Privacy

Information on data processing regarding the client relationship and privacy policy

Welcome to the website of our law firm Hauck Patent- und Rechtsanwälte. The following information will give you an overview of the nature, scope and purpose of the collection and use of personal data by our law firm for client service and when visiting our website.

I. Name and contact data of the controller

Responsible body for the collection, processing and use of your personal data within the meaning of the EU General Data Protection Regulation (GDPR) is

Hauck Patent- und Rechtsanwälte
Kaiser-Wilhelm-Straße 79-87, 20355 Hamburg, Germany
Tel.: + 49 (0) 40 / 36 67 55
Fax: + 49 (0) 40 / 36 40 39
E-Mail: hamburg@hauck-patent.de

II. Name and contact data of the company’s data protection officer

Hauck Patent- und Rechtsanwälte
Mr. Tobias Nickel
Kaiser-Wilhelm-Straße 79-87, 20355 Hamburg, Germany
Tel.: + 49 (0) 40 / 36 67 55
Fax: + 49 (0) 40 / 36 40 39
E-Mail: nickel@hauck-patent.de

III. Data processing for client service

The following notes on data processing regarding the client service serve the fulfillment of our information obligations according to Art. 13 and 14 GDPR.

1. Scope, nature and purpose of the processing of personal data and duration of storage

When you engage us, we collect the following information:

Title, first name, last name
A valid email address
Postal address
Phone number (landline and/or mobile phone)
Information that is necessary in connection with the engagement for establishing and defending your rights, including your property rights

These data are collected

in order to be able to identify you as our client,
in order to be able to advise and represent you on patent and legal matters,
for the purposes of correspondence with you, including after the engagement ends, and
for billing purposes.

Data are processed in response to your enquiry, and in accordance with Article 6(1)(b) GDPR, processing is necessary for the appropriate handling of the engagement and for the reciprocal fulfilment of obligations under the contract of engagement.

Insofar as we obtain your consent for processing of personal data Article 6(1)(a) GDPR serves as legal basis. Insofar as it is necessary to process personal data in order to fulfill a legal obligation our law firm is subject to Article 6(1)(c) GDPR serves as legal basis. If the processing is necessary for the purposes of the legitimate interests of our law firm or a third party, and if the interests and fundamental rights and freedoms of the person concerned do not outweigh the former interest, Article 6(1)(f) GDPR serves as legal basis.

The personal data collected by us for establishing the engagement are stored until expiry of the statutory retention period for lawyers (six years after the end of the calendar year in which the engagement was terminated) and then erased, unless in accordance with Article 6(1)(c) GDPR, we are obligated on the basis of retention and documentation duties prescribed by tax or commercial law (the German Commercial Code (HGB), the German Criminal Code (StGB), or the German Fiscal Code (AO)) to store them for a longer period or in accordance with Article 6(1)(a) GDPR, you have consented to storage for a longer period.

2. Disclosure of data to third parties

Your personal data are not transmitted to third parties for purposes other than those listed in the following. We disclose your personal data to third parties only if:

You have expressly given your consent to do so in accordance with Article 6(1)(a) GDPR,
Disclosure in accordance with Article 6(1)(f) GDPR is necessary for the establishment, exercise, or defence of legal claims and there is no reason to believe that you have an overriding legitimate interest in the non-disclosure of your data,
In the event that a legal obligation exists for the disclosure in accordance with Article 6(1)(c) GDPR, or
This is legally permissible and, in accordance with Article 6(1)(b) GDPR, is necessary for performing contractual relationships with you.

This includes, in particular, disclosure to opposing parties and their representatives, to lawyers collaborating with us, including where they are not based in the EU, and to courts and other public authorities for the purpose of correspondence, as well as disclosure for the purpose of establishing and defending your rights, including property rights. The disclosed data may be used by the third party solely for the specified purposes.

The foregoing does not affect attorney-client privilege. Where data are involved that are subject to attorney-client privilege, they are disclosed to third parties only after conferring with you.

3. Rights of the data subject

You have the following rights:

Pursuant to Article 7(3) GDPR, to withdraw at any time the consent that you granted to us. This means that we may no longer continue with the data processing on which such consent was based;
Pursuant to Article 15 GDPR, to obtain information about your personal data processed by us. In particular, you can obtain information about the purposes of the processing, the category of the personal data, the categories of recipient to whom the personal data have been or will be disclosed, the envisaged storage period, the existence of the right to rectification, erasure, restriction of processing and to object, the right to lodge a complaint, and the source of your data where they are not collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about it;
Pursuant to Article 16 GDPR, to obtain without undue delay the rectification of inaccurate personal data stored by us or, where they are incomplete, to have them completed;
Pursuant to Article 17 GDPR, to obtain the erasure of personal data stored by us, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims;
Pursuant to Article 18 GDPR, to obtain restriction of the processing of your personal data where the accuracy of the personal data is contested by you, the processing is unlawful but you oppose their erasure, we no longer need the data but they are required by you for the establishment, exercise or defence of legal claims, or you have objected to processing pursuant to Article 21 GDPR;
Pursuant to Article 20 GDPR, to receive the personal data that you provided to us in a structured, commonly used, and machine-readable format or to obtain transmission to another controller;
Pursuant to Article 77 GDPR, to lodge a complaint with a supervisory authority. To do so, you can normally write to the supervisory authority responsible for your customary place of residence, for your workplace, or for the offices of our law firm.

4. Right to object

If your personal data are processed on the basis of legitimate interests pursuant to Article 6(1)(f) GDPR, then pursuant to Article 21 GDPR, you have the right to object to the processing of your personal data on grounds relating to your particular situation.

If you would like to make use of your right to revoke consent or your right to object, please send an email to nickel@hauck-patent.de.

IV. Online privacy policy - provision of the website and creation of logfiles

1. Collection and storage of personal data as well as the nature and purpose of their use

When visiting our website http://www.hauck-patent.de, information is automatically sent by your end device’s browser to our website’s server. This information is temporarily stored in a log file.

In the process, the following information is collected without any action on your part and then stored until it is automatically deleted:

IP address of the requesting computer,
Date and time of day of access,
Name and URL of the accessed file,
Website from which access was made (referrer URL),
Browser used and, in some cases, operating system of your computer, as well as the name of your access provider.

These data are processed by us for the following purposes:

Ensuring that a connection to the website can be established smoothly,
Ensuring that use of our website is convenient,
Evaluating system security and stability, and
For other administrative purposes.

The legal basis for processing the data is Article 6(1)(f) GDPR. Our legitimate interest derives from above-listed purposes for data collection. In no event do we use the collected data for the purpose of drawing conclusions about your identity.

If you contact us via one of the e-mail addresses provided, we will store your personal data transmitted by e-mail. In this context, there is no disclosure of the data to third parties without your express consent. The data is used exclusively for processing the conversation.

The data processing for the purpose of contacting us is in accordance with Article 6(1)(a) GDPR based on your voluntarily granted consent.

If you subsequently mandate us, we will process your data according to the above explanations under section III. regarding the data processing in client relationship.

In addition, we use cookies when our website is visited. For further explanations about this, please see Section 2 of this Data Protection Policy.

2. Cookies

We use cookies on our site. Cookies are small files that your browser automatically creates and that are stored on your end device (laptop, tablet, smartphone, or the like) when you visit our site. Cookies do not harm your end device or contain viruses, Trojan horses, or other malware.

Information is stored in the cookie that relates to the specific end device being used. However, this does not mean that we obtain direct knowledge of your identity through the cookie.

Cookies help make it more convenient for you to use our site. For instance, we use session cookies in order to recognise that you have previously visited individual pages on our website. These cookies are automatically deleted when your leave our site.

In addition, also for the purpose of optimising user-friendliness, we use temporary cookies, which are stored for a specified period of time on your end device. If you visit our site again in order to make use of our services, it is automatically recognised that you had previously visited us and which entries and settings you made so that these do not have to be entered again. For example, we save the selection of the language in which our website is to be displayed when you visit our website via such a cookie.

The data processed by cookies are necessary for the aforementioned purposes of the legitimate interests pursued by us and third parties in accordance with Article 6(1)(f) GDPR.

Most browsers automatically accept cookies. However, you can configure your browser in such a way that no cookies are stored on your computer or that you always are prompted before a new cookie is placed. Complete deactivation of cookies may however mean that you will be unable to use all features of our website.

3. Analysis tools and social media plug-ins

We do not use analysis tools, especially profiling, or social media plug-ins on our website.

4. Rights of the data subject

You have the following rights:

Pursuant to Article 15 GDPR, to obtain information about your personal data processed by us. In particular, you can obtain information about the purposes of the processing, the category of the personal data, the categories of recipient to whom the personal data have been or will be disclosed, the envisaged storage period, the existence of the right to rectification, erasure, restriction of processing and to object, the right to lodge a complaint, and the source of your data where they are not collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about it;
Pursuant to Article 16 GDPR, to obtain without undue delay the rectification of inaccurate personal data stored by us or, where they are incomplete, to have them completed;
Pursuant to Article 17 GDPR, to obtain the erasure of personal data stored by us, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims;
Pursuant to Article 18 GDPR, to obtain restriction of the processing of your personal data where the accuracy of the personal data is contested by you, the processing is unlawful but you oppose their erasure, we no longer need the data but they are required by you for the establishment, exercise or defence of legal claims, or you have objected to processing pursuant to Article 21 GDPR;
Pursuant to Article 20 GDPR, to receive the personal data that you provided to us in a structured, commonly used, and machine-readable format or to obtain transmission to another controller;
Pursuant to Article 7(3) GDPR, to withdraw at any time the consent that you granted to us. This means that we may no longer continue with the data processing on which such consent was based; and
Pursuant to Article 77 GDPR, to lodge a complaint with a supervisory authority. To do so, you can normally write to the supervisory authority responsible for your customary place of residence, for your workplace, or for the offices of our law firm.

5. Right to object

If your personal data are processed on the basis of legitimate interests pursuant to Article 6(1)(f) GDPR, then pursuant to Article 21 GDPR, you have the right to object to the processing of your personal data on grounds relating to your particular situation or where the objection relates to direct marketing. In the latter case, you have a general right to object, which we must implement without a particular situation needing to be specified.

If you would like to make use of your right to revoke consent or your right to object, please send an email to nickel@hauck-patent.de.

6. Version and amendment of this Data Protection Policy

This Data Protection Policy is currently valid in the version of May 2018.

If our website or offers on it are enhanced, or if statutory or regulatory requirements should change, it may be necessary to amend this Data Protection Policy. The current version of this Data Protection Policy can be viewed and printed out by you at any time by visiting our website.