Privacy Policy

1. Name and Contact Information

Information about the processing of personal data on the website of Bertschat & Hundertmark Consult GmbH, Lessingstr. 10, 61231 Bad Nauheim Tel: +49 (0) 6032 92670 0

Contact details

Data Protection Officer
Torsten Walla

C/o Bertschat & Hundertmark Consult GmbH, Lessingstr. 10, 61231 Bad Nauheim,

Tel: +49 (0) 6032 92670 25
Fax: +49 (0) 6032 92670 99

E-Mail: t.walla@bertschat-hundertmark.de


2. Scope and purpose for processing personal data

Website Login

By logging into https://www.bertschat-hundertmark.de/en/ , the Internet browser used by the visitor (also referred to as the “data subject”) automatically sends data to the server of this website and stores it for a limited time in a log file. Until deleted, the following data is automatically stored:

  • IP address of the visitor’s device
  • Date and time of the visit
  • Name and URL of pages visited
  • The referrer URL
  • Browser and operating system of the visitor’s device together with the name of the access provider used by the visitor

The processing of this personal data is in accordance with Art. 6, 1 (f) GDPR.  The firm has a legitimate interest in the processing of data for the purpose of:

  • Building connections to the group’s website
  • To enable a user-friendly application
  • To identify and ensure safe and stable systems
  • To simplify and improve the website administration

The processing of data is not carried out with the intention of obtaining information about the visitor.


3. Transmission of data

Personal data will be forwarded to third parties if

  • The data subject has given consent according to Art. 6, 1 (a) GDPR
  • The onward transmission according to Art. 6, 1 (f) GDPR is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data
  • Processing is necessary according to Art. 6, 1 (c) GDPR for compliance with a legal obligation to which the controller is subject
  • Processing is necessary according to Art. 6, 1 (b) GDPR for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract

In other cases, personal data will not be shared with third parties.


4. Cookies

Cookies are used on the website. They are data packets which are exchanged between the visitor’s browser and the website of B&H Law (B&H Rechtsanwaltgesellschaft mbH). They are stored on the device used by the visitor (PC, notebook, tablet, mobile etc.). Cookies do not cause any damage; they do not have any viruses or malicious software.  Information relating to the device used is stored in the cookies. B&H Law cannot immediately ascertain the identity of the visitor to its website.

In the main, most browsers accept cookies. However the browser settings can be set up in such a way that either they do not accept them or that a special reminder is given before acceptance. It should be noted that if cookies are deactivated, this may lead to reduced functionalities of online services.

The use of cookies facilitates the optimum use of the B&H Law website. Session cookies can be used to determine which pages the visitor has already read. These cookies are automatically deleted when the website has been closed.

Temporary cookies are also installed to improve the user-friendly nature of the site.  They are saved on the visitor’s device temporarily.  When the website is visited subsequently, automatic recognition of the earlier visit takes place so that repetition of input and settings is not required.

Cookies are also used for the purpose of gathering statistical information from visitors in order to analyse and improve the service offered. These cookies identify previous visits.  After a specified time, these cookies are deleted.

Data processed for the above purposes by these cookies is in accordance with Art. 6, 1 (f) GDPR, for the purposes of the legitimate interests pursued by the group.


5. Live Chat Function

This website utilises Userlike, a live chat software programme from Userlike UG (Ltd.), Probsteigasse 44-46, 50670 Cologne, Germany. Userlike uses cookies and text files that are stored on the visitor’s device to permit personal conversations in the form of a real-life chat. Data is neither used to identify visitors, nor to ascertain information about the pseudonymous owner. Information on Userlike’s privacy policy can be found on: https://userlike.com/de/terms.


6. Google Maps

We have incorporated maps from the service provider Google Maps. This means that Google can identify the user’s IP address and is necessary to send the relevant information to the user’s browser. Please be advised that Google operates its own Data Privacy Policy, independent of ours. We accept neither responsibility nor liability. Users should check Google’s Privacy Policy before using our website.

 

7. Google Fonts

We have incorporated fonts from the service provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. View their Privacy Policy on: https://www.google.com/policies/privacy. To opt out follow the link: https://adsettings.google.com/authenticated.


8. Data Subject Rights

In connection with the processing of data as a visitor to our website, you have, as a “Data Subject”, the following rights in accordance with GDPR:

8.1Information

You are entitled to know if we are processing your personal data. No such right exists if it violates confidentiality according to §83 Tax Consultancy Act (StBerG) or specifically to protect the legitimate interests of a third party with reference to secrecy. However, there may be an obligation to provide such information if the user’s interests, due to potential damages, outweigh the third party’s interests with reference to secrecy. The right to access is also excluded where data is only stored for a statutory period or for data protection regulations, where disclosure would be unnecessarily time-consuming and other methods of processing are not technically available. If your right of access is not excluded and your personal data has been processed by us, you are entitled to the following information:

  • Purpose for the processing
  • Type of personal data processed
  • Recipients or types of recipients to whom personal data are disclosed – in particular third country recipients
  • Where possible the planned duration of storage; if not the criteria for determining the duration of such storage.
  • The right to rectify, delete, limit or deny the processing of personal data
  • The right to appeal to a regulatory supervisory data protection authority
  • The right to know from where personal data has been gathered if not from yourself
  • The potential existence of automated decision-making including profiling and the logic involved in such activities
  • In the case of potential transmission to third countries, if not covered by the EU Commission – Art. 45, 3 GDPR and/or Art 46, 2 GDPR with reference to the adequacy and guarantees of the level of protection of personal data.

8.2 Rectification and Completion

If you are aware that we hold incorrect data about you, then you have the right to ask for its correction or where incomplete, its completion.

8.3 Erasure

You have the right to data deletion (“The right to be forgotten”) unless the processing is necessary for the right to free speech, the right to retain information, for the fulfilment of a legal duty or to carry out a task in the interest of the public and where one of the following conditions applies:

  • It is no longer necessary to retain the personal data
  • You have withdrawn your consent
  • You have objected to the processing of your personal data, which we have made public
  • You have objected to  the processing of personal data obtained from a third party and there are no legitimate reasons for its processing
  • Your personal data has been processed unlawfully
  • The deletion of personal data is a legal requirement imposed on us.

The request for deletion will not be met if, in the case of legitimate processing, it is not possible to do so or would be unnecessarily time consuming and your interest is low. In this case, further processing will be restricted.

8.4 Restrictions on data processing

You may request the restriction of data processing if one of the following conditions applies:

  • You dispute the accuracy of the data. The restriction may, in this case, be put in place whilst we verify the accuracy of said data
  •  Its processing is illegal and you have requested restriction in place of deletion
  • Your personal data is no longer needed for the purpose originally granted by you and you need to assert, exercise or defend your rights
  • You have exercised your right in accordance with Art. 21, 1 GDPR. Your personal data will no longer be processed unless the firm demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.  We have a duty to inform you before we lift the restriction.

8.5 Lawfulness of Processing and Rights

Processing of data is only lawful if you have given consent to the processing of personal data for one or more specific purposes (Art. 6, 1 (a) or Art. 9, 2 (a) GDPR), you are party to a contract and the processing has been carried out by automated methods. Provided that it does not affect the rights and freedoms of others, the right to transfer data includes the following;

  • You have the right to obtain the data in a structured, straightforward, computer readable format
  • You have the right to forward this data to another party without interference from us. Where technically feasible, you may ask us to transfer the data on your behalf.

 

8.6 The Right to Object

You have the right, at any time, based on your specific situation, to object to the processing of your personal data provided it was processed in accordance with either Art. 6, 1 (e) or (f) GDPR. Following such an objection, we will no longer process data unless we can provide legitimate grounds that take precedence over your interests, rights and freedom or for asserting, exercising or defending legal claims.

You have the right, at any time, to object to the processing of personal data for the purpose of direct marketing activity. This also applies to any profiling linked to direct marketing activity. Following such an objection, we will no longer process data for this purpose.

You can inform us of your objection by phone, by email or in writing to the address listed at the beginning of the Data Privacy Policy.

8.7 Withdrawing Consent

You have the right, at any time, to revoke your consent. You can inform us of your withdrawal by phone, by email or in writing to the address listed at the beginning of the Data Privacy Policy. This will not affect the previous data processing, based on consent provided earlier. Upon receipt of the revocation, no further processing will be initiated. 

8.8 Complaints

If you are of the opinion that your personal data has been illegally processed, you may contact a regulatory supervisory data protection authority with jurisdiction either over your residence, workplace or the location where the alleged infringement took place.


9. Status and Updates to our Privacy Policy

This Privacy Policy is dated 25th May, 2018. We maintain the right to update the Privacy Policy at any time in order to improve data protection and/or to conform to changes in regulatory practice or in the law.