Privacy Policy Statement of Kempter, Gierlinger und Partner Rechtsanwälte mbB

1. Name and Contact Data of the Controller

This data protection information applies to data processing by: Controller: Kempter, Gierlinger und Partner Rechtsanwälte mbB (hereinafter: law firm), Barer Str. 48, 80799 München, Germany, email: kanzlei@kgp-law.de, phone: +49 (0)89 – 28 72 39 0, fax: +49 (0)89 – 28 45 32.

2. Collection and Storage of Personal Data;
Type and Purpose of the Use of Such Data

a) When Visiting the Website

When calling our website www.kgp-law.de, the browser used on your terminal device automatically sends information to the server of our website. This information is saved temporarily in what is referred to as a log file. In the process, the following information is collected without any action on your part and stored until its automatic deletion:

  • IP address of the requesting computer,
  • date and time of the access,
  • name and URL of the retrieved file,
  • website from where the access is made (referrer URL),
  • used browser and, if applicable, the operating system of your computer as well as the name of your access provider.

We process the above-mentioned data for the following purposes:

  • ensuring a smooth connection establishment for the website,
  • ensuring a comfortable use of our website,
  • evaluating system security and stability as well as
  • for further administrative purposes.

The legal basis for the data processing is Art. 6 paragraph 1 sentence 1 letter f GDPR [General Data Protection Regulation]. Our justified interest results from the purposes of the data collection as listed above. In no case will we use the collected data to draw conclusions on your person.

In addition, we are using cookies and analysis services when our website is visited. You will find more detailed explanations on this topic under Clauses 4 and 5 of this Data Protection Statement.

b) When Using our Contact Form

For questions of any kind, we offer you the possibility of contacting us by using the form provided to that effect on our website. In doing so, you must indicate a valid email address so that we know from whom the inquiry comes and to whom we should send the answer. You can also provide more information on a voluntary basis.

Data processing for the purpose of making contact with us is carried out pursuant to Art. 6 paragraph 1 sentence 1 letter a GDPR on the basis of the consent you have given us voluntarily.

The personal data collected by us for you to use our contact form are automatically deleted after your inquiry has been dealt with.

3. Disclosure of Data

Your personal data will not be transmitted to third parties for purposes other than those stated below.

We only transmit your personal data to third parties if:

  • you have given us your express consent pursuant to Art. 6 paragraph 1 sentence 1
    letter a GDPR,
  • disclosure pursuant to Art. 6 paragraph 1 sentence 1 letter f GDPR for the assertion, exercise or defense of legal claims is required and there is no reason to assume that you have an overriding interest, which is worthy of protection, in the non-disclosure of your data,
  • there is a legal obligation of disclosure pursuant to Art. 6 paragraph 1 sentence 1
    letter c GDPR, and
  • this is legally permissible and, pursuant to Art. 6 paragraph 1 sentence 1 letter b GDPR, required for the handling of contractual relationships with you.

4. Cookies

We are using cookies on our website. These are small files which your browser creates automatically, and which are saved on your terminal device (laptop, tablet, smartphone or the like) when you visit our website. Cookies do not cause any damages on your terminal device, they do not contain viruses, trojans or any other malware.

Information resulting in connection with the respective, specifically used terminal device is saved in the cookie. However, this does not mean that we become directly aware of your identity thereby.

On the hand, the use of cookies serves the purpose of making our service offer more agreeable for you. Thus, we are using what is referred to as session cookies to recognize that you have already visited individual pages of our website. These cookies are deleted automatically after you have left our website.

In addition, we use temporary cookies. These are saved for a certain predefined period on your terminal device. They are also intended to optimize the user-friendliness of our website. If you visit our website again to avail yourself of our services, the system automatically recognizes that you visited our website before. It also recognizes the entries and settings you have made in order not to have to enter these data again.

On the other hand, we are using cookies to compile statistics on the usage of our website and to evaluate these statistics for optimizing our service offer for you (see Clause 5). If you visit our website again, these cookies enable us to recognize automatically that you have visited us before. They are deleted after a predefined period.

The data processed by cookies are required for the above-mentioned purposes in order to safeguard our justified interests as well as those of third parties pursuant to Art. 6 paragraph 1 sentence 1 letter f GDPR.

Most of the browsers accept cookies automatically. However, you can configure your browser so that cookies are not saved on your computer or a message appears each time before a new cookie is created. Nevertheless, the complete deactivation of cookies may lead to you being unable to use all functions of our website.

5. Analysis Tools

a) Tracking Tools

The following tracking measures used by us are carried out based on Art. 6 paragraph 1 sentence 1 letter f GDPR. By the tracking measures we are using, we intend to ensure a needs-based design and continuous optimization of our website. On the other hand, we are using the tracking measures to compile statistics on the usage of our website and to evaluate them in order to optimize our service offer for you. These interests are to be considered as justified within the meaning of the above-mentioned regulation.

The respective data processing purposes and data categories are to be gathered from the relevant tracking tools.

I) Google Analytics

We are using Google Analytics, a web analysis service of Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”) in order to ensure a needs-based design and continuous optimization for our website. In this connection, pseudonymized usage profiles are created and cookies (see under Clause 4) are used. The information about your usage of our website, which is generated by the cookie, such as

  • browser type/version,
  • used operating system,
  • referrer URL (the previously visited page),
  • host name of the accessing computer (IP address),
  • time of day of the server request,

are transmitted to a server of Google in the USA and stored there. The information is used to evaluate the usage of the website, to compile reports on the website activities and to render further services connected with the usage of the website and the usage of the Internet for the purposes of market research and a needs-based design of these Internet pages. In addition, this information is transmitted to third parties, if necessary, if this is prescribed by the law, or insofar as third parties process the information on Google’s behalf. In no case will your IP address be amalgamated with other data of Google. The IP addresses are anonymized so that their allocation is not possible (IP masking).

You can prevent the installation of cookies by selecting the appropriate setting of your browser software; however, we would like to point out that if you do so, you might not be able to make full use of all the functions on this website.


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

As an alternative to the browser add-on, particularly in the case of browsers on mobile terminal devices, you can additionally prevent collection through Google Analytics by clicking on this link. An opt-out cookie is set, which prevents the future collection of your data when you visit this website. The opt-out cookie is only valid for this browser and only for our website and is kept on your device. If you delete the cookies in this browser, you must reset the opt-out cookie.

You will find further information on data protection in connection with Google Analytics in the Google Analytics help (https://support.google.com/analytics/answer/6004245?hl=de).

II) Google Adwords Conversion Tracking

To compile statistics on the usage of our website and to evaluate them for the purpose of optimizing our service offer for you, we also use Google conversion tracking. In this context, Google Adwords sets a cookie (see Clause 4) on your computer if you have arrived at our website via a Google advertisement.

These cookies lose their validity after 30 days and do not serve the purpose of personal identification. If the user visits certain pages of the website of the Adwords customer and the cookie has not yet expired, Google and the customer can recognize that the user merely clicked on the advertisement and was redirected to this page.

Every Adwords customer receives a different cookie. Thus, cookies cannot be tracked via the websites of Adwords customers. The information obtained by means of the conversion cookie serves the purpose of creating conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers learn about the total number of users who clicked on their advertisement and were redirected to a page provided with a conversion tracking tag. However, they do not receive information that allows personal user identification.

Here again, you can refuse the setting of the required cookie if you would not like to take part in the tracking procedure – for example by a browser setting that generally deactivates the automatic setting of cookies. You can also deactivate cookies for conversion tracking by setting your browser in such a way that cookies are blocked by the domain “www.googleadservices.com“. For detailed information on the Google Privacy Notice regarding conversion tracking, please click here: (https://services.google.com/sitestats/de.html).

III) Matomo

We are using Matomo open-source software for the analysis and statistical evaluation of the usage of our website. To do so, cookies are being applied (see Clause 4). The information on the usage of the website, which is generated by the cookie, is transmitted to our servers and combined into pseudonymized usage profiles. The information is used to evaluate the website and to facilitate a needs-based design for our website. The information is not transmitted to third parties.

In no case is the IP address brought into connection with other data concerning the user. The IP addresses are anonymized so that it becomes impossible to allocate them (IP masking).

Your visit to this website is currently being recorded by Matomo web analysis. Click here (https://matamo.org/docs/privacy/) to stop the recording of your visit.

6. Social Media Plug-ins

Based on Art. 6 paragraph 1 sentence 1 letter 1 GDPR, we are using social plug-ins of the LinkedIn and Xing social networks to raise our law firm’s profile through these channels. The underlying advertising purpose is to be considered as a legitimate interest within the meaning of the GDPR. It is the responsibility of the respective providers that the operation of the plug-ins complies with the data protection regulations. We integrate these plug-ins by means of what is referred to as the two-click method in order to protect the visitors of our website in the best possible way.

a) LinkedIn: Our Website Uses Functions of the LinkedIn Network Net.

The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time our pages containing the functions of LinkedIn are called, a connection with the servers of LinkedIn is established. LinkedIn is informed about the fact that you have visited our Internet pages with your IP address. If you click the Recommend button of LinkedIn and are logged into your account with LinkedIn, LinkedIn can allocate your visit on our Internet page to you and your user account. We point out that we as providers of the pages are neither aware of the content of the data transmitted nor of their use by LinkedIn. You will find more detailed information on this topic in the Data Privacy Policy of LinkedIn under: https://www.linkedin.com/legal/privacy-policy.

b) Xing: Our Website Uses Functions of the XING Network.

The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. Each time our pages containing the functions of Xing are called, a connection with the servers of Xing is established. To the best of our knowledge, there is no storage of personal data in this context. In particular, IP addresses are not stored and the usage behavior is not evaluated. You will find further information on data protection and the Xing share button in the Data Privacy Statement of Xing under https://www.xing.com/app/share?op=data_protection.

7. Rights of Data Subjects

You have the following rights:

  • pursuant to Art. 15 GDPR, you may request information about your personal data processed by us. In particular, you may request information on the processing purposes, the category of personal data, the categories of recipients to whom your data were or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of the data if they have not been collected by us, as well as the existence of automated decision making including profiling and, if necessary, meaningful information on their details;
  • pursuant to Art. 16 GDPR, you may request the immediate rectification of incorrect personal data or the completion of your personal data stored with us;
  • pursuant to Art. 17 GDPR, you may request the deletion of your data stored with us, unless their processing is required to exercise the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
  • pursuant to Art. 18 GDPR, you may request that the processing of your personal data be restricted insofar as the correctness of the data is contested by you, processing is unlawful, but you reject the deletion of the data and we do not need the data any longer, but you need them to assert, exercise or defend legal claims, or you have objected against processing pursuant to Art. 21 GDPR;
  • pursuant to Art. 20 GDPR, you may request that you receive your personal data you have made available to us in a structured, conventional and machine-readable format or that they be transmitted to another controller;
  • pursuant to Art. 7 paragraph 3 GDPR, you may revoke your consent at any time once you have given it. Consequently, we will no longer be allowed to continue data processing, which was based on this consent, in the future, and
  • you can file a complaint with a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can turn to the supervisory authority of your habitual abode or your workplace or the registered office of our law firm.

8. Right of Objection

If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 paragraph 1 sentence 1 letter f GDPR, you are entitled to object to the processing of your personal data provided that there are reasons for this which result from your special situation, or that the objection is directed against direct advertising. In the latter case, you have a general right of objection which is implemented by us without the indication of a special situation.

If you would like to make use of the right of revocation or objection, it is sufficient to send an email to kanzlei@kgp-law.de

9. Data Security

Within visits to our website, we use the widespread SSL (secure socket layer) procedure in connection with the respective highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we rely on 128-bit v3 technology instead. You can see from the closed presentation of the key and/or lock icon in the lower status bar of your browser whether a single page of our Internet presence is transmitted in encrypted form.

Apart from that, we apply technical and organizational security measures to protect your data against accidental or intentional manipulations, partial or complete loss, destruction, or against unauthorized access by third parties. Our security measures are being continually improved in accordance with the technological development.

10. Up-to-Dateness and Changes to this Data Protection Statement

This Data Protection Statement is currently valid and was last updated in May 2018.

Changes to this Data Protection Statement may become necessary as a result of the further development of our website and related service offer or of changed legal or administrative requirements. You can retrieve the current Data Protection Statement at any time on the website under https://www.kgp-law.de/de/datenschutz/ and print it out.

 

Last updated: May 2018