Data protection information pursuant to Art 13 and 14 GDPR

 

The protection of your personal data is very important to us. The law firm bpv Hügel Rechtsanwälte GmbH processes your personal data solely for specific purposes, which are listed individually below, in compliance with data protection regulations. In this data protection information we inform you about the aspects of data processing within the scope of our website https://www.bpv-huegel.com.

 

I. Name and contact details of the controller

Controller for processing your personal data is

bpv Hügel Rechtsanwälte GmbH (hereinafter as „We“ or „Us“),
Donau-City-Straße 11
1220 Vienna
Tel.:        + 43 1 260 50 0
Fax:        + 43 1 260 50 133
E-Mail:    wien@bpv-huegel.com
Website: https://www.bpv-huegel.com

 

II. Processing Activities

 

1. Data Processing „Website Use“

1.1 Scope of the processing of personal data

Whenever you visit our website https://www.bpv-huegel.com, our system automatically collects data and information from the computer system of your computer, the requesting computer. The following data is automatically collected via log files: browser type and the version used; operating system of the user; internet service provider of the user; IP address; date and time of access; referrer URL.

With regard to the cookies we collect through the website, please see our Cookies Policy under section IV.

1.2 Legal basis for the processing of personal data

The temporary retention of this data is necessary for the security of our IT systems and to provide you with a user-friendly surfing experience. Therefore, the legal basis for the processing is our legitimate interest within the meaning of Art 6 para 1 lit f GDPR.

The collection of data for the provision of the website and the retention of the data in log files is mandatory for the operation of the website. As a matter of principle, the data does not contain any personal reference, nor is it used to personally identify the visitor of this website. Likewise, no combination with other data sources is performed.

1.3 Purpose of data processing

The retention of the IP address by the system is necessary to allow us to deliver the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session. The retention of data in log files beyond this is done to ensure the functionality of the website and to optimize the website. We also process your personal data in order to be able to recognize, prevent and investigate attacks on our website.

1.4 Recipients of data

For the operation and administration of the website, we use the IT service provider Building Digital Solutions 421 GmbH, Donau-City-Straße 1, 1220 Vienna, which may have access to personal data according to our assignment and instructions in order to be able to provide the commissioned IT services.

We will not transmit your data to third parties for their own purposes without your consent.

1.5 Data retention period

We will erase the data concerning your website visit after a period of 31 days after your visit. Retention beyond this period is possible. In this case, however, we will erase or alienate the IP addresses of the users, so that an assignment of the calling client is no longer possible.

 

2. Data Processing „General Contact Requests“

2.1 Scope of the processing of personal data

You can contact us in writing by letter, e-mail, or telephone, or otherwise contact us if you are interested in our services and activities. When you contact us, the data you provide voluntarily (first and last name; title; telephone, fax number or e-mail address; associated company; content of your request) will be processed in order to answer your questions and process your request. You are free to decide whether and which data you provide us with for your request. However, if you do not provide us with certain data, we may not be able to process your request properly.

We also process the date of the request, the content of the information/answer and the course of communication (log files) by means of automatic collection for documentation.

2.2 Legal basis for the processing of personal data

We base the processing of personal data on Art 6 para 1 lit b GDPR in the case of requests which serve to initiate a contract for which the processing of personal data is necessary for the execution of the pre-contractual measures. In case of other requests, we base ourselves on Art 6 para 1 lit a GDPR, insofar as you have provided us with the data voluntarily and the request does not constitute a pre-contractual measure. In addition, we base the processing on Art 6 para 1 lit f GDPR in order to be able to manage requests accordingly and to organize the answers.

2.3 Purpose of data processing

The purpose of the retention and processing of the data is to ensure that the requests and answers are dealt with in a consistent and efficient manner and that the necessary data are available for contacting and communicating with you. In addition, we process the data for the administration of these messages, in particular allocation to the respective responsible employees and documentation of the dealing of the request.

If your request concerns a contractual obligation, we will further process your data internally within the processing activity “accounting”.

2.4 Recipients of data

We will not transmit your data to third parties for their own purposes without your consent.

2.5 Data retention period

The data will be stored as long as the interaction with the data subject exists or as long as you have not withdrawn your consent, but no longer than up to one year after your last interaction with us.

 

3. Data processing „Newsletter Distribution“

3.1 Scope of the processing of personal data

On our website https://www.bpv-huegel.com under section “Subscribe to Updates” you have the possibility to subscribe to a free newsletter, so that you can receive information about our regularly organized seminars (events), about our publications on specific legal issues and about other activities of our law firm. When you subscribe to the newsletter, we ask for your e-mail address, which you can voluntarily provide, so that we can send you the newsletter.

Furthermore, we process the following personal data from you in the course of registration or automatically on the occasion of sending the newsletter: First and last name (if voluntarily provided); name of your company (if voluntarily provided); date and time of registration by e-mail; objection to receiving the newsletter (date of objection); log files (date of sending).

3.2 Legal basis for the processing of personal data

We will process your personal data in order to provide the service you have requested, which is the receipt of the newsletter. By registering voluntarily and actively for the newsletter, you consent to the processing of your data. The legal basis therefore is Art 6 para 1 lit a GDPR.

The provisions of telecommunications law, in particular § 107 TKG 2003, are complied with, as electronic contact by sending the newsletter is only established if the person subscribes to it.

3.3 Purpose of data processing

The purpose of the processing of the personal data is the delivery of the free subscribed newsletter with information about our regularly organized seminars (events), about our publications on special legal issues and about other activities of our law firm.

3.4 Withdrawal of consent

You can cancel the subscription to the newsletter at any time. With each further sending of the newsletter, you have the possibility to refuse the receipt of future newsletters free of charge and without problems by electronic means. To cancel your subscription, please use one of the following options:

  • At the end of each newsletter you will find an unsubscribe link. By opening this link, the unsubscription is done automatically.
  • You can inform us at any time by e-mail to subscribe@bpv-huegel.com or by letter to bpv Hügel Rechtsanwälte GmbH, Donau-City-Straße 11, 1220 Vienna, that you no longer wish to receive the newsletter.

3.5 Recipients of data

We will not transmit your data to third parties for their own purposes without your consent.

3.6 Data retention period

The data may be stored until you cancel your subscription to the newsletter.

 

4. Data processing „Company Communication“

4.1 Scope of the processing of personal data

We process the following data from you:

First and last name; nickname; e-mail address; telephone and fax number or other information required for addressing, which result from modern communication technologies; online identity for the respective social media platform (user name, photo, avatar, logo); content of the post; content of the request. You can provide us with this data voluntarily in the course of a request or the distribution of a post, but if you do not provide us with some of this data (e.g. e-mail address), we will not be able to respond to your request/post.

We also automatically process the following data: time and type of publication of the post; reply/reaction of the responsible person’s employee; other (non-)public reactions to the post; log files of the request and reply.

4.2 Legal basis for the processing of personal data

We base the processing of data for public communication with interested parties in the law firm by means of online media on the implied consent (Art 6 para 1 lit a GDPR) of the communication partners with regard to the data voluntarily provided by them. With regard to other data, we base ourselves on our legitimate interest (Art 6 para 1 lit f GDPR).

4.3 Purpose of data processing

For the presentation of the law firm and the distribution of the contents and activities of the law firm, the controller runs company profiles on social media platforms. In the course of the discussion taking place there, contents are exchanged with interested persons and in the course of this, contents and posts are also made available by the data subjects on a personal basis. We process these data in order to maintain communication with the data subjects and to be able to provide the interested public with text/textual and picture reports.

4.4 Recipients of data

The data is generally available on the respective social media platform and is made available to all other users of these platforms due to the functionalities of the respective social media platform.

4.5 Data retention period

The data is processed until the post is removed from the respective communication platform.

 

5. Information on the existence of automated decision-making

An automated decision-making including profiling according to Art 22 para 1 and 4 GDPR is not performed by us and therefore does not exist.

* * * * *

 

III. Rights of the data subject

 

1. Right of access

You have the right to obtain all information about your personal data being processed by us. In detail, you may request access to the following information:

(1) the purposes of the processing for which the personal data will be processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;
(4) the planned duration of retention of the personal data relating to you, or, if not possible, the criteria used to determine the retention period;
(5) the existence of a right to request from the controller rectification or erasure of your personal data or restriction of processing of your personal data or to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Art 22 para 1 and 4 GDPR and, at least in these cases, meaningful information on 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 personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art 46 et seq GDPR in connection with the transfer.

 

2. Right to rectification and right to restriction of processing

You have the right to demand the correction or completion of incorrect or incomplete data. Under certain circumstances, such as when the accuracy of data is in dispute, you have the right to request restriction of data processing activities until the correctness has been verified to the effect that data may be processed only with prior given consent or for the purpose of asserting, exercising or defending a right or protecting the rights of another natural or legal person or for reasons of important public interest.

 

3. Right to data portability

You may request that we send you – or to the extent technically feasible, to a third party designated by you – a copy of the data you have provided to us in a structured, common and machine-readable format. Furthermore you have the right to transfer this data to another controller without hindrance from the controller to which the personal data have been provided, where

(1) the processing is based on a 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.

When exercising this right, you also have the right to request the personal data to be transmitted directly from us to another controller, where technically feasible. Freedoms and rights of other persons may not be affected by this.

 

4. Right to erasure

You have the right to demand erasure of personal data under certain circumstances, such as when personal data are not processed in accordance with data protection requirements.

The so-called “right to be forgotten” applies insofar as we have made your data public. This is the case, for example, if we have uploaded data (e.g. pictures) to the Internet. After you have informed us about the third party processors within the meaning of Art 17 para 2 GDPR, we will contact them accordingly and communicate the request of cancellation.

If you have asserted the right to rectification, erasure or restriction of data processing against us, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure or restriction of data processing, unless this proves impossible or involves disproportionate effort.

 

5. Right to object

You have the right to object to the processing of personal data based on Art 6 para 1 lit e or f GDPR at any time to grounds relating to your particular situation. This also applies to profiling based on these provisions.

In this case, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing which override the interests, rights and freedoms of you or for the establishment, exercise or defence of legal claims.

 

6. Right to withdraw the declaration of consent under data protection law

You have the right to withdraw your data protection declaration of consent at any time by sending an e-mail to datenschutz@bpv-huegel.com. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Supervisory Authority

Notwithstanding the possibility of an action before the Regional Court pursuant to Section 29 para 2 of the Data Protection Act and any other remedies, the right to appeal to the competent national supervisory authority exists in case an unlawful processing of personal data is assumed by the data subject. In Austria, the data protection authority, Vienna, is responsible.

 

IV. Cookies Policy

Cookies serve the purpose of enabling the correct functioning of a website, to extend the functional range of a website and to realize an optimization of the website’s functions. Furthermore, cookies can also be used to collect statistical data. For the operation of our website, we use necessary cookies, without which the provision of our website would not be possible. Functionality cookies and analytics cookies, which allow us to improve our website, are only used by us if you give us your consent for their use. If you give your consent for the use of analytics cookies, data on how the website is used by you will be transferred to third parties.

Hereafter you will find a detailed description of the types of cookies we use and how you can give us your consent to the use of functionality cookies and/or analytics cookies, as well as how you can withdraw such consent if necessary.

 What data is collected, stored and processed?

When you access our website, technical information is stored on your end device in the form of a so-called “cookie”. Cookies are small text files that a website stores on the computer of your end device when you visit it. When you visit us for the first time, only cookies that are necessary for operation are stored on your end device. Subsequently, you have the possibility to consent to the use of functionality cookies and/or analytics cookies and to save your selection via our cookies tool, which appears automatically when you visit our website for the first time. You also have the option of using our website without consenting to the use of these cookies, but please note that the range of functions is limited in this case.

Necessary Cookies:

We use cookies on our website, which are necessary for the operation of the website, its functions and tools. These include technologies that allow you to access the website, which are necessary to check the functionality of the site, prevent fraud and improve security. These cookies are essential to allow you to use the services of the website. Without these cookies, the services would not function correctly. However, these cookies are only stored as long as absolutely necessary for this service, i.e. usually until the end of the internet session and until you close your browser completely (session cookies).

Functionality Cookies:

Functionality cookies enable a website to store information that has already been entered (such as language selection or where you are located) and to offer the user improved and more personalized functions. For example, a website could provide local price-related information if the website uses a cookie to store the region where the user is currently located. Functionality cookies are also used to enable requested functions. These cookies collect anonymous information, however, they cannot track your movements on other websites.

The cookie we use with the code “qtrans_front_language” enables us to remember your settings for the selected language when you return to a page within the same session or call up our website again at a later time. The information collected by the cookie only refers to our website, but no information about browsing other websites is collected. In general, this cookie is stored on your end device for a period of one year.

We also use a permanent cookie that records and stores your consent to the use and placement of cookies. If you agree to the use of at least the functionality cookies, the permanent “moove_gdpr_popup” cookie will be stored on your end device for a period of one year. This “first-party cookie” does not collect information about browsing on other websites and does not forward any data to third parties. It serves the purpose of ensuring that consent to the use of cookies only has to be given once per browser when visiting our website and that the cookie tool therefore does not appear every time our website is visited.

Analytics Cookies:

Google Analytics

Our website uses Google Analytics, a webanalytics service of Google LLC („Google“), 1600 Amphitheater Parkway Mountain View, CA 94043, USA. Google Analytics also uses cookies, which enable an analysis of your use of the website. The following cookies are used for this purpose:

_ga: this Google Analytics cookie is used to distinguish visitors when collecting information about site visits. This helps us to identify frequently visited website areas and hence, optimizing our web presence. The _ga cookie does not allow the visitor to be personally identified, as no personal information or data is tracked. In general, these “permanent cookies” are stored for a period of two years. The retention period is explained by the interest in being able to carry out yearly statistical comparisons with regard to web analysis.

_gat: this Google Analytics cookie is used to monitor requests relating to our server and, if necessary, to throttle the request rate. The _gat cookie does not allow us to personally identify the visitor, as no personal information or data is tracked. In general, these “permanent cookies” are stored in your browser for a period of 10 minutes.

_gid: this Google Analytics cookie is used to distinguish visitors when collecting information about their page visits (number of page views). This cookie helps us to identify and thus improve areas of the website. The _gid cookie does not allow us to personally identify the visitor, as no personal information or data is tracked. In general, these “permanent cookies” are stored in your browser for a period of 24 hours. The retention period is explained by the interest in being able to carry out yearly statistical comparisons with regard to web analysis.

The information generated by the cookies about the use of this website by users is usually transferred to a Google server in the USA and stored there. On our website IP-anonymization has been activated so that the IP address of users within member states of the European Union or in other signatory states to the Agreement on the European Economic Area is shortened before being stored on Google’s servers (so-called IP masking). Therefore, the full IP address is not transferred to a Google server in the USA. We would like to point out that on this website Google Analytics has been extended by the code “gat._anonymizeIp();” in order to ensure this anonymized collection of IP addresses.

On behalf of the operator of this website, Google will use this information to evaluate the use of the website by the users, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the internet. Furthermore, we have therefore concluded a data processing agreement with Google for the use of Google Analytics (Art 28 GDPR).

The USA is a third country for which neither an adequacy decision pursuant to Art 45 para 3 GDPR nor appropriate safeguards pursuant to Art 46 GDPR are provided. The USA does not have an adequate level of data protection comparable to the European Union, which is why the USA is to be classified as an insecure third country. Hence, risks may arise from the transfer of your personal data during further processing in the USA (e.g. US security authorities have extensive access rights to data files processed in the USA).

We will transfer your data only if you have expressly consented to the transfer of the data. You give us your consent to do so by accepting the use of analytics cookies by means of our cookie tool.

If you do not actively consent to the retention of cookies, no information about your user behaviour will be collected or evaluated. In this case, however, we are not able to collect aggregated information which serves to provide us with an insight into the use of our website so that we can constantly improve it.

For more information about Google’s terms of use and privacy policy, please visit

https://marketingplatform.google.com/about/analytics/terms/us/  and

https://policies.google.com/privacy?hl=en.

Deactivating Cookies

You can control and/or erase cookies at will. For this purpose, you can use our cookies tool, which allows you to withdraw your consent to the use of functionality and/or analytics cookies at any time. To do this, you only need to click on the button on the lower left-hand side of our website, which has a gear wheel that will reopen the cookies tool and allow you to make changes.

Furthermore, you have the possibility to erase cookies via your browser. You can find detailed information about this on the website of the browser you use (e.g. Mozilla Firefox, Internet Explorer, Edge, Chrome, Safari).

You can erase all cookies stored on your computer and set most browsers to prevent the retention of cookies. However, you may then have to make some settings manually each time you visit the website and accept the impairment of some functions.

last update September 2020