Data Privacy Statement
We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the EU General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and all other relevant data protection regulations as well as this data privacy statement.
The use of our website is usually possible without providing personal information. As far as personal data (for example name, address or email addresses) are collected on our web pages, this occurs, as far as possible, always on a voluntary basis. These data will not be disclosed to third parties without your explicit consent.
Data controller, data protection officer
Responsible for the data processing within the meaning of the GDPR, the BDSG and other data protection regulations (“data controller”) is:
TRACC LEGAL Rechtsanwälte Lotz und Partner mbB
80339 Munich, Germany
According to Article 37 GDPR and Section 38 BDSG (new version), we are not obligated to appoint a data protection officer.
Collection and storage of general data (server log files)
The provider of the website www.tracc-legal.de automatically collects and stores information in so-called server log files, which your browser automatically transmits to us and which are temporarily stored. These are:
- Browser type / browser version of the accessing system
- Operating system used and version of the accessing system
- Client version
- Destination domain or the sub-websites which are accessed via an accessing system on our website
- The website from which an accessing system arrives on our website (so-called Referrer URL)
- Host name, IP address and internet service provider of the accessing system
- Method of access
- Date and time of the server request
- Amount of data transferred and access status
These log data are stored in a log file to ensure data security, but are not attributable to specific persons. A combination of these data with other data sources will not be made and no conclusions will be drawn on the data subjects. Rather, these data are required to (1) correctly deliver the contents of our website, (2) to optimize the content of our website and the advertising for it, (3) to ensure the long-term functioning of our IT systems and the technology of our website, (4) to track unauthorized access attempts and access to the web server, and (5) to provide authorities and courts in the event of a cyberattack with the information necessary for law enforcement and danger defense, as well as for the pursuit of our legitimate interests and civil claims. These anonymously collected data and information are evaluated by us with the aim of increasing the data privacy protection and data security in our company. Any further use of the log data is solely for statistical purposes in anonymous form.
We reserve the right to examine those data retrospectively and, if necessary, to further process and save them, if we become aware of any concrete indications of illegal use. Otherwise, the log data will be erased at regular intervals – at the latest after 14 days. The legal basis for data processing, insofar as personal data are concerned, is in this case Article 6 (1) (f) GDPR.
Dissemination of data
A dissemination of your personal data to third parties for purposes other than those listed below does not take place.
We only share personal data with third parties if:
- you have given your explicit consent pursuant to Article 6 (1) sentence 1 a) GDPR,
- the disclosure is required pursuant to Article 6 (1) sentence 1 f) GDPR to assert, exercise or defend legal claims and there is no reason to assume that you have a preponderant legitimate interest in the non-disclosure of your data,
- in the event that there is a legal obligation to disclose pursuant to Article 6 (1) sentence 1 c) GDPR, and
- this is legally permissible and required pursuant to Article 6 (1) sentence 1 b) GDPR for the execution of contractual relationships with you.
Routine deletion and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or as provided for by the GDPR or another data protection regulation governing the controller.
If the storage purpose is no longer applicable or if a storage period prescribed by the GDPR or another applicable provision expires, the personal data will be blocked or erased as a matter of routine and in accordance with the statutory provisions.
Integration of social media (“plug-ins”)
The activation of certain buttons (“share buttons”) on subpages of this website allows users to share, recommend or transmit content from these pages with or to users of social media platforms (Facebook, Twitter, Google+, etc.). In this process, log data (including the user’s IP address and information about the pages visited on this website) will only be transmitted to the operator of the respective platform if the user activates the respective button by clicking on it and thus declares his or her consent to communication with the respective operator (“two-click method” or “Shariff plug-in”); if the user is already registered as a user on the relevant platform, further data may be transmitted that allow conclusions to be drawn about the person of the user. The collection and transmission of data in this case takes place in order to build a connection between the browser of the user and the servers of the respective platform and to enable the user to log in to this platform, and for the provision of the respective “Share” functions (integration or linking of the content of this website to be shared or recommended and assignment or link-up to the user’s user account). In this case, the data processing operations on our website take place on the legal basis of Article 6 (1) f) GDPR. The legitimate interest within the meaning of the GDPR is to make our firm better known, to promote our services, to cultivate relationships with clients, professional networks and to maintain the professional exchange of ideas in general.
When the user registers (logs in) at the respective platform or is already registered (logged in), the collection, processing and use of other data and the placement of cookies on the user’s computer may occur. However, these processes are not controlled by the providers of this website, but only by the operator of the respective platform (for example, Facebook Inc., Twitter Inc., Google Inc., etc.) and are therefore governed solely by its respective data privacy policies valid at that time.
We as the provider of this website are not aware of the content of the transmitted data and their use by the operators of said platforms. We are not responsible for the collection, processing and use of personal data by the operators of the respective platform, nor for the content of and compliance with their data privacy statements. The same applies if users are guided by links to profiles of the operators of this website on such platforms.
In addition, the following data protection notices apply with respect to individual social media:
A plug-in of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA, is integrated into this website in the form of a “share button”. You can recognize the Facebook share button by the Facebook logo (white “f” on a gray or blue background) and the word “share” on this website. If you activate this button, the plug-in will establish a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited this website with your IP address. If you click on the Facebook “Share Button” while you are logged into your Facebook account, you can link the contents of this website to your Facebook profile. As a result, Facebook can attribute the visit of this website to your user account. For more information, see the Facebook data privacy statement at https://www.facebook.com/about/privacy. If you do not wish Facebook to associate your visit to this website with your Facebook user account, please log out of your Facebook user account.
Functions of the Twitter service are integrated into this website. These functions are offered by Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. You can recognize the Twitter button by the Twitter logo (stylized white bird on a gray or blue background) and the word “tweet”. By using Twitter and activating the Twitter button on this website, the websites you visit are linked to your Twitter account and shared with other users. In this process, data are also transmitted to Twitter. For more information, see the Twitter data privacy statement at http://twitter.com/privacy. You can change your privacy settings on Twitter in the account settings area at http://twitter.com/account/settings.
This website incorporates the “Google +” button of the Google Plus social network operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). The button can be recognized by the “g+” sign and the word “share” in white letters on a gray or blue background. Use the Google+ button to publish information worldwide. By activating the Google+ button, you and other users will receive personalized content from Google and third parties. Google stores both the information that you have enabled “g+” for contents and information about the page you viewed when you clicked the Google+ button. Your “g+” may appear as an indication along with your profile name and photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and advertisements on the internet. Google records information about your “g+” activities to improve Google’s services to you and others. In order to be able to use the Google+ button, you need a globally visible, public Google profile that must include at least the name chosen for the profile. This name will be used in all Google services. In some cases, this name may also replace a different name you used when sharing content through your Google account. The identity of your Google profile may be displayed to users who know your email address or have other identifying information about you.
In addition to the uses outlined above, the information you provide will be used in accordance with applicable Google data privacy policies. Google may publish summarized statistics about users’ “g+” activities or pass them on to users and partners, such as publishers, advertisers or affiliated websites. For more information, see the Google data privacy statement at http://www.google.de/intl/de/policies/privacy/
Our website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, United States. Each time you visit one of our web pages that contains LinkedIn features, a connection to LinkedIn servers is established. LinkedIn is notified that you have visited our website with your IP address. If you click on LinkedIn’s so-called “Recommend Button” (recognizable by the blue “in” logo and the word “Share”) and are logged in to your LinkedIn account, LinkedIn can assign your visit to our website to you and your user account. We would like to point out that we, as the provider of these pages, have no knowledge of the content of the transmitted data and their use by LinkedIn. For more information, see the LinkedIn data privacy statement at https://www.linkedin.com/legal/privacy-policy.
This website uses Google Maps to display a site map. Google Maps is a map service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, California 94043, USA (“Google”). By using Google Maps, information about the use of this website, including your IP address and the (start) address you may have entered as part of the route planning function, can be transferred to Google in the USA. If you visit a page on our website that contains Google Maps, your browser establishes a direct connection to Google’s servers. The map contents are transmitted by Google directly to your browser and integrated by it into the website. Therefore, we have no control over the extent of the data collected by Google in this manner. According to our knowledge, these data include at least the following:
- Date and time of the visit to the website in question
- Internet address or URL of the visited website
- IP address
- The (start) address entered in connection with the route planning.
The use of Google Maps takes place for the purpose of an attractive presentation of our online offer and to make it easier to find the facilities of our law firm indicated on this website. This constitutes a legitimate interest within the meaning of Article 6 (1) f) GDPR.
Other personal data
Apart from that, no personal data is collected, stored or processed when using this website. Except in the cases expressly mentioned above no cookies are set on the user’s computer when using this website. No processing of data outside the European Union takes place, except with respect to the processes described in the previous section in connection with the integration of social media. Automated decision making or profiling does not take place.
However, personal data is collected and stored and also processed and used in a different manner for the respective purpose, if and to the extent that you provide us with such information voluntarily, for example by sending an email or by making contact in another manner proposed on this website.
Please note that data transmission over the internet (for example, when communicating via email) may have security vulnerabilities. A complete protection of the data from access by third parties is not possible.
Rights of data subjects
Any person affected by the processing of personal data (hereinafter the “data subject”) has the following rights granted by the GDPR:
- Right to confirmation
Each data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed.
- Right to information
Each data subject shall have the right at any time to receive free-of-charge information from the controller for the personal data stored about him or her and a copy of this information. Furthermore, the data subject may request information about the following:
- the purposes of the processing;
- the categories of personal data which are processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or the right to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
In addition, the data subject shall have the right to be informed as to whether personal data has been transmitted to a third country or to an international organization. If that is the case, then the data subject shall have the right to obtain information about the appropriate guarantees in connection with the transfer.
- Right to rectification
Each data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure
Each data subject shall have the right to require the controller to immediately erase the personal data concerning him or her, provided that one of the following reasons is satisfied and the processing is not required:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1) GDPR, or point (a) of Article 9 (2) GDPR, and where there is no other legal ground for the processing;
- the data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR;
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
If the personal data have been made public by us and if our company as the data controller pursuant to Article 17 (1) GDPR is obliged to erase the personal data, we shall take reasonable steps, including technical ones, taking into account the available technology and the implementation costs, to notify other controllers which are processing the published personal data that the data subject has requested the erasure by such other controllers of any links to, or copies or replications of, those personal data to the extent that the processing is not required.
- Right to restriction of processing
Each data subject shall have the right to demand from the controller the restriction of processing where one of the following conditions applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims;
- the data subject has objected to the processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
- Right to data portability
Each data subject shall be entitled to receive the personal data concerning him or her which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject also has the right to transmit these data to another controller without hindrance by the controller to whom the personal data were provided, provided that the processing is based on the consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) a) GDPR or on the basis of a contract pursuant to Art. 6 (1) (b) GDPR and the processing is carried out by automated means, unless the processing is carried out in the public interest or in the exercise of official authority vested in the controller.Furthermore, in exercising his or her right to data portability under Article 20 (1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible, and if the rights and freedoms of others are not adversely affected hereby.
- Right to object
Each data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6 (1) GDPR.We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves for the establishment, exercise or defense of legal claims.Where personal data are processed by us for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed by us for such purposes.
In addition, where personal data are processed by us for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
- Right to revoke a data protection consent
Each data subject shall have the right to revoke any consent given to the processing of personal data at any time, without stating reasons, in whole or in part with effect for the future.
The revocation shall not affect the lawfulness of the data processing carried out prior to receipt of the revocation on the basis of the given consent.
The revocation may be made in any manner permitted by law for the transmission of declarations, in particular by post, by fax or by email to the above-mentioned contact details of the data controller.
Assertion of rights, supervisory authority
If the data subject wishes to assert one or more of the aforementioned rights, he or she may contact us at any time. This may be made in any manner permitted by law for the transmission of declarations, in particular by post, by fax or by email to the above-mentioned contact details of the data controller.
According to Article 77 GDPR, you also have the option of contacting a data protection supervisory authority with information or complaints. As a rule, you can contact the supervisory authority of your usual place of residence or work, or of our law office. The data protection supervisory authority responsible for us is: Bavarian State Office for Data Protection Supervision (BayLDA), Promenade 27, 91522 Ansbach.
We use the popular SSL (Secure Socket Layer) method during the website visit, in conjunction with the highest level of encryption supported by your browser. In general, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use a 128-bit v3 technology instead. Whether a specific page of our website is encrypted is shown by the closed representation of the key or lock icon in the lower status bar of your browser.
We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.