate, unless other legal provisions, retention obligations or the enforcement of legal claims require longer storage of this data.
Right to object and right to erasure
You may revoke your consent to the storage and processing of your data in accordance with Art. 7 (3) GDPR at any time. However, this does not affect the processing that has taken place up to the point of revocation. With regard to further rights, we refer you to the section ‘Your rights’ in this privacy policy.
Necessity of providing personal data
If you wish to contact us via our contact forms or by email, you must fill in the fields marked as mandatory. This information is neither necessary for entering into a contract with us nor is it required by law. However, we cannot respond to your enquiry if you do not fill in the fields marked as mandatory.
Communication security
If you use contact or registration forms on our website, your personal data will be protected by technical and organisational measures during collection, storage and processing in such a way that it is not accessible to third parties. In the case of unencrypted communication by e-mail, we cannot guarantee complete data security during transmission to our IT systems, so we recommend encrypted communication or postal mail for information that requires a high level of confidentiality.
Statistical analysis of website visits
We collect, process and store the following data each time our website or individual files on our website are accessed:
• IP address
• Website from which the file was accessed
• Name of the file
• Date and time of access
• Amount of data transferred
• Notification of successful access
We use this access data exclusively in non-personalised form for the continuous improvement of our website and for statistical purposes. We use the following web trackers to evaluate visits to our website:
Integration of external services on our website
We use active content from external providers – so-called web services – on our website. When you visit our website, these external providers may receive personal information about your visit to our website. This may involve the processing of data outside the EU. You can prevent this by installing an appropriate browser plugin or deactivating the execution of scripts in your browser. This may result in functional restrictions on the pages you visit. We use the following web services on our website:
Google Maps
We use Google Maps on our website. Google Maps is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter ‘Google’). This enables us to display interactive maps directly on the website and offers you convenient access to a map function. Further information about the processing of data by Google can be found in Google’s privacy policy: https://policies.google.com/privacy. You can also change your personal privacy settings in the privacy centre at the same link. Detailed instructions on how to manage your data when using Google products can be found at: : .
When you visit our website, Google receives information that you have accessed the corresponding subpage of our website. This notification occurs regardless of whether you have a Google user account and whether you are logged into your account. If you are logged into your Google account, your data will be directly linked to your account.
If you do not want your data to be linked to your Google profile, you must log out of Google before activating the button. Google stores data in the form of user profiles and uses this data for advertising, market research and/or the needs-based design of the website. Such evaluations are carried out in particular (even for users who are not logged in) for the purpose of designing advertising in line with requirements and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
YouTube
We have embedded videos on our website that are stored on YouTube servers. YouTube is a service provided by Google LLC, 1600 Amphitheatre Parkway, 94043 Mountain View, USA (https://www.google.com/). These videos can be played directly on our website. They are integrated in ‘extended data protection mode’.
This means that no data about you as a user is transferred to YouTube if you do not play the videos. Only when you play the videos is data transferred to YouTube. We have no influence on this data transfer.
When you visit our website and play the embedded videos, Google receives information that you have accessed the corresponding subpage of our website. This occurs regardless of whether you have a user account with YouTube or Google and are logged in to it. If you are logged in to YouTube or Google, your data will be directly associated with your account. If you do not want this association with your YouTube or Google profile, you must log out before activating the button.
Google stores your data as usage profiles and uses it for the purposes of advertising, market research and/or the design of its website in line with requirements. Such evaluation is carried out in particular (even for users who are not logged in) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
Further information on the purpose and scope of data collection and its processing by Google can be found in Google’s privacy policy.
There you will also find further information about your rights and settings options for protecting your privacy: .
Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, .
We also maintain a company page on YouTube. If you interact with this company page, Google may collect and process your personal data.
Legal basis
The legal basis is Article 6(1)(f) GDPR, Article 6(1)(f) GDPR, according to which the processing of personal data is possible even without the consent of the data subject if the processing is necessary to safeguard the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data prevail, in particular if the data subject is a child. Here, we refer to our interest in direct marketing in accordance with Recital 47 GDPR.
Use of cookies
We integrate and use cookies on our website. These are small text files that your browser can store on the device you use to access our website.
These text files contain a characteristic string of characters that uniquely identifies the browser when you return to our website. Cookies can be set both by the website itself and by external web services. Cookies are set by our website or external web services in order to maintain the full functionality of our website, improve user-friendliness or pursue the purpose specified with your consent. Cookie technology also enables us to recognise individual visitors by means of pseudonyms, e.g. an individual or random ID.
Legal basis for the processing of personal data
Insofar as cookies are processed on the basis of consent in accordance with Art. 6 Abs. 1 lit. a DSGVO, this consent also applies as consent within the meaning of § 25 (1) TTDSG for the setting of cookies on the user’s end device. Insofar as another legal basis is specified under the DSGVO (e.g. for the performance of a contract or to fulfil legal obligations), storage or setting is based on an exception pursuant to Section 25 (2) TTDSG.
This is the case if the sole purpose of storing information on the user’s device or the sole purpose of accessing information already stored on the user’s device is to carry out the transmission of a message via a public telecommunications network, or if the storage of information on the user’s device or access to information already stored on the user’s device is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.
Purpose of data processing
Cookies are used by our website or external web services to maintain the full functionality of our website, to improve user-friendliness or to pursue the purpose specified with your consent. Cookie technology also enables us to recognise individual visitors by means of pseudonyms, e.g. an individual or random ID.
Duration of storage
Our cookies are stored until they are deleted in your browser or, in the case of session cookies, until the session expires (i.e. until you close your web browser).
Option to object and delete
You can adjust your browser settings to prevent cookies from being set in general. You can then decide on a case-by-case basis whether to accept cookies or to reject cookies in principle.
Cookies can be used for various purposes, e.g. to recognise that your access device is already connected to our website (permanent cookies) or to store recently viewed offers (session cookies). If you have expressly given us permission to process your personal data, you can revoke this consent at any time. Please note that this does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
Your rights as a user
You are entitled by law to request information about what personal data we have stored about you, to request the correction of inaccurate personal data or the deletion of personal data, unless we are obliged to retain this data, to request information about to whom we may disclose your personal data, and to revoke your consent to the processing of your personal data at any time. Specifically, you have the following rights:
Right to information
You have the right to request confirmation as to whether we process your personal data. If this is the case, you have the right to obtain the information specified in Art. 15 (1) GDPR, provided that this does not affect the rights and freedoms of other persons (cf. Art. 15 (4) GDPR). We will be happy to provide you with this information.
Right to rectification
In accordance with Art. 16 GDPR, you have the right to have any personal data stored by us that is incorrect (e.g. address, name, etc.) corrected at any time. You can also request that the data stored by us be completed at any time. Any necessary adjustments will be made immediately.
Right to erasure
Pursuant to Art. 17(1) GDPR, you have the right to request the erasure of your personal data stored by us if
• the data is no longer required,
• the legal basis for processing has ceased to apply without replacement due to the withdrawal of your consent,
• you have objected to the processing and there are no legitimate grounds for the processing,
• your data is being processed unlawfully,
• a legal obligation requires this or collection has taken place in accordance with Art. 8 Abs. 1 DSGVO.
According to Art. 17 Abs. 3 DSGVO, this right does not apply if
• processing is necessary for exercising the right of freedom of expression and information,
• your data has been collected on the basis of a legal obligation,
• processing is necessary for reasons of public interest,
• the data is necessary for the assertion, exercise or defence of legal claims.
Right to restriction of processing
Pursuant to Art. Art. 18 Abs. 1 DSGVO, you have the right to restrict the processing of your personal data in individual cases.
This is the case if
• you dispute the accuracy of the personal data,
• the processing is unlawful and you do not consent to its erasure,
• the data is no longer required for the processing purpose, but the collected data serves to assert, exercise or defend legal claims,
• an objection to the processing has been lodged in accordance with Art. 21(1) GDPR and it is still unclear which interests prevail.
Right of revocation
If you have given us your express consent to the processing of your personal data (Art. 6 Abs. 1 lit. a DSGVO bzw. Art. 9 Abs. 2 lit. a DSGVO), you can revoke this consent at any time. Please note that this does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
Right to object
Pursuant to Art. 21 DSGVO, you have the right to object at any time to the processing of personal data concerning you that has been collected on the basis of Art. 6 Abs. 1 lit. f (within the scope of a legitimate interest). You are only entitled to this right if there are special circumstances that speak against the storage and processing.
Right to data portability
In accordance with Art. 20 DSGVO, you have the right to receive your personal data. We will provide the data in a structured, commonly used and machine-readable format. The data can be sent either to you or to a person designated by you.
Upon request, we will provide you with the following data in accordance with Art. 20 Abs. 1 DSGVO:
• Data collected on the basis of your express consent in accordance with Art. 20 Abs. 1 DSGVO,
• Data that we have received from you in accordance with Art. 6 Abs. 1 lit. b DSGVO within the framework of existing contracts,
• Data that has been processed as part of an automated procedure.
We will transfer the personal data directly to a controller of your choice, provided this is technically feasible. Please note that we are not permitted to transfer data that infringes on the freedoms and rights of other persons in accordance with Art. 20 Abs. 4 DSGVO.
Right to lodge a complaint with the supervisory authority in accordance with Art. 77 Abs. 1 DSGVO
If you suspect that your data is being collected or processed unlawfully via our website, you can seek legal clarification at any time. In addition, you have every other legal option available to you. Independently, you have the option of contacting a supervisory authority in accordance with Art. 77 Abs. 1 DSGVO.
You have the right to lodge a complaint in accordance with Art. 77 DSGVO in the EU Member State of your place of residence, your place of work and/or the place of the alleged infringement. The supervisory authority to which the complaint has been lodged will then inform you of the status and results of your submission, including the possibility of a judicial remedy pursuant to Art. 78 DSGVO.
How can you exercise your rights?
You can exercise your rights at any time by contacting us using the contact details provided above in this privacy policy.
The withdrawal of your consent or the deletion or blocking of personal data may mean that we are no longer able to provide certain services and functions. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
Changes
As the internet continues to evolve, we will also update our privacy policy at irregular intervals. We will announce any changes on this website in good time. You should therefore visit this page regularly to find out about the current status of the privacy policy. This privacy policy is current as of March 2024.