Data Protection

Data Protection Declaration under the GDPR

I.  Name and Address of the Controller

The controller according to Art. 4 No. 7 GDPR respectively service provider according to sec. 13 Telemediengesetz (German Telemedia Act) is:

FPS Fritze Wicke Seelig Partnerschaftsgesellschaft von Rechtsanwälten mbB (hereinafter referred to as: FPS)
Eschersheimer Landstraße 25-27
D-60322 Frankfurt am Main
Germany
E-mail: frankfurt@fps-law.de
Telephone: +49 (0)69 – 95957-0
Fax: +49 (0)69 – 95957-455

II.  Name and Address of the Data Protection Officer

The controller’s data protection officer is:

Anja Andresen
FPS Fritze Wicke Seelig PartG von Rechtsanwälten mbB
Eschersheimer Landstraße 25-27
D-60322 Frankfurt am Main
Germany
Telephone: +49 (0)69 – 95957-0
Fax: +49 (0)69 – 95957-455
E-mail: dsb@fps-law.de

III.  General Information on Data Processing

  1. Scope of Personal Data Processing

    Basically, we process personal data of our users only where this is required to provide a functional website and services. Personal data of our users is collected and processed solely for those purposes we are entitled to as long as necessary for attaining these pruposes and regularly only after the user has given their consent. An exception to this applies in cases where prior obtainment of any consent is not possible for actual reasons and data processing is permitted by legal regulations.

  2. Legal Basis for Personal Data Processing

    Where we obtain any consent from the data subject for methods of personal data processing, Art. 6 (1) lit. a and Art. 7 GDPR serves as a legal basis for personal data processing. If processing personal data is necessary for the performance of a contract to which the data subject is party, Art. 6 (1) lit. b GDPR serves as a legal basis. This also applies to processing methods required to take steps prior to entering into a contract.

    (-) Where personal data processing is necessary for compliance with a legal obligation to which our law firm is subject, Art. 6 (1) lit c GDPR serves as a legal Basis.

    If processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 (1) lit. (d) GDPR serves as legal basis.

    (-) If processing is necessary for the purposes of any legitimate interest pursued by our law firm or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms, then Art. 6 (1) lit. f GDPR serves as the legal basis for processing.

  3. Data Erasure and Storage Period

    The data subject’s personal data will be erased or blocked once the purpose of such storage ceases to be relevant. In addition, the data can be stored if this has been provided for by European or national legislators in Union law regulations, laws or other legislation by which the controller is governed. Blocking or erasure of the data will then be done if a storage period specified by the named standards expires, the necessity for storing the data further must only be for concluding a contract or fulfilling a contract.

IV.  Provision of the Website and Creation of Log Files

  1. Description and Scope of Data Processing

    Any time that our internet pages are called-up, the server automatically collects data and information from the computer system of the accessing Computer.

    The following data will be collected:
    (1) the IP address of the user
    (2) date and time of Access
    (3) regional origin, language
    (4) the requested file or URL
    (5) browser and operating system

    The data will also be stored in the log files of our system. This does not affect the IP addresses of the user or other data which allow for attribution of the data to a user. This data will not be stored together with other personal data of the user.

  2. Legal Basis for Data Processing

    The legal basis for temporary data retention is Art. 6 (1) lit f GDPR.

  3. Purpose of Data Processing

    It is necessary for the system to temporarily store the IP address, to allow the website to be delivered to the computer of the user. To this end, the IP address of the user must remain stored. Such purposes are also the basis for our legitimate interest in data processing according to lit. (f) of Art. 6 (1) GDPR.

  4. Duration of Storage

    The data will be erased as soon as it is no longer required to achieve the purpose of its collection. In the case of collection of data for the provision of the website, this is the case when the relevant session Ends.

  5. Option of Objection and Elimination

    The collection of data is necessary for the provision of the website, and storage of the data in log files is necessary for the operation of the website. Consequently, the user has no option to object.

V.  Use of Cookies

  1. Description and Scope of Data Processing

    Our website uses cookies. Cookies are text files which are stored within or by the internet browser in the user’s computer system. If a user accesses a website, a cookie can be stored in the user’s operating system. The system places “session cookies” and, in addition, a cookie whether the note on this has been confirmed. The cookie has a lifetime of 14 days. This cookie contains a distinctive sequence of characters allowing for clear identification of the browser the next time the website is accessed.

    Upon accessing our website, the user is informed on the use of cookies and their consent to processing of the personal data used in this context is obtained. In this connection, the user is also informed of this Data Protection Declaration.

  2. Legal Basis for Data Processing

    The legal basis for personal data processing using cookies is Art. 6 (1) lit f GDPR. The legal basis for personal data processing using technically required cookies is Art. 6 (1) lit. f GDPR.

  3. Purpose of Data Processing

    The purpose of the use of cookies is to facilitate the use of websites for the users. Such purpose is also the basis for our legitimate interest in personal data processing according to Art. 6 (1) lit. f GDPR.

  4. Duration of Storage, Option of Objection and Elimination

    Cookies are stored on the computer of the user, and transferred from it to our site. Therefore, you as the user, also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transfer of cookies. Furthermore, the browser can be set to send a message as soon as cookies are sent. Cookies which have already been stored can be deleted at any time. This can also occur automatically. If cookies are deactivated for our website, you may not have full access to the website functions. Temporary cookies or “session cookies” or “transient cookies” are deleted after a user leaves our website and closes his browser.

VI.  Contact Form and E-Mail Contact

  1. Description and Scope of Data Processing

    There is a contact form on our website, which can be used to contact us electronically. If a user uses this option, then the data entered into the input screen will be transferred to us and stored. This data is:

    (1) Form of address,
    (2) Title,
    (3) First name, last Name,
    (4) E-Mail address
    (5) Company,
    (6) Position,
    (7) Contact for which FPS site,
    (8) Message (free text).

    Moreover, the IP address is stored at the time of sending the message. Your consent will be obtained to process the data in the course of the sending process, and this data protection agreement will be referred to. Alternatively, we can be contacted using the e-mail address provided. In this case, the personal data of the user transferred with the e-mail will be stored. In this context, data will not be passed on to third parties. The data will exclusively be used for processing the conversation.

  2. Legal Basis for Data Processing

    The legal basis for data processing where the user has given their consent thereto is lit. a of Art. 6 (1) GDPR. The legal basis for the processing of data in the course of sending an e-mail is Art. 6 (1) lit. f GDPR. If the e-mail contact is aimed at concluding a mandate agreement, an additional legal basis for processing is lit. (b) of Art. 6 (1) GDPR.

  3. Purpose of Data Processing

    Processing personal data from the input screen serves solely to handle the contact and reply to your request in this context. In the case of contact by e-mail, this is the necessary legitimate interest in processing the data. The other personal data processed during the sending process serves to prevent abuse of the contact form and ensure the security of our IT systems.

  4. Duration of Storage

    Your data will be erased as soon as it is no longer required to achieve the purpose of its collection. For personal data from the input screen of the contact form and that sent by e-mail, this is the case when the relevant conversation with the user ends. The conversation ends when it can be seen from the circumstances that the relevant case has been conclusively clarified and that no mandating takes place. The additional personal data collected during the sending process will not be stored by the system of the input screen.

  5. Option of Objection and Elimination

    The user can withdraw his consent to personal data processing at any time. If the user contacts us by e-mail, then he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. Please send your withdrawal of consent to the following address: dsb@fps-law.de. All personal data stored in the course of contact will be erased in this case.

VII. Google Maps

This website uses Google Maps API in order to provide a visual illustration of geographic information. When Google Maps is used, Google also collects, processes and uses data on the use of the map function by users. You can find more information on data processing by Google in the Google privacy policy. There, you can also change your data protection settings in the privacy centre. Further information on the management of your own data in connection with Google products is set forth here.

VIII.  Application Process

We collect and process personal data for the purpose of handling application processes. For this purpose, Art. 6 (1) sentence 1 lit. b) GDPR, Sec. 26 German Federal Data Protection Act (New) or, in case of a consent, Art. 6 (1) sentence 1 lit. a), Art. 7 GDPR shall form the legal basis. Any personal data which is processed by us in the course of an application is protected against unauthorised accesses and manipulations through appropriate technical and organisational measures. User data will be collected for the purpose of filling vacancies in all partner law firms. The legal basis here is Art. 6 (1) sentence 1 lit. f GDPR. Processing can also take place electronically. In particular, this is the case when users transfer to us application documents electronically, e.g. by e-mail. If we enter into an employment contract with the user, the data transferred will be stored for the purpose of managing the employment relationship, observing the applicable legal provisions. If we do not enter into an employment contract, the application documents will be automatically deleted six months after notification of the decision to the extent an erasure is not prevented by other legitimate interests or there is no consent to unlimited storage provided by the user. Other legitimate interests in this context shall include, for example, burden of proof in a process under the General Equal Treatment Act (AGG).

IX.  Encryption

For reasons of security and protection of the transfer of confidential contents you send to us, for example in the course of an application process, our website uses an SSL encryption (256-bit key, TLS 1.2). You can recognise an encrypted connection by the address line in the browser changing from “http://” to “https://” and by the lock symbol in the browser line. If the SSL encryption is activated, the data you transmit to us cannot be accessed by third parties.

X.  Rights of the Data Subjects

If your personal data is processed, you are a data subject in the sense of the GDPR and you have the following rights towards the controller:

  1. Right of Access (Art. 15 GDPR)

    You can request from the controller a confirmation whether we process personal data relating to you.

    If such processing takes place, you can request the controller to provide you with the following Information:

    (1) the purposes, for which personal data is used;
    (2) the categories of personal data processed;
    (3) the recipients or categories of recipients to whom the personal data relating to you was or will be disclosed;
    (4) the envisaged duration of storage of the personal data relating to you, or, if concrete information on this is not possible, criteria for determination of the storage period;
    (5) the existence of the right to request from the controller rectification or erasure of personal data, a right to restriction of processing of personal data concerning the data subject or to object to such processing;
    (6) the right to lodge a complaint with a supervisory authority;
    (7) any available information as to the source of the data if the personal data was not collected from the data subject;
    (8) the existence of automated decision-making including profiling under Art. 22 (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 a right to be provided with information as to whether the personal data relating to you was transmitted to a third country or to an international organisation. In this context, you can request information on the appropriate safeguards in acc. with Art. 46 GDPR in connection with the transfer.

    Within the framework of the right to access apply the restrictions according to sec. 34, 35 BDSG (Federal Data Protection Act).

  2. Right to Rectification (Art. 16 GDPR)

    You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data related to you is incorrect or incomplete. The controller must perform rectification immediately.

  3. Right to Restriction of Processing (Art. 18 GDPR)

    Under the following circumstances, you can request us to restrict processing of the personal data relating to you:

    (1) if you contest the accuracy of the personal data relating to you, for a period which enables the controller to verify accuracy of the personal data;
    (2) if processing is unlawful, but you refuse erasure of the personal data, requesting instead that use of the personal data be restricted;
    (3) if the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims, or
    (4) if you have objected to processing acc. to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of you.

    Where processing of the personal data relating to you has been restricted, such data may – except for storing thereof – only be processed with your consent or for the establishment, exercise or defence 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. Where processing has been restricted pursuant to the aforementioned conditions, you will be notified by the controller before the restriction is lifted.

  4. Right to Erasure (Art. 17 GDPR)

    a) Obligation to Erase

    You may demand the controller to erase your personal data without undue delay and the controller is obliged to erase such data without undue delay where one of the following grounds applies:

    • Your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
    • You withdraw your consent on which processing is based acc. to Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR, and there is no other legal ground for processing.
    • You object to processing acc. to Art. 21 (1) and there are no overriding legitimate grounds for processing, or you object to processing acc. to Art. 21 (2) GDPR.
    • Your personal data has been unlawfully processed.
    • Your personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
      • Your personal data has been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.

    b) Information to Third Parties

    Where the controller has made your personal data public and is obliged acc. to Art. 17 (1) GDPR to erase it, the controller, taking account of available technology and the cost of implementation, takes reasonable steps, including technical measures, 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, such personal data.

    c) Exemptions

    The right to erasure does not apply to the extent that 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 acc. to Art. 9 (2) lit. h and i as well as Art. 9 (3) GDPR;
    (4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes acc. to Art. 89 (1) GDPR in so far 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 defence of legal claims.

    Within the framework of the right to erasure apply the restrictions according to sec. 34, 35 BDSG (Federal Data Protection Act).

  5. Right of Information (Art. 19 GDPR)

    If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the latter is obliged to notify all recipients, to whom your personal data have been disclosed, of such rectification or erasure of the data or restriction of processing, unless this turns out to be impossible or produces unreasonable burdens.

    You have the right vis-à-vis the controller to be informed of such recipients.

  6. Right to Data Portability (Art. 20 GDPR)

    You have the right to receive any personal data related to you that has been provided by you to the controller in a structured, commonly used and machine-readable format. Moreover, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data has been provided, where

    (1) the processing is based upon a consent in acc. with Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or upon a contract in acc. with Art. 6 (1) lit. b GDPR and
    (2) processing is carried out by automated means.

    In exercising such right, you further have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.

    The right to data portability does not apply to any personal data processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.

  7. Right to Object (Art. 21 GDPR)

    You have the right to object, on grounds relating to your particular situation, at any time to any processing of your personal data which is based on Art. 6 (1) lit. e or f GDPR, including profiling based on those provisions. The controller no longer processes your personal data, unless the controller demonstrates compelling legitimate grounds for processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where your personal data is processed for direct marketing purposes, you have the right to object at any time to any processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

  8. Right to Withdraw any Consent Given Under Privacy Law

    You have the right to withdraw at any time your consent for the processing of personal data given under privacy law. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

  9. Automated Individual Decision-Making Including Profiling (Art. 22 GDPR)

    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 entering into, or performance of, a contract between you and the Controller;
    (2) is authorised 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) is made with your explicit consent.

    Nevertheless, such decisions must not be based on special categories of personal data referred to in Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

    In the cases referred to in (1) and (3), the controller implements 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 his or her point of view and to contest the decision.

  10. Right to Lodge a Complaint With a Supervisory Authority (Art. 77 GDPR in conjunction with sec. 19 BDSG)

    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 your personal data infringes the GDPR. The supervisory authority with which the complaint has been lodged informs the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy acc. to Art. 78 GDPR.

XI.  Categories of recipients of personal data

Some of the aforementioned services are executed by carefully selected service providers commissioned in accordance to data protection laws. Those external service providers are bound by our directives and controlled on a regular basis. These service providers will not forward your data to third parties.

  • We only forward your data if required by law, with your consent or if we are entitled to do so. If any of these requirements exist, possible recipients can be:
  • Public authorities and institutions (for example tax authorities, law enforcement authorities) in case of legal or administrative duty;
  • other companies or similar corporations which receive your personal data in order for us to fulfil our business relation to you.

XII.  Intention of forwarding personal data to a third country or an international organisation

Active forwarding of personal data to a third country takes place solely if expressly stated within the framework of the aforementioned services.

PRIVACY NOTICE