Data Protection Information for Visitors to Our Website and Information on Data Processing in the Framework of Mandates
A. NAME AND CONTACT INFORMATION
This data protection information applies to data processing by FS-PP Berlin Frank Auffermann Vogel Albrecht Partnerschaft von Rechtsanwälten mbB.
Potsdamer Platz 8, 10117 Berlin, Germany
Telephone: +49 - (0)30 31 86 85 – 3
Telefax: +49 - (0)30 31 86 85 – 55
E-mail:
www.fs-pp.de
You can reach our data protection officer at
or by post at our address and/or by telephone or fax at the numbers given above.
B. DATA PROTECTION INFORMATION FOR VISITORS TO OUR WEBSITE
1. Collection and storage of personal data and the nature and purpose of its use
1.1. When you visit our website
When you call up our website, www.fs-pp.de, the browser installed on your terminal automatically sends information to the server which hosts the website. This information is temporarily stored in a so-called logfile. The following information is collected without any action on your part and is stored until it is automatically deleted:
- the IP address of the computer accessing the site,
- the date and time of the visit,
- the name and URL of the file retrieved,
- the website from which our website was accessed (referrer URL),
- the browser used, and possibly the operating system in use on your computer and the name of your access provider.
We process this data for the following purposes: - to ensure smooth connection to our website,
- to ensure ease and convenience of use of our website,
- to analyze system security and stability, and
- for other administrative purposes.
The legal basis for data processing is Art. 6 (1)(1) (f) GDPR. Our legitimate interest derives from the above-mentioned purposes of data collection. At no time do we use the data collected to gain information about you as an individual or your identity.
We also use cookies and analytical services to track visits to our website. You will find further details regarding this under section 4 below.
1.2. When you use our contact form
If you have queries of any kind, we give you the opportunity to contact us via a contact form on our website. In submitting a query via the form, you are required to provide a valid e-mail address so that we know from whom the query has come and can respond. You can also provide further information on a voluntary basis.
Data processing in relation to your initial contact with us is carried out pursuant to Art. 6 (1)(1)(a) GDPR, based on your voluntary consent.
After we have dealt with your query, the personal data which we have collected to enable use of the contact form is deleted in accordance with our data protection guidelines, or, in the event that you become our client, stored in a permissible manner.
2. Transfer of data
Your personal data is not transferred to third parties other than in connection with the purposes stated below.
We transfer your personal data to third parties only if
- you have given your explicit consent to such a transfer of data pursuant to Art. 6 (1)(1) (a) GDPR,
- the transfer of data is, pursuant to Art. 6 (1) ( 1) (f) GDPR, necessary for the establishment, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest in having your data protected, such that it should not be forwarded,
- the transfer fulfills a legal obligation, pursuant to Art. 6 (1) (1) (c) GDPR, or
- such transfer is legal and necessary, pursuant to Art. 6 (1) (1) (b) GDPR, for the performance of contract obligations with you.
3. Cookies
We use cookies on our website. Cookies are small files which your browser generates automatically and which are stored on your device (e.g. laptop, tablet, smartphone) when you visit our website. Cookies do not cause any damage to your device; they do not contain any viruses, Trojans, or other malware.
Information derived from the specific device used is stored on the cookie. This does not mean, however, that we are directly made aware of your identity.
Using cookies allows us, firstly, to make the use of our website smoother and more convenient for you. We use so-called session cookies, for example, to allow us to recognize that you have already visited certain pages on our website. These cookies are automatically deleted after you leave our website.
In addition, to make our website as user-friendly as possible, we also use temporary cookies which are stored on your device for a defined period of time. If you visit our website again, it is automatically recognized that you have already visited the site, and your entries and settings are recalled so that you do not have to enter them again.
Secondly, another purpose for which we use cookies is to generate and analyze statistics regarding the use of our website, and thus to optimize our Internet presence for you (see section 4.). If you return to our website, these cookies allow us to automatically recognize that you have visited the site before. These cookies are automatically deleted after a defined period of time.
The data processed via cookies is necessary to safeguard our legitimate interests, or those of third parties, pursuant to Art. 6 (1) (1) (f) GDPR.
Most browsers accept cookies automatically You can set your browser, however, to block storage of cookies on your computer, or to always notify you before a new cookie is placed. Should you fully deactivate cookies, however, you may not be able to use all functions of our website.
4. Analytical tools
4.1. Tracking tools
The tracking measures which we employ, as set forth here, are carried out pursuant to Art. 6 (1) (1) (f) GDPR. Our aim in using these tracking measures is to ensure that our website meets users’ needs and that we enhance and optimize it on an ongoing basis. Another purpose of the tracking measures is to generate and analyze statistics regarding the use of our website, and thus to optimize our Internet presence for you. These objectives are legitimate interests in the sense of the regulation as cited above.
The purposes of data processing and the categories of data processed can be found under the respective tracking tools.
4.2. Google Analytics
To ensure that the design of our website meets users’ needs and that we enhance the site on an ongoing basis, we use 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 this context, pseudonymized user profiles are generated and cookies are used. The information generated by the cookies about your use of this website, such as
- browser type/version,
- operating system used,
- referrer URL (the previous website visited),
- hostname of the computer from which you are visiting the website (IP address), and
- the time of the server query,
is sent to a Google server in the USA and stored there. The information is used to analyze the use of the website, to compile reports on website activities, and to provide further services connected with the use of the website and with Internet use, for purposes of market research and to allow us to ensure that our Internet presence reflects users’ needs. This information may also be transferred to third parties, to the extent that this is required by law or to the extent that third parties are commissioned to process the data. On no account will Google combine your IP address with other data. The IP addresses are anonymized to ensure that such allocation is not possible (IP masking).
You can prevent the installation of cookies by means of the appropriate setting in your browser software; however, please note that if you do so, you may not be able to use all functions of this website in full.
You can also prevent the collection of the data generated by the cookie in relation to your use of the website (including your IP address), 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 the browser add-on, particularly for browsers on mobile devices, you can also prevent the collection of data by Google Analytics by clicking on https://tools.google.com/dlpage/gaoptout. An opt-out cookie will then be placed which prevents the collection of your data whenever you visit this website in the future. The opt-out cookie applies only for this browser and only for our website, and it will be placed on your device. If you delete cookies in this browser, you must then place the opt-out cookie once again.
For further information on data protection in connection with Google Analytics, please refer to the Google Analytics help function: (https://support.google.com/analytics/answer/6004245?hl=de).
4.3. Google Maps
Our website uses the Google Maps map service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). To enable the Google map material which we use to be integrated and displayed in your browser, your browser must connect to a Google server when you call up the contact page, and this server may be located in the USA. In cases in which personal data is transferred to the USA, Google will comply with the provisions of the EU-US Privacy Shield. Subject to such compliance, Google receives the information that our website’s contact page has been called up by your device’s IP address. The legal basis is Art. 6 (1) (1) (f) GDPR, pursuant to our legitimate interest in integrating a map service for contact purposes.
If you call up the Google map service on our website while you are logged into your Google profile, Google can, in addition, connect this event with your profile. If you do not wish the event to be connected with your Google profile, you must log out of Google before you call up our contact page. Google stores your data and uses it for purposes of advertising, market research, and the personalized display of Google Maps. You can object to this collection of data on the part of Google.
You will find further information regarding the option to object in Google’s Privacy Policy and in the Zusätzlichen Nutzungsbedingungen (Additional Terms of Service, in German) for Google Maps.
4.4. Google AdWords
Our website uses the “AdWords Conversion Tracking” and “AdWords Remarketing” services provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The “AdWords Conversion Tracking” tool captures and analyzes specific client actions which we have defined (such as clicking on an ad, calling up pages, downloading information). We use “AdWords Remarketing” to display individualized advertising for our products to you on Google partner websites. For these purposes, both services use cookies and other similar technologies. In order to perform the relevant analyses, Google may transfer the data collected in this context to a server in the USA and store it there. In cases in which personal data is transferred to the USA, Google will comply with the provisions of the EU-US Privacy Shield.
If you use a Google account, then, depending on the settings which you have selected for your account, Google may link your web and app browser history with your account and use information from your account to personalize ads. If you do not wish your browser history to be linked to your Google account in this manner, you must log out of Google before you call up our contact page.
You can set your browser to block cookies. In addition, you can use the cookie settings set forth in the Google Privacy Policy to prevent the use of Google cookies for advertising purposes.
You will find further information regarding cookie settings in Google’s Privacy Policy.
5. Rights of the data subject
You have the right:
pursuant to Art. 15 GDPR, to request information regarding your personal data which we process. In particular, you can request information regarding the purposes of processing; the categories of personal data; the categories of recipients to whom your data has been or is being disclosed; the planned duration of storage; your right to rectification, to erasure/’to be forgotten’, to restriction of processing, or to object; your right to lodge a complaint; the sources of your data, to the extent that we did not collect it ourselves; and the use of automated decision-making, including profiling, and, if applicable, relevant information on the exact details;
- pursuant to Art. 16 GDPR, to request immediate rectification of your personal data which we have stored if it is inaccurate, or completion if it is incomplete;
- pursuant to Art. 17 GDPR, to request the erasure of your personal data which we have stored, to the extent that processing is not required for the exercise of the right of freedom of expression and information, for compliance with a legal obligation, for reasons of the public interest, or for the establishment, exercise or defense of legal claims;
- pursuant to Art. 18 GDPR, to request restriction of the processing of your personal data if you have contested the accuracy of the data; the processing is unlawful, but you oppose the erasure of the data and we no longer need the data, but it is required for the establishment, exercise or defense of legal claims; or, pursuant to Art. 21 GDPR, you have objected to the processing of the data;
- pursuant to Art. 20 GDPR, to receive the personal data which you have provided to us in a structured, commonly used and machine-readable format or to request transmission of the data to another responsible party;
- pursuant to Art. 7 (3) GDPR, to withdraw the consent which you have given us at any time. Once you withdraw consent, we will no longer be able to continue the data processing in the future that was performed on the basis of this consent; and
- pursuant to Art. 77 GDPR, to lodge a complaint with a supervisory authority. As rule, you can lodge your complaint with the supervisory authority with jurisdiction over your usual place of residence or workplace or over the place in which our law firm is based. The responsible supervisory authority where our law firm is domiciled is the Berlin Commissioner for Data Protection and Freedom of Information (Berliner Beauftragte für Datenschutz und Informationsfreiheit), Ms. Maja Smoltczyk, Friedrichstr. 219, 10969 Berlin, Germany.
6. Right to object
If your personal data is being processed on the basis of legitimate interests in the sense of Art. 6 (1) (1) (f) GDPR, you have the right, pursuant to Art. 21 GDPR, to object to the processing of your personal data if there are grounds relating to your particular situation or if the objection concerns direct marketing. In the latter case, you have a general right to object, which we implement without your being required to give notice of a particular situation. If you would like to exercise your right to withdraw consent or to object, simply send us an e-mail at
7. Data security
During your visit to our website, we employ the commonly used SSL encryption in combination with the highest level of encryption supported by your browser. As a rule, this is 256-bit encryption. If your browser does not support 256-bit encryption, we instead use 128-bit v3 technology. If a specific page of our website is being transmitted on an encrypted connection, you will see a “closed” key or lock symbol in the lower status line of your browser.
In general, we employ appropriate technical and organizational security measures to protect your data against chance or intentional manipulation, partial or complete loss, destruction, or unauthorized access by third parties. Our security measures are enhanced on an ongoing basis in keeping with technological advances.
C. INFORMATION ON DATA PROCESSING IN THE FRAMEWORK OF MANDATES
1. Collection and storage of personal data and the nature and purpose of its use
1.1. Client data for the purpose of processing a mandate
If you engage us in your capacity as a natural person, we collect the following information from you:
- form of address, first name, last name,
- date of birth,
- a valid e-mail address,
- postal address,
- telephone number (landline and/or mobile), and
- information necessary for the establishment and defense of your rights in the framework of your mandate.
We collect this data in order to
- identify you as our client,
- provide you with suitable legal advice and defend/represent you,
- correspond with you,
- invoice you for our services, and
- process any possible liability claims or enforce any possible claims against you.
This data is processed in response to your request and is necessary pursuant to Art. 6 (1) (1) (b) GDPR – “for the performance of a contract” – for the purposes set forth above, for the suitable processing of your mandate, and for the fulfillment by both parties of obligations under the client contract.
1.2. Data on employees of the client for the purpose of processing a mandate
If we are retained by a company, we collect personal data of the client’s employees which is required in connection with the processing of the mandate, namely:
- form of address, first name, last name,
- a valid e-mail address,
- postal address,
- telephone number (landline and/or mobile), and
- information necessary for the establishment and defense of your employer’s rights in the framework of the company mandate.
We collect this data in order to
- identify you as a contact person at the client company or other employee of the client who is connected with the mandate,
- provide our client with suitable legal advice and defend/represent our client,
- correspond with you as a contact person at the client company,
- generate invoices for our services, and
- process any possible liability claims or enforce any possible claims against our client.
We process the personal data of our client’s employees based on a legitimate interest in the sense of Art. 6 (1) (1) (f) GDPR. The legitimate interest on our part consists of carrying out our business activity, and, on your employer’s part, of your employer’s interest in making use of legal services.
1.3. Storage of data for the purpose of defense against liability claims on the part of the client
In addition, we store the data described under sections 1.1 and 1.2 for the purpose of enabling us to defend ourselves against liability claims which may be made against us. To this extent, the data processing is carried out on the basis of a legitimate interest pursuant to Art. 6 (1) (1) (f) GDPR. The legitimate interest consists of defense against unjustified claims.
1.4. Duration of storage
By law, we must retain the personal data which we collect in connection with a mandate until the statutory retention requirement for attorneys (6 years from the end of the calendar year in which the mandate ended) has elapsed. Above and beyond the statutory retention requirement, we retain the data in accordance with the obligation of a longer period of storage pursuant to Art. 6 (1) (1) (c) GDPR, due to retention and documentation requirements under tax and commercial law (based on the German Commercial Code (HGB), German Criminal Code (StGB) or German Fiscal Code (AO)). In individual cases, the period of storage may be longer if there is a legal interest in extending the period which overrides the data subject’s interest in erasure. This decision must be made by a partner. The decision and the reasons for it, in particular the purpose of the extended retention period and the interests involved, must be documented. The decision must be reassessed annually. Processing of the data is permissible only for the purpose documented in the decision.
If you have consented to an even longer period of storage pursuant to Art. 6 (1) (1) (a) GDPR, then we retain the data for a longer period of time.
2. Transfer of data to third parties
Your personal data is not transferred to third parties other than in connection with the purposes stated below.
To the extent necessary for the processing of your mandate pursuant to Art. 6 (1) (1) (b) GDPR, we will transfer your personal data to third parties. This includes, in particular, the transfer of data to opposing parties and their representatives (in particular their attorneys), as well as courts and other public authorities, for purposes of correspondence and for the establishment and defense of your rights. The third party is permitted to use the transmitted data only for the purposes stated.
Attorney-client privilege remains unaffected. To the extent that data is concerned which is subject to attorney-client privilege, the transfer to third parties will take place only in coordination with you.
3. Rights of the data subject
You have the right:
pursuant to Art. 7 (3) GDPR, to withdraw the consent which you have given us at any time. Once you withdraw consent, we will no longer be able to continue the data processing in the future that was performed on the basis of this consent;
pursuant to Art. 15 GDPR, to request information regarding your personal data which we process. In particular, you can request information regarding the purposes of processing; the categories of personal data; the categories of recipients to whom your data has been or is being disclosed; the planned duration of storage; your right to rectification, to erasure/’to be forgotten’, to restriction of processing, or to object; your right to lodge a complaint; the sources of your data, to the extent that we did not collect it ourselves; and the use of automated decision-making, including profiling, and, if applicable, relevant information on the exact details;
- pursuant to Art. 16 GDPR, to request immediate rectification of your personal data which we have stored if it is inaccurate, or completion if it is incomplete;
- pursuant to Art. 17 GDPR, to request the erasure of your personal data which we have stored, to the extent that processing is not required for the exercise of the right of freedom of expression and information, for compliance with a legal obligation, for reasons of the public interest, or for the establishment, exercise or defense of legal claims;
- pursuant to Art. 18 GDPR, to request restriction of the processing of your personal data if you have contested the accuracy of the data; the processing is unlawful, but you oppose the erasure of the data and we no longer need the data, but it is required for the establishment, exercise or defense of legal claims; or, pursuant to Art. 21 GDPR, you have objected to the processing of the data;
- pursuant to Art. 20 GDPR, to receive the personal data which you have provided to us in a structured, commonly used and machine-readable format or to request transmission of the data to another responsible party; and
- pursuant to Art. 77 GDPR, to lodge a complaint with a supervisory authority. As rule, you can lodge your complaint with the supervisory authority with jurisdiction over your usual place of residence or workplace or over the place in which our law firm is based.
4. Right to object
If your personal data is being processed on the basis of legitimate interests in the sense of Art. 6 (1) (1) (f) GDPR, you have the right, pursuant to Art. 21 GDPR, to object to the processing of your personal data if there are grounds relating to your particular situation.
If you would like to exercise your right to object, simply send an e-mail to
D. Up-to-dateness of and changes to this data protection information
This data protection policy is valid in this current version dated May 2018.
Due to ongoing development of our website and our Internet presence, or to changes in statutory requirements or requirements of the authorities, it may become necessary to amend this data protection policy. At any time, you can call up and print the currently valid data protection policy on our website under: https://www.fs-pp.de/datenschutz.