Privacy
Privacy Policy
Note: The following privacy policy is a translation of our German privacy policy. In case of a legal dispute, the German version is valid.
Privacy policy
General information
The following notes provide a simple overview of what happens to your personal data when you visit our website. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.
I. Name and address of the person responsible
The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Moser Götze & Partner Patentanwälte mbB
Paul-Klinger-Straße 9
45127 Essen
Telephone: 0201 95972 0
E-mail: info@mosergoetze.de
The responsible body is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses or similar).
II. Data protection officer
We have appointed an external data protection officer for our company, who can be reached at datenschutz@mosergoetze.de.
III. General information on data processing
- Scope of the processing of personal data
As a matter of principle, we process personal data of our users only insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly carried out only with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by legal regulations.
- Legal basis for the processing of personal data
Insofar as we obtain consent from the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f GDPR serves as the legal basis for the processing.
- Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
IV. Provision of the website and creation of log files
- Description and scope of data processing
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected in this process:
(1) Information about the browser type and version used.
(2) The operating system of the user
(3) The user’s Internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user’s system accesses our website
(7) Websites that are accessed by the user’s system via our website
The log files contain IP addresses or other data that allow an assignment to a user. This could be the case, for example, if the link to the website from which the user arrives at the Internet site or the link to the website to which the user goes contains personal data.
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
- Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR.
- Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.
- Duration of storage
The data will be deleted as soon as they are no longer required 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.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
- Possibility of objection and elimination
The collection of data for the provision of the website and the storage of the 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.
V. Use of cookies
- Description and scope of data 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. When a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
– Language settings
– Log-in information
- Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 (1) lit. f GDPR.
- Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
We require cookies for the following applications:
– Acceptance of language settings
The user data collected through technically necessary cookies are not used to create user profiles.
- Duration of storage, possibility of objection and removal
Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
VI. E-mail contact
- Description and scope of data processing
It is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing theconversation.
- Legal basis for data processing
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR.
- Purpose of the data processing
The processing of personal data from the contact by e-mail serves us solely to process the contact. This is also the basis for the necessary legitimate interest in processing the data.
- Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of 30 days at the latest.
- Possibility of objection and elimination
If the user contacts us by e-mail, 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 revocation of consent or objection to storage to the above address (or by e-mail to datenschutz@mosergoetze.de.).
All personal data stored in the course of contacting us will be deleted in this case.
VII. Applications by e-mail
- Description and scope of data processing
You have the option to send us an application by e-mail. During this sending process by e-mail, our servers log the following data:
– Sender address
– Date and time
– recipient address
– IP address and, if applicable, its routes
– subject
– message content
– Attachments, if applicable
Your data will not be passed on to third parties in connection with your application. The data will be used exclusively for processing within the application process.
- Legal basis for data processing
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f GDPR. In addition, the legal basis for sending an e-mail for the purpose of concluding an employment or training contract is Art. 6 (1) lit. b GDPR.
- Purposes of data processing
The processing of personal data from your application documents and from your e-mail serves us solely to process your application within the application process and to contact you. In the case of hiring and contacting you by e-mail, this also constitutes the necessary legitimate interest in processing the data.
- Duration of storage
The data of the application including the attachments will be stored for up to six months after completion of the application process. In the event of employment, this data will be stored as part of the contractual relationship with you. If you have given us your consent, your data may be included in an applicant pool. The storage period for this is a maximum of one year.
- Possibility of objection and elimination
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the application process cannot be continued.
The objection can be made by e-mail or by post. For this purpose, the necessary contact details are available in the imprint. All personal data stored in the course of contacting us will be deleted in this case.
VIII. Rights of the data subject
If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:
- Right to information
You may request confirmation from the controller as to whether personal data concerning you are being processed by us.
If such processing is taking place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether the personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
- Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
- Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the controller’s legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may – apart from being stored – only be processed with your consent or for the establishment, exercise or defense 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 a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
- Right to deletion
a) Obligation to delete
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons 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(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist to the extent that the processing is necessary
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under 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 pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
- Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right against the controller to be informed about these recipients.
- 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, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.
(1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, 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, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
- Right to revoke the declaration of consent under data protection law.
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
- Automated decision in individual cases including profiling.
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 the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
- Right to complain to 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 residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
IX. OpenStreetMap
We use the open source map service “OpenStreetMap” (also called “OSM”) of the Openstreetmap Foundation, St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom of Great Britain and Northern Ireland to display an interactive map on the website. If you click on the map and agree to the transfer, your IP address will be transferred to the Openstreetmap Foundation as part of your use of the interactive map. Openstreetmap is responsible for this processing.
Purpose and legal basis
The transfer of the IP address is based on your consent pursuant to Art. 6 (1) (a) GDPR, for the use of the services of Openstreetmap. Processing of the IP address transmitted by you is necessary for the purpose of using the interactive map.
Recipients of the personal data
Openstreetmap is the recipient of the IP address, all information on how this is handled can be found here.
Transfer to third country
When using Openstreetmap, a transfer of personal data to the United Kingdom of Great Britain and Northern Ireland takes place. This transfer takes place on the basis of Art. 45 (1) (1) GDPR. All further information on the handling of your data can be found here.
Storage period
We have no influence on the data processing by Openstreetmap. We are not responsible for the data processing. All information about the handling of your data can be found in the privacy policy of the Openstreetmap Foundation: https://wiki.osmfoundation.org/wiki/Privacy_Policy
X. Changes to this privacy policy
We reserve the right to change our privacy policy if necessary due to new technologies or legal requirements. Please make sure that you have the latest version.