DATA PRIVACY
Privacy policy according to the GDPR
The provisions of the GDPR come into force on 25.05.2018. The following privacy policy applies to the use of our website. The following also applies to the commissioning of J I H Rechtsanwaltskanzlei Data protection information for clients (PDF).
I. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is
Jasmina Hamdi
Kurfürstendamm 14, 10719 Berlin,
Germany,
E-Mail: hamdi@jh-kanzlei.com,
Phone: +49 17437706581
II. General information on data processing
-
Scope of the processing of personal data
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 only takes place regularly with the user's consent. An exception applies in cases where prior consent cannot be obtained for factual 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 para. 1 lit. a and Art. 7 of the EU General Data Protection Regulation (GDPR) serves 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 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out 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 para. 1 lit. d GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our law firm or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing. -
Data erasure and storage duration
The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Data may also be stored 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.
III. Provision of the website and creation of log file
-
Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
(1) The IP address of the user
(2) Date and time of access
(3) The URL
(4) The http status
(5) Amount of data transferred
(6) Browser identification, from which the operating system can be determined
(7) The last page visited
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
-
Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 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. The user's IP address must remain stored for this purpose. The data is stored in log files to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. The data is not analyzed 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 in accordance with Art. 6 para. 1 lit. f GDPR. -
Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or anonymized so that it is no longer possible to identify the accessing client. -
Objection and removal options
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.
IV. Usage 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 called up again. We use cookies to make our website more user-friendly. Some elements of our website require that the accessing 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, objection and removal options
Cookies are stored on the user's computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved 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.
V. Contact form and e-mail contact
-
Description and scope of data processing
There is a contact form on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. These data are
(1) First Name, last name
(2) E-Mail
(3) Phone number
(4) Subject
(5) Your message
The following data is also stored at the time the message is sent:
(6) IP-Address of the user
(7) Date and time the message was sent
Your consent is obtained for the processing of the data as part of the sending process and reference is made to this privacy policy. Alternatively, you can contact us via the e-mail address provided.In this case, the user's personal data transmitted with the e-mail will be stored.In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation. -
Legal basis for data processingThe legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR.If the e-mail contact is aimed at the conclusion of a mandate agreement, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
-
Purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems. -
Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and those 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. -
Possibility of objection and removal
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.
VI. Application procedure
We collect and process your personal data for the purpose of handling the application process. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b) GDPR, § 26 BDSG (new) or, in the case of consent, Art. 6 para. 1 sentence 1 lit. a), Art. 7 GDPR.
It is important to us to guarantee the highest possible level of protection for your personal data. All personal data collected and processed by us as part of an application is protected against unauthorized access and manipulation by technical and organizational measures. Your data is collected for the purpose of filling vacancies throughout the partnership. The legal basis for this is Art. 6 para. 1 sentence 1 lit. f GDPR).
Processing may also be carried out electronically. This is particularly the case if you send us the relevant application documents electronically, for example by email. If we conclude an employment contract with you, the transmitted data 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 interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
VII. Encoding
Our website uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the application process via the form on our website that you send to us as the site operator. 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. If SSL encryption is activated, the data you send to us cannot be read by third parties.
VIII. Use of Google Maps and Google Fonts
Our website uses Google Maps API to display geographical information visually. When Google Maps is used, Google also collects, processes and uses data about the use of the map functions by visitors. We obtain digital fonts that we use for the uniform presentation of the typeface on our website via the Google Fonts API. You can find more information about data processing by Google in the Google privacy policy. You can also change your personal data protection settings there in the data protection center.
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.
IX. 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 is taking 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 the personal data concerning you have been or will be disclosed
(4) the envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that 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 to lodge a complaint with a supervisory authority
(7) all available information about 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, referred to in Art. 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.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request
-
Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the rectification without undue delay. -
Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest 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 the processing, but they are required by you for the establishment, exercise or defense of legal claims; or
(4) if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.
If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be processed with your consent or for the establishment, 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 of a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller. -
Right to erasure
a) Obligation to delete
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. 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 deletion of personal data concerning you is necessary to fulfill 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 information society services offered in accordance with Art. 8 para. 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 Article 17(1) GDPR, it shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure does not exist if the processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
(3) for reasons of public interest in the area of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 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 that processing, or
(5) for the establishment, exercise or defense of legal claims.
-
Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the controller.
-
Right to data portability
You have the right to receive the personal data concerning you, which 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 which the personal data has been provided, where
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
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 to object
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 point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with 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 that use technical specifications. -
Right to revoke the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. -
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 authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) with your express consent.
However, these decisions may 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 the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, 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 with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.