Status: 01.09.2018
P R I V A C Y  P O L I C Y
 
Herewith we are providing you with information how we usually deal with your personal data as a visitor of the website www.law-dlt.com .
 
  • Our core principle is data minimisation.
  • For these reasons we generally abstain from collecting personal data of visitors of this website with any analytics tools, profiling or a contact form.

It is possible to visit this website without leaving personal data behind and without them being processed. The only issue to be aware of regarding personal data is log files that ensure the functionality of this website. For further information, please, have a closer look at the paragraph regarding log files. 

In general, we would like to inform you in a comprehensive manner about your basic rights regarding the processing of personal data as they are guaranteed in accordance with the General Data Protection Regulation [REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC] and national German Law.

I. Controller
The controller and person who determines the purposes of data processing in the meaning of the General Data Protection Regulation (GDPR) and according to German Data Protection Laws and other provisions is:

Rechtsanwältin Dace L. Luters-Thümmel
Berliner Allee 51-53
D – 40212 Düsseldorf
Tel.: +49-(0)211-52391-484
Fax: +49-(0)211-52391-200
E-Mail: info@law-dlt.com
www.law-dlt.com
 

II. General information on data processing

1. Scope of processing personal data
We only process personal data of our visitors to an extent that is necessary to ensure the functionality of the website and the access to its contents. Personal data are only processed – if at all - if the visitor has given consent to the processing or for the purposes of legitimate interests. An exception to the requirement of prior consent does apply when a prior consent cannot be given for technical reasons and/or the processing of data is permitted by law.

2. Legal basis for the processing of personal data
Art. 6 para. 1 lit. a GDPR is the legal basis for asking the individual to give his or her consent to the processing of his or her personal data.
Art. 6 para. 1 lit. b GDPR is the legal basis for processing personal data that are necessary for the performance of a contract to which the individual concerned is a party. This also applies to processing of data that are necessary for entering into a contract.
Art. 6 para. 1 lit. c GDPR is the legal basis for the processing of personal data that are necessary for compliance with a legal obligation of our law office or the principal of this law office.
Art. 6 para. 1 lit. d GDPR is the legal basis for the processing of personal data that are necessary to protect the vital interests of the individual concerned or of another natural person.
Art. 6 para. 1 lit. f GDPR is the legal basis for processing of personal data that are necessary for the purposes of the legitimate interests pursued by our law office or by a third party and where the interests, fundamental rights or freedoms of the individual concerned do not override those aforementioned legitimate interests.   

3. The erasure of data and storage limitation
The personal data of the individual will be erased or blocked for processing when the purpose of processing has ceased. The processing period can be extended if this is foreseen according to EU law or national law provisions to which the controller is subject. The blocking or erasure of data will also apply to cases where the European or national legislator has foreseen a particular time limit for data storage, unless there is a necessity for a longer storage of data in the context of conclusion or fulfilment of a contract.    

III. Functionality of the website and usage of log files

1. Description of data processing and scope of processing
With every visit of our website our system automatically collects data and information from the computer system of the visitor. The following data are collected:
Log files and cookies.

2. Legal basis for the collection of data
Art. 6 para. 1 lit. f GDPR is the legal basis for the temporary storage of data and logfiles.

3. Purpose of data processing
The temporary storage of the IP-address of the visitor by our system is necessary to ensure that the website can be displayed on the computer of the visitor. Therefore the IP-address of the visitor has to be stored for the duration of his or her session.   
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in detail:
What are log data?
Log data are data that are automatically collected and stored if you visit our website. For example, when visitors click on an image or HTML file on the website, it is logged. All these data are collected in a so-called log file - a file with which all these processes are recorded.
Why are log data collected?
STRATO AG uses the log data as the basis for statistical evaluation, which we do not make use of as the operator of the website. In addition to the statistical analysis of the website, the data are also stored by STRATO AG in order to optimize services and to be able to detect and defend against attacks.
Which kind of data does STRATO AG collect?
STRATO AG uses a format that has established itself as the industry standard and is called the "Apache Combined Log Format". The following information is hidden behind this:
 
  • Customer domain: it is recorded for which domain log data are stored.
  • Anonymized client IP: IP addresses are collected to identify where the servers may be attacked from. STRATO AG stores these data for a maximum of seven days, as is customary in the industry. They will then be made anonymous.However,for data protection reasons, the IP addresses in the log file can only be viewed anonymously from the very beginning. An example: 123,456,789,001 becomes anon-123-456-165-41.invalid.
  • Timestamp: This is an indication of the day and time on which the visitor visited the website. 
  • Request line: This is the path of the destination address without the domain. When the visitor clicks on an image of the website, the URL "thewebsite.com/image.jpg" is behind it. The request line is then "/image.jpg".
  • Status code: Certain sequences of digits (code) stand for a defined meaning (status), e.g. the  404 page. This is always displayed if a called page or file cannot be found. 404 is the status code that indicates that the visitor wanted to visit a non-existent page. The Internet Assigned Numbers Authority has defined a number of other status codes that are useful for error analysis: 200 means OK, for example - here the user was able to access the page without errors.
  • Size of the response body: When the visitor visits the website, he or she temporarily downloads data. These are, for example, the images and texts that he or she sees in his or her browser. The log file specifies how large these data are.
  • Referer sent from the client: This field shows from which page the visitor of the website has come.
  • User agent sent by the client: Here, for example, you can find information on the type and version of the browser and operating system used by the visitor.
For further details and updates on the topic  see also  https://strato.de/blog/dsgvo-logfiles/ ,  unfortunately only available in German.
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In summary, it can be said that the data are stored in log files to ensure the functionality of the website. In addition, the data serves to optimize the website and to ensure the security of the information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
Such purposes can be qualified as legitimate interests in data processing and are justified according to Art. 6 para. 1 lit. f GDPR.

4. Storage limitation
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, however, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Right to object and possibility of erasure
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

IV. Use of cookies

1. Description of data processing and scope of processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.
This website uses session cookies. Session cookies temporarily save the Internet visit and are deleted when the browser is closed. This type of cookies does not store any information about the user, according to the assurance of STRATO AG. See also further information: https://www.strato.de/faq/article/2763/Fragen-zur-Auftragsverarbeitungsvertrag-AVV-und-der-neuen-EU-Datenschutzgrundverordnung-DSGVO.html#cookies , unfortunately only available in German. 
 

V. Rights of the data subject
If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the data controller:

1. Right to information
You can ask the controller to confirm whether personal data concerning you are processed by us.
If such processing has occurred, you can request the following information from the controller:
 
  1. the purposes of the processing of personal data;
  2. the categories of personal data concerned;
  3. the recipients or categories of recipients to whom your personal data have been or will be disclosed;
  4. the envisaged duration of the storage of your personal data or, if specific information on this is not possible, criteria for determining the storage period;
  5. the existence of a right to request from the controller rectification or erasure of personal data, a right to restriction of processing by the controller or a right to object to such processing;
  6. the existence of a right to lodge a complaint with a supervisory authority;
  7. any available information on the source 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 and the significance and envisaged consequences of such processing for the data subject.
 
You have the right to request information as to whether the personal data concerning you is transferred to a third country outside the EU or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 DSGVO relating to the transfer.

2. Right to rectification
You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are incorrect or incomplete. The controller shall make the correction without undue delay.   

3. Right to limitation of processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
  1. if you contest the accuracy of the personal data concerning you for a period of time that enables the data controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you oppose the erasure of the personal data and instead request the restriction of their use;
  3. the controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
  4. if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been verified whether the legitimate grounds of the controller override yours.
 
If the processing of your personal data has been restricted, these data may only be processed - apart from their storage - with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the EU or an EU Member State.
If the processing was restricted according to the above conditions, you will be informed by the controller before the restriction is lifted again.

4. Right to erasure (“right to be forgotten”)

a) Duty to erase

You may request the controller to erase your personal data without undue delay and the controller is obliged to erase this data without undue delay if one of the following grounds applies:
  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit.a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
  3. You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR (direct marketing).
  4. The personal data have been processed unlawfully.
  5. The erasure of personal data is necessary for compliance with a legal obligation under EU law or the law of the EU Member States to which the controller is subject.
  6. The personal data have been collected in relation to the offer of information society services pursuant to Art. 8 para. 1 GDPR (concerning children).
 
b) Information to third parties

If the controller has made the personal data public and is obliged to erase it pursuant to Art. 17 para. 1 GDPR, he/she shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data. This paragraph is only mentioned for the sake of completeness, because the Code of Conduct of attorneys-at-law imposes a special obligation on the attorney to maintain confidentiality.

c) Exceptions

The right to erasure does not exist if the processing is necessary,
  1. to exercise the right of freedom of expression and information,
  2. to comply with a legal obligation which requires processing under EU law or under the law of the EU Member States to which the controller is subject to or to perform a task in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right to erasure is likely to make it impossible or seriously impair the achievement of the objectives of such processing, or
  5. to assert, exercise or defend legal claims.
 

5. Notification obligation
If you have exercised your right to rectification, erasure or restriction of processing, the controller is obliged to inform all recipients to whom your personal data have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You shall have the right to be informed of such recipients by the controller.
 
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. In addition, you have the right to transmit this data to another controller without obstruction by the controller to whom the personal data was provided, provided that
  1. processing is based on 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. processing is carried out by automated means.

In exercising this right, you also have the right to request that the personal data be transmitted directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority vested in the controller.
 
7. Right to object
On grounds relating to your particular situation, you have the right to object at any time to the processing of personal data concerning you, which is based on Art. 6 para. 1 lit. e (public interest) or f (legitimate interest of the controller or third parties) GDPR; this also applies to profiling based on those provisions.
The controller shall no longer process the personal data concerning you, unless he/she demonstrates compelling legitimate grounds for the processing, which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling (not carried out by us), insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right to object in the context of the use of information society services by automated means using technical specifications, notwithstanding Directive 2002/58/EC (EPrivacy Directive).
 

8. Right to withdraw the consent to processing of personal data
Where processing is based on consent, you have the right to withdraw your consent to processing of your personal data at any time. The withdrawal of consent shall not affect the lawfulness of the processing based on consent before its withdrawal.
 

9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that produces legal effects concerning you or significantly affects you in a similar manner.
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 permitted by EU law or EU Member State law to which the controller is subject and which foresees suitable measures to safeguard your rights, freedoms and legitimate interests, or
  3. is based on your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a (consent) or g (substantial public interest) GDPR applies and suitable measures are in place to protect your rights, freedoms and legitimate interests.
With regard to the cases referred to in a) and c), the controller implements suitable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
 

10. Right to lodge a complaint with a supervisory authority
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 believe that the processing of your personal data infringes the GDPR.
The supervisory authority shall inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.