Privacy policy of the KNAUTHE Rechtsanwälte Partnerschaft mbB

The provisions of the GDPR will come into force on May 25, 2018. The following privacy policy applies to the use of our website. The following also applies when commissioning Knauthe Rechtsanwälte Partnerschaft mbH: Data privacy information for clients (PDF).

I. Name and address of the responsible party
The responsible party within the meaning of the General Data Protection Regulation and other national data privacy laws of the member states as well as other data privacy regulations is:

KNAUTHE Rechtsanwälte Partnerschaft mbB
(hereinafter referred to as KNAUTHE)
Leipziger Platz 10,
D-10117 Berlin,
Deutschland,
E-Mail: berlin(at)knauthe.com,
Telefon: +49 (0)30 – 20670-0
Fax: +49 (0)30 – 20670-1800

II. Name and address of the data privacy officer
The privacy officer is:

Mr. Fritz Langgärtner, Graduate Engineer
c/o FPS IT and Data Privacy GmbH
Kurfürstendamm 220, 10719 Berlin
Telefon: +49 (0)30 885927-880
E-Mail: meldung-knauthe(at)fps-dp.de

The deputy data privacy officer is:

Ms. Anna-Maria Dahlke
KNAUTHE Rechtsanwälte Partnerschaft mbB
Leipziger Platz 10, 10117 Berlin
Telefon: +49 (0)30 – 20670 – 1543
Fax: +49 (0)30 – 20670 – 1599
E-Mail: meldung-knauthe(at)fps-dp.de

III. General information on data processing

Scope of personal data processing
We only process our users’ personal data to the extent necessary to provide a functional website and our content and services. The processing of our users’ personal data is generally only carried out with the user’s consent. An exception applies in cases where it is not possible to obtain prior consent for practical reasons and the logging of data is permitted by law.
Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 (1) lit. a and Art. 7 of the EU General Data Protection Regulation (GDPR) serve as the legal basis for the processing of personal data. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our law firm is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) lit. d GDPR serves as the legal basis. If processing is necessary to safeguard a legitimate interest of our law firm or a third party and the interests, fundamental rights, and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) lit. f GDPR serves as the legal basis for processing.
Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in EU regulations, laws, or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

IV. Provision of the website and creation of log files

Description and scope of data processing
Every time you visit our website, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:

(1) The user’s IP address
(2) Date and time of access
(3) The URL
(4) The http status
(5) Amount of data transferred
(6) Browser detection, which can reveal the operating system
(7) The last page visited

The data is also stored in our system’s log files. This data is not stored together with other personal data relating to the user.

Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 (1) lit. f GDPR.
Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored. Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context. The element “gat._anonymizeIp();” deletes the last eight bits of the user’s IP address and does not transmit them to Google Analytics. These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 (1) lit. f GDPR.
Duration of storage
The data will be deleted as soon as it is no longer required for the purpose for which it was collected. In the case of data collection for the provision of the website, this is the case when the respective session has ended. In the case of data storage in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or anonymized so that it is no longer possible to assign them to the calling client.
Right to object and right to erasure
The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, there is no possibility for the user to object.

V. Use of cookies

Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is accessed again. We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. No data is stored or transmitted in the cookies. No analysis takes place.
Duration of storage, right to object and right to erasure
Cookies are stored on the user’s computer and transmitted to our site. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

VI. Contact form and email contact

Description and scope of data processing
Our website features a contact form that can be used to contact us electronically. If a user chooses to do so, the data entered in the input mask will be transmitted to us and stored. This data includes:
(1) First name, last name
(2) Email address
(3) Phone number
(4) Subject
(5) Your message
When the message is sent, the following data is also stored:
(6) The user’s IP address
(7) Date and time the message was sent
For the processing of data, your consent will be obtained during the sending process and reference will be made to this privacy policy. Alternatively, you can contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be stored. In this context, the data will not be passed on to third parties. The data will be used exclusively for the processing of the conversation.
Legal basis for data processing
The legal basis for processing the data is Art. 6 (1) (a) GDPR if the user has given their consent. The legal basis for processing data transmitted in the course of sending an email is Art. 6 (1) lit. f GDPR. If the purpose of the email contact is to conclude a mandate agreement, the additional legal basis for processing is Art. 6 (1) lit. b GDPR.
Purpose of data processing
The processing of personal data from the input mask serves us solely for the purpose of processing the contact request. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data. The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
Duration of storage
The data will be deleted as soon as it is no longer required for the purpose for which it was collected. For personal data from the input mask of the contact form and data sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified and no mandate has been issued. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
Right to object and right to erasure
The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. The revocation of consent must be sent to dsb@knauthe.com. All personal data stored in the course of contacting us will be deleted in this case.

VII. Application process
We collect and process your personal data for the purpose of handling the application process. The legal basis for this is Art. 6 (1) sentence 1 lit. b) GDPR, § 26 BDSG (new) or, in the case of consent, Art. 6 (1) sentence 1 lit. a), Art. 7 GDPR.

It is important to us to ensure the highest possible level of protection for your personal data. All personal data collected and processed by us in connection with an application is protected against unauthorized access and manipulation by technical and organizational measures. Your data is collected for the purpose of filling positions throughout the partnership. The legal basis for this is Art. 6 (1) sentence 1 lit. f GDPR).

Processing may also be carried out electronically. This is particularly the case if you send us your application documents electronically, for example by email. If we conclude an employment contract with you, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with you, the application documents will be automatically deleted six months after notification of the rejection decision, provided that no other legitimate interests prevent deletion. Other legitimate interests in this sense include, for example, the obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG).

VIII. Encryption
For security reasons and to protect the transmission of confidential content, such as when applying for a job using the form on our website, which you send to us as the website operator, our website uses SSL encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. When SSL encryption is activated, the data you transmit to us cannot be read by third parties.

IX. Use of Google Maps and Google Fonts
Our website uses Google Maps API to visually display geographical information. When using Google Maps, Google also collects, processes, and uses data about visitors’ use of the map functions. We obtain the digital fonts that we use to ensure a uniform appearance on our website via the Google Fonts API. For more information about data processing by Google, please refer to Google’s privacy policy. You can also change your personal privacy settings in the privacy center there.
The provider is Google LLC, 1600 Amphitheatre Parkway
Mountain View, CA 94043, USA.
Detailed instructions on managing your own data in connection with Google products can be found here.

X. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing takes place, you can request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing 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, if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information about whether personal data concerning you is being transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
Right to rectification
You have the right to request the controller to correct and/or complete your personal data if it is inaccurate or incomplete. The controller must make the correction immediately.
Right to restriction of 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 the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise, or defend legal claims, or
(4) if you have lodged an objection to the processing pursuant to Art. 21(1) GDPR and it is not yet clear whether the legitimate grounds of the controller override your grounds.
If the processing of personal data concerning you has been restricted, such data may – apart from its storage – only be processed with your consent or for the assertion, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Right to erasure

a) Obligation to delete
You may request that the controller delete your personal data without delay, and the controller is obliged to delete this data without delay if one of the following reasons applies:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent on which the processing was based in accordance with 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 grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The erasure of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you was collected in relation to the information society services offered in accordance with Art. 8 (1) GDPR.

b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 (1) GDPR, it shall take reasonable steps, including technical measures, taking into account the available technology and the implementation costs, to inform controllers who process the personal data that you, as the 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 erasure does not apply if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) zur Erfüllung einer rechtlichen Verpflichtung, die die Verarbeitung nach dem Recht der Union oder der Mitgliedstaaten, dem der Verantwortliche unterliegt, erfordert, oder zur Wahrnehmung einer Aufgabe, die im öffentlichen Interesse liegt oder in Ausübung öffentlicher Gewalt erfolgt, die dem Verantwortlichen übertragen wurde;
(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of this processing, or
(5) to assert, exercise, or defend legal claims.

Right to information
If you have asserted your right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to notify all recipients to whom your personal data has been disclosed of this rectification, erasure, or restriction of processing, unless this proves impossible or involves disproportionate effort.

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

Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, 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) processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another, where technically feasible. This must not adversely affect the freedoms and rights of other persons.
The right to data portability 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 controller.
Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims. If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. You have the option, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.
Right to revoke the data protection consent form
You have the right to revoke your declaration of consent under data protection law at any time. Revoking your consent does not affect the legality of the processing carried out on the basis of your consent prior to revocation.
Automated decision-making in individual cases, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by Union or Member State law to which the controller is subject and that law provides for appropriate measures to safeguard your rights and freedoms and legitimate interests; or
(3) with your express consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) applies and appropriate measures have been taken to protect your rights and freedoms and legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.