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Privacy notice

Thank you very much for visiting our website! We take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the data protection laws and this Privacy Notice.

In accordance with our obligation under the EU General Data Protection Regulation (GDPR) we would like to inform you about our processing of your personal data and your rights under data protection law.

Personal data

As defined by the GDPR, “personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1. Name and contact data of the controller of the processing of personal data and the company’s data protection officer

This information on data protection applies to data processing by:
Controller: Mutschke Rechtsanwaltsgesellschaft mbH
Managing Director Nicole Mutschke
Königsallee 60f
40212 Düsseldorf
Germany

Telephone: +49 (0)211/68878730
Fax: +49 (0)211/68878731
E-mail address: info(at)kanzlei-mutschke.de

The company’s data protection officer can be contacted at the above address or by sending an e-mail to datenschutzbeauftragter@kanzlei-mutschke.de.

2. Collection and storage of personal data, as well as the type and purpose of its use

a) When visiting the website

When you access our website, the browser you are using on your end device automatically sends information to the server of our website. This information is temporarily stored in a “log file”. In this context, the following information is collected without requiring any actions by you and is stored until it is automatically deleted:

• the IP address of the accessing computer,
• the date and time of access,
• the name and URL or the file accessed,
• the website from which our website is accessed (referrer URL),
• the browser used and possibly the operating system of your computer and the name of your access provider.

We process the aforementioned data for the following purposes:
• to ensure that the connection with our website is established smoothly,
• to ensure that our website is easy to use,
• to analyse system security and stability, and
• for further administrative purposes.

The legal basis for data processing is GDPR Art. 6(1f). Our legitimate interest follows from the data collection purposes listed above. Under no circumstances do we use the data collected for the purpose of identifying you.

We also use cookies and analytics services when you visit our website. Further information on this can be found in Sections 4 and 5 of this Privacy Notice.

b) When using our contact form

If you have questions of any kind, you can contact us using a contact form provided on our website. This form requires you to provide a valid e-mail address to let us know who sent the inquiry and to enable us to respond to it.

Data processing for the purpose of contacting us is based on the consent you have voluntarily granted in accordance with GDPR Art. 6(1a).

3. Disclosure of data

We do not transfer your personal data to third parties for purposes other than the ones listed below.

We only disclose your personal data to third parties where:

• you have expressly consented to this in accordance with GDPR Art. 6(1a),
• the disclosure is required in accordance with GDPR Art. 6(1f) for the establishment, exercise or defence of legal claims and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data,
• we are obligated to do so by law in accordance with GDPR Art. 6(1c), and
• this is permitted by law and required to manage contractual relationships with you in accordance with GDPR Art. 6(1b).

4. Cookies

We use cookies on our website. Cookies are small files that are automatically generated by your browser and are stored on your end device (laptop, tablet, smartphone, or the like) when you visit our website. Cookies do not harm your end device or contain viruses, Trojans or other malicious software.

The cookie stores information that is related to the specific end device used. However, this does not directly reveal your identity to us.

One purpose of cookies is to design our website in a way to make its use more convenient for you. For example, we use “session cookies” to be able to see that you have already visited particular pages on our website. These cookies are deleted automatically after you have left our website.

In addition, we also use temporary cookies, which are stored on your end device for a specific fixed period of time, to optimise user-friendliness. When you visit our website again to use our services, the website recognises automatically that you have visited it before and what you entered and what settings you chose at that time so you do not need to enter this information again.

Another purpose of using cookies is to collect statistical data on how our website is used and to analyse this data in order to optimise our website for you (see Section 5). These cookies enable us to recognise automatically that you have visited our site before when you visit it again. These cookies are deleted automatically after a specifically defined period.

Google Maps uses the “Google Maps API” provided by the company Google Inc. (Google) for the visual presentation of map data. When you use Google Maps, Google also collects, processes and uses data on the use of the map features by users of the web pages. The terms of use for Google Maps can be found under ‘Terms of Use’ for Google Maps. Further information on the data protection policies of Google is available at: https://www.google.com/intl/de/policies/privacy/.

Google Webfonts uses “Web Fonts” provided by Google for a uniform presentation of fonts. When you access a page, your browser loads the required Web Fonts into your browser’s cache in order to correctly display texts and fonts. If your browser does not support Web Fonts, a standard font of your computer is used for the display.
Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq
and in Google’s privacy notice available at: https://www.google.com/policies/privacy/

The data processed via cookies is required for the purposes specified to protect the legitimate interests pursued by us and third parties in accordance with GDPR Art. 6(1f).

Most browsers accept cookies automatically. However, you can configure your browser to ensure that cookies are not stored on your computer at all or that you are always notified before a new cookie is created. Please note, though, that you may not be able to use all of the features offered by our website if you disable cookies completely.

5. Analytics tools

a) Tracking tools

The legal basis for our use of the tracking tools listed below is GDPR Art. 6(1f). The purpose of the tracking tools used is to design our website in a way to ensure it meets users’ needs and to ensure the continuous optimisation of our website. In addition, we use these tracking tools to collect statistical data on how our website is used and to analyse this data in order to optimise our website for you. These interests qualify as “legitimate interests” based on the definition of this term by the GDPR. The relevant purposes of data processing and data categories are described in the context of the respective tracking tool.

aa) Google Analytics

For the purpose of designing our pages in a way to ensure they meet users’ needs and to ensure their continuous optimisation we use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as “Google”). This involves the creation of pseudonymised usage profiles and the use of cookies (see Section 4). The information on your use of this website generated by the cookie, including

• the browser type/version,
• the operating system used,
• the referrer URL (the website you visited prior to accessing our website),
• the host name of the computer accessing our website (IP address),
• the time of the server request,

is transferred to a Google server in the USA and stored there. The information is used to analyse the use of the website, compile reports on the website activities and to provide additional services related to the website use and internet use for the purposes of market research and for designing these web pages in a way to ensure they meet users’ needs. This information may also be transferred to third parties where this is required by law or where this data is processed by third parties in the context of contract data processing. Under no circumstances will your IP address be combined with other Google data. The IP addresses are anonymised to ensure that they cannot be allocated any more (IP masking).

You can prevent the installation of the cookies using the relevant settings in your browser software; please note, however, that you may not be able to fully use all features of this website in this case.

In addition, you can prevent the collection of the data related to your use of the website (including your IP address) which is generated by the cookie, as well as the processing of this data by Google, by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).

As an alternative to using the browser add-on, in particular with respect to browsers on mobile end devices, you can also prevent the collection of data by Google Analytics by clicking on https://tools.google.com/dlpage/gaoptout. This triggers the setting of an opt-out cookie which will prevent the future collection of your data when you visit this website. The opt-out cookie only applies in this browser and only with respect to our website and is placed on your computer. If you delete the cookies in this browser, you have to set the opt-out cookie again.
Additional information on data protection in connection with Google Analytics can be found in the Help section of Google Analytics (https://support.google.com/analytics/answer/6004245?hl=de), for example.

bb) Google Adwords Conversion Tracking

We also use Google Conversion Tracking to collect statistical data regarding the use of our website and analyse it for the purpose of optimising our website for you. In this process, Google Adwords sets a cookie (see Section 4) on your computer if you accessed our website by clicking on a Google ad.

These cookies are only valid for a period of 30 days and are not used for the purpose of identifying you. Where a user visits specific pages of the Adwords customer’s website and the cookie has not expired yet, Google and the customer can see that the user clicked on the ad and was redirected to this page.

Each Adwords customer receives a different cookie. Consequently, it is not possible to track cookies beyond the websites of Adwords customers. The information obtained using the conversion cookie is used to prepare conversion statistics for Adwords customers using Conversion Tracking. Adwords customers are only informed about the total number of users who clicked on their ad and were redirected to a page featuring a Conversion Tracking tag. However, they do not receive any information that can be used to personally identify users.
If you do not want to participate in the tracking process, you can also refuse to accept the cookie that is required for this process, for example by choosing the browser setting that disables the automatic setting of cookies in general. You can also disable cookies for Conversion Tracking by blocking cookies from the domain “www.googleadservices.com” in your browser settings. Google’s privacy notice for Conversion Tracking can be found here (https://services.google.com/sitestats/de.html).

6. Social media plugins

We use social plugins of the social networks Facebook and Instagram on our website based on GDPR Art. 6(1f) in order to promote our law office through them. The underlying advertising purpose qualifies as a “legitimate interest” based on the definition of this term by the GDPR. The responsibility for ensuring that their operation complies with data protection regulations lies with the respective provider. We have integrated these plugins using the “two click” method in order to offer visitors to our website the greatest possible protection.

a) Facebook

We use social media plugins of Facebook on our website to make its use more personal. For this purpose we use the “LIKE” or the “SHARE” button. These are offered by Facebook.
If you access a page of our website that contains such a plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted to your browser directly by Facebook and is integrated into the web page by your browser.

Through the integration of the plugins Facebook is informed about the fact that your browser accessed the respective page on our website, even if you do not have a Facebook account or are not logged into Facebook at the relevant time. This information (including your IP address) is directly transmitted to a Facebook server in the USA by your browser and is stored there.

If you are logged into Facebook, Facebook can directly allocate your visit to our website to your Facebook account. When you interact with the plugins, for example when you click on the “LIKE” or the “SHARE” button, the respective information is also directly sent to a Facebook server and is stored there. In addition, the information is published on Facebook and is shown to your Facebook friends.

Facebook can use this information for advertising and market research purposes and for the purpose of designing the Facebook pages in a way to ensure that they meet users’ needs. For this purpose Facebook creates usage, interest and relationship profiles, e.g. to analyse your use of our website with respect to the ads displayed to you on Facebook, inform other Facebook users about your activities on our website, and to provide additional services related to the use of Facebook.

If you do not want Facebook to allocate the data collected via our website to your Facebook account, you need to log out of Facebook before visiting our website.

You can find information on the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your related rights and configuration options for the protection of your privacy, in Facebook’s privacy notice (https://www.facebook.com/about/privacy/).

b) YouTube

Our website uses plugins of the website YouTube which is operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit a page of our website that contains a YouTube plugin, your browser establishes a connection with the YouTube servers. In this process, the YouTube server is informed about the pages you have visited on our website.
If you are logged into your YouTube account, you enable YouTube to directly allocate your surfing behaviour to your personal profile. You can prevent this by logging out of your YouTube account.
Further information on the handling of user data can be found in YouTube’s privacy notice available at: https://www.google.de/intl/de/policies/privacy

c) Google+

Our website uses social media features of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you access our pages featuring Google plugins, your browser establishes a connection with the Google servers. Data is already transferred to Google in this process. If you have a Google account, this data can be linked to it. If you do not want this, you need to log out of Google before visiting our website. Information on your use of a comment feature or clicking on a “+” or “Share” button, as well as other interactions, is provided to Google. To find out more about this, please visit http://www.google.de/intl/de/policies/privacy.

7. Rights of data subjects

You have the right:

• to obtain information about the personal data concerning you that are processed by us in accordance with GDPR Art. 15. In particular, you can request information regarding the purposes of processing, the category of personal data, the categories of recipients to which your data was disclosed or is being disclosed, the intended duration of storage, the existence of a right to rectification, erasure, restriction of processing or the right to object, the existence of a right to lodge a complaint, the origin of your data to the extent it was not collected by us, as well as the existence of automated decision-making including profiling and, where applicable, meaningful information on its details;

• to demand that personal data concerning you being stored by us which is inaccurate or incomplete is rectified or completed without undue delay in accordance with GDPR Art. 16;

• to demand that personal data concerning you being stored by us is erased in accordance with GDPR Art. 17 unless the processing is necessary for exercising the right of freedom of expression and information, for complying with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;

• to demand that the processing of your personal data is restricted in accordance with GDPR Art. 18 where you are disputing its accuracy, where the processing is unlawful, but you object to its erasure and we do not need the data any more, but you need it to establish, exercise or defend legal claims, or where you have objected to the processing in accordance with GDPR Art. 21;

• to receive personal data concerning you that you have provided to us in a structured, commonly used, machine-readable format, or to demand that it is transmitted to another controller in accordance with GDPR Art. 20;

• to revoke the consent you have granted to us at any time in accordance with GDPR Art. 7(3). In this case, we are not allowed to continue the data processing operation that was based on this consent, and

• to lodge a complaint with a supervisory authority in accordance with GDPR Art. 77. In general, you can contact the supervisory authority responsible for the location of your habitual residence or place of work or the city in which our law office is located for this purpose.

8. Erasure and blocking of personal data

We process and store your personal data until the purpose pursued with the processing has been fulfilled. If your data is no longer required then, it will regularly be erased unless its processing must be continued – for a limited period of time – for the following purposes:

• to comply with retention and documentation requirements under tax and commercial law (under the German Commercial Code (HGB), Money Laundering Act (GwG), Criminal Code (StGB) or the Tax Code (AO)). The retention periods specified there are two to ten years.

• to preserve evidence in the context of the rules on limitation periods. Pursuant to Sections 195 et seqq. of the German Civil Code (BGB), these limitation periods can be up to 30 years; the regular limitation period is three years following the awareness or grossly negligent ignorance.

9. Data security

In the context of your website visit we use the widely used SSL technology (Secure Socket Layer) in connection with the highest encryption level supported by your browser which typically is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-Bit v3 technology instead. Whether any particular page of our website is transmitted in encrypted form is indicated by the closed key or lock icon in the bottom status bar of your browser.

In addition, we use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulations, the partial or complete loss or destruction or against the unauthorised access by third parties. We continuously improve our security measures in accordance with technological advances.

10. Current version and changes to this Privacy Notice

This Privacy Notice is in effect and has last been updated in June 2018.
It may be necessary to change this Privacy Notice due to the continued development of our website and offers provided through it or due to changes in statutory and/or regulatory requirements. You can access the current version of the Privacy Notice on the website at https://www.kanzlei-mutschke.de/datenschutz at any time and print it.

Your right to object pursuant to GDPR Art. 21

Right to object with respect to an individual case

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on GDPR Art. 6(1e) (data processing in the public interest) or GDPR Art. 6(1f) (data processing based on a weighing of interests).
Where you object to the processing, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or unless the data is being processed for the establishment, exercise or defence of legal claims. The objection does not require a specific form. An e-mail sent to info@kanzlei-mutschke.de, a notification by phone (+49 (0)211/68878730), a fax sent to +49 (0)211/68878731 or a letter sent to Königsallee 60f, 40212 Düsseldorf, are acceptable options.

Right to object to the processing of personal data for purposes of direct marketing

Where personal data is processed for direct marketing, you have the right to object to the processing of personal data concerning you for the purpose of such marketing at any time.
If you object to the processing for purposes of direct marketing, we will no longer process the personal data for these purposes.
The objection does not require a specific form. An e-mail sent to info@kanzlei-mutschke.de, a notification by phone (+49 (0)211/68878730), a fax sent to +49 (0)211/68878731 or a letter sent to Königsallee 60f, 40212 Düsseldorf, Germany are acceptable options.

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