DATA PROTECTION

Berghofer Attorneys take the protection of personal data seriously. This data protection statement serves to inform visitors of Berghofer Attorneys’ websites (“users”) about what data are collected, processed and used, and for which purposes when using Berghofer Attorneys’ websites.

Responsibility for the processing of data

The responsibility for the lawful collection, processing and use of user data lies with Michael Berghofer, Attorney, Josef-Jägerhuber-Str. 10, 82319 Starnberg.

COLLECTION AND PROCESSING OF DATA

Personal data in terms of the present data protection statement means individual details about your personal and factual affairs of the user, in particular the users name, date of birth, email address, postal address and phone number. Personal data within the meaning of the present data protection statement also includes information on the use of the website of Berghofer Attorneys: information on visits to our website including the volume of data transfer, location from where users are browsing as well as other connection data and sources are collected, usually by means of lock files and cookies (see below)

PROCESSING PURPOSES

Berghofer Attorneys will use personal data to secure an effective and interesting internet presentation to the user and provide information about the services of Berghofer Attorneys to the user.

Certain offers on Berghofer Attorneys’ websites, such as initiating contact via the contact form, can only be used if the user transmits the required personal data and explicitly consents in their use. By filling in the contact form on the website, the user, by operating the “send” button, explicitly agrees that Berghofer Attorneys store and process that user’s personal data transferred via the contact form for the purpose of handling the user’s request and potentially replying to the user. This does not include an authorization to disclose personal data to third parties: personal data conveyed via the contact form will not be disclosed to third parties.

INFORMATION ABOUT USER’S COMPUTER, COOKIES

With every access to the website of Berghofer Attorneys, the following information about the user’s computer will be collected: IP address, request from the user’s browser including the time of request, the status and the transferred data volume as well as the website from which the website of Berghofer Attorneys was accessed. Berghofer Attorneys uses these data in order to detect and remedy potential technical problems and to prevent – and if necessary prosecute – misuse of the content of Berghofer Attorneys’ websites; in addition these data are used in anonymized form not allowing the identification of the user for statistical purposes and in order to improve the website (Sect. 15(1) German Telemedia Act (TMG) / Article 7 f) Directive 95/46/EC or, starting from 25 May 2018: Article 6(1), sentence 1 f) of the European General Data Protection Regulation 2016/679).

The webpages of Berghofer Attorneys use cookies, i.e. small pieces of data stored on the user’s data carrier exchanging certain settings and data with Berghofer Attorneys system via the user’s browser. A cookie generally contains the name of the domain from which cookie data were sent as well as information on the age of the cookie and an alphanumeric identifier. Cookies allow Berghofer Attorneys structure the website in a way that appeals to and makes things easier for the user, for example, by having certain entries of the user stored so that he or she does not have to retype them. Berghofer Attorneys does neither use the information stored in the cookies to identify the user nor is it combined with other personal data that may be stored on the user.

A user who does not want to accept the use of cookies is free to modify his browser settings so that cookies will not be accepted; in this case, it may however not be possible to fully use all functions of Berghofer Attorneys website.

GOOGLE ANALYTICS

The websites of Berghofer Attorneys use functions of the web analytics service Google analytics, the provider of which is Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043 USA (“Google”). Google analytics also uses cookies. The information generated by that cookie about the use of the website will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for member states of the EU or the EEA; only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider, Google will use this information for the purpose of evaluating the use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage to the website provider. Google will not associate user’s IP address with any other data held by Google. The user may refuse the use of cookies by selecting the appropriate settings on his / her browser, but may then not be able to use the full functionality of this website. Furthermore, a user can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser blocking available under tools.google.com/dlpage/gaoptout.

If the user only wishes to accept cookies from Berghofer Attorneys to the exclusion of third party cookies of service providers and partners, he / she can modify the browser settings accordingly.

DATA TRANSMITTED IN CONNECTION WITH CONTACTING BERGHOFER ATTORNEYS

Berghofer Attorneys’ webpages offer the option to contact Berghofer Attorneys. The personal data transmitted to Berghofer Attorneys in this context are used exclusively for handling the respective request. The legal basis for the processing of the data described in this point is Section 28(1), sentence 1, no. 1/2 Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) or, as from 25 May 2018: Article 6(1)(b) or (f) of the European General Data Protection Regulation 2016/679.

NON-DISCLOSURE OF PERSONAL DATA

Berghofer Attorneys will not disclose user’s personal data to any third party unless the user has expressly consented to the release of the data or Berghofer Attorneys is obliged by law or due to an administrative or court order to pass on the data.

PLACE OF DATA STORAGE

Unless otherwise specified in this data protection statement, personal data is processed in data centers that are located within the scope of application of the European data protection directive 95/46/EC or (as from 25 May 2018) the EU General Data Protection Regulation 2016/679.

TERM OF DATA STORAGE

Personal data will be deleted if and when knowledge thereof is no longer required for the purposes described in this data protection statement unless statutory provisions prescribe a longer storage.

AMENDMENTS OF DATA PROTECTION STATEMENT

Berghofer Attorneys reserves the right to change any content of the present data protection statement with future effect at any time. A current up-to-date version is available on Berghofer Attorneys’ website.

CONSENTS

By using this website, you may have consented explicitly in the storage, processing and use of personal data; you can withdraw this consent at any time with future effect.

CONTACT FORM:

By using the Contact form and hitting the “send” button, the user consents to the following: For the purpose of processing my request and eventual feedback, I consent to the storage, processing and use of my personal data transferred by the contact form.

USERS’ RIGHTS

The user as well as, if applicable, all other persons possibly affected by Berghofer Attorneys use of the data have a right to be provided with information about the personal data stored by Berghofer Attorneys and, where the respective statutory requirements have been met, a right to rectification, to erasure, restriction of processing and to object to the processing.

As from 25 May 2018 (applicability of the European General Data Protection Regulation 2016/679), users of Berghofer Attorneys’ webpages and, if applicable, other affected persons will also have the right to receive the personal data they have provided in a structured, commonly used and machine-readable format. This includes the right to transmit these data to another controller. If this is not technically possible, the users of Berghofer Attorneys’ webpages and, if applicable, the other persons affected shall, as from the specified time, also be able to demand that Berghofer Attorneys transmit the personal data directly to the other controller.

In order to exercise the right specified in this point as well as in the case of questions and complaints concerning the use of their personal data users of the website and, if applicable, the other persons affected can contact Michael Berghofer, LL.M., Attorney, Josef-Jägerhuber-Straße 10, 82319 Starnberg, phone: +49 8151 55 66 547, Email: mb@berghofer-legal.de.