Privacy statement of JURICITY Rechtsanwälte Giebel Kroke Partnerschaft mbB for juricity.com

Last updated: January 2021

A. Name and address of the data controller

The data controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States as well as other data protection provisions is:

JURICITY Rechtsanwälte Giebel Kroke Partnerschaft mbB
represented by the partners Dr. Christoph M. Giebel and Ted Kroke, each with sole power of representation
Mainzer Landstraße 50
60325 Frankfurt am Main
Germany
Phone: +49-69-348751949
Email: privacy@juricity.com
Website: juricity.com

B. Data protection officer

The data controller is not obliged by law to appoint a data protection officer.

C. General information on data processing

I. Scope of processing of personal data

We only process personal data of our users if this is necessary to provide a functioning website or to establish contact between the user and us via this website. The processing of personal data of our users usually only takes place with the user's consent. An exception applies in those cases in which prior consent cannot be obtained for factual reasons and/or the processing of the data is permitted by provisions of statutory law.

II. Legal basis for the processing of personal data

To the extent we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 subpara. 1 lit. a GDPR serves as a legal basis.

If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 subpara. 1 lit. b GDPR serves as a legal basis. This also applies to processing operations that are necessary to carry out precontractual measures.

To the extent the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 subpara. 1 lit. c GDPR serves as a legal basis.

In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para.1 subpara. 1 lit. d GDPR serves as a legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first interest, Art. 6 para. 1 subpara. 1 lit. f GDPR serves as a legal basis.

III. Data erasure and storage time

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for in EU or Member State regulations, laws or other provisions to which the data controller is subject. The data will also be blocked or deleted if a storage period prescribed in one of the aforementioned provisions expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

D. Data processing in detail

I. Provision of the website and creation of log files

1. Description and scope of data processing

Every time you visit our website (juricity.com), our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

  1. Information about the browser type and version used
  2. The user's operating system
  3. The IP address of the user
  4. Date and time of access
  5. Websites accessed by the user's system through our website
  6. The user's Internet service provider
  7. Websites from which the user's system reaches our website

This data is not stored together with other personal data of the user.

The data indicated in paragraphs (1) to (5) above are also stored in the log files of our system.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para.1 subpara. 1 lit. f GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be made available to the user's computer. To that effect the IP address of the user must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. In addition, the data serves us 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.

Our legitimate interest in data processing therefore results from Art. 6 para. 1 subpara. 1 lit. f GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it is collected. In the case of 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, the IP addresses of the users are deleted or alienated, so that an identification of the calling client is no longer possible.

5. Possibility of objection and removal

The collection of the 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.

II. No use of cookies

Our website does use cookies.

III. Contact by email, fax and telephone

1. Description and scope of data processing

Our website contains mail-to-links to our email addresses as well as fax and telephone numbers which can be used by the user to contact us.

In the event that the user subsequently sends us an email, the user's personal data transmitted by the email will be stored to the same extent as the user's personal data, provided the user contacts us via one of the fax or telephone numbers provided on our website and thereby transmits personal data to us.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for the processing of data transmitted to the sending of an email or notified to us by telephone is Art. 6 para. 1 subpara. 1 lit. f GDPR.

If the purpose of the contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 subpara. 1 lit. b GDPR.

3. Purpose of data processing

The processing of the personal data transmitted by the user serves us solely to process the establishment of contact. This also constitutes the necessary legitimate interest in the processing of the data.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For personal data transmitted by email, fax or telephone, this is the case when the conversation with the user has ended. The conversation ends when the circumstances indicate that the matter in question has been finally clarified.

5. Possibility of objection and removal

If the user contacts us by email or telephone, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

The user can object to the storage of personal data at any time by sending an email to privacy@juricity.com, by fax to +49-69-348751949 or by writing to our address (JURICITY Rechtsanwälte Giebel Kroke Partnerschaft mbB, Mainzer Landstraße 50, 60325 Frankfurt am Main).

All personal data stored in the course of contacting us will be deleted in this case.

We may deviate from that exceptionally if there is a concrete suspicion that the user in question might have acted illegally in the context of making contact (e.g. in the case of offensive or other statements that violate personal rights) and a continued storage of the data concerned is therefore at least directly permitted by Art. 6 para. 1 subpara. 1 lit. f GDPR.

IV. Disclosure of personal data to third parties: hosting provider

1. Scope of processing of personal data

Our website is hosted on the server of a hosting provider (currently: STRATO AG, Pascalstraße 10, 10587 Berlin) in the Federal Republic of Germany. The personal data processed by us and described in detail in sections I. to III. above are stored on this server. We have concluded a data processing agreement with the hosting provider.

2. Legal basis for the processing of personal data

The legal basis for passing on the data to the hosting provider is Art. 6 para. 1 subpara. 1 lit. b, 28 GDPR.

3. Purpose of data processing

The data is passed on to the hosting provider in order to enable the operation of the website and to make the content available to users.

4. Duration of storage

The data passed on to the hosting provider will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. The duration of the passing on of the data to the hosting provider is identical to the duration of the storage of the data by us in accordance with the above sections I. to III.

5. Possibility of objection and removal

The aforementioned passing on of the data to the hosting provider as our technical service provider is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

E. Rights of the data subject

If personal data is processed by you as a user, you are affected within the meaning of GDPR and you are entitled to the following rights vis-à-vis the data controller:

I. Right to information

You can ask us to confirm whether your personal data is processed by us.

If such processing has taken place, you can request the following information from the data controller:

  1. the purposes for which the personal data is processed;
  2. the categories of personal data being processed;
  3. the recipients or categories of recipients to whom your personal data concerning has been or is still being disclosed;
  4. the planned duration of the storage of your personal data, if specific information on this is not possible, criteria for determining the storage period;
  5. the existence of a right to rectification or erasure of your personal data, a right to limitation 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 is not collected from the data subject;
  8. the existence of automated decision making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether your personal data is transferred to a third country or to an international organisation. In this context, you can request the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transmission.

II. Right to correction

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

III. Right to limitation of processing

Under the following conditions, you may request that the processing of your personal data be restricted:

  1. if you dispute the accuracy of your personal data for a period that enables the data controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
  3. the data controller no longer needs the personal data for the purposes of the processing, but you need them to assert, exercise or defend legal claims, or
  4. if you object to the processing pursuant to Art. 21 para.1 GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of your personal data has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the processing has been restricted according to the above conditions, you will be informed by the data controller before the restriction is lifted.

IV. Right to erasure

1. Duty of erasure

You may request the data controller to delete the personal data relating to you without undue delay and the controller is obliged to delete this data without undue delay if one of the following reasons applies:

  1. Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
  2. You revoke your consent, on which the processing according to Art. 6 para. 1 subpara. 1 lit. a or Art. 9 para. 2 lit. a GDPR is based, and there is no other legal basis for processing.
  3. In accordance with Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you submit an objection pursuant to Art. 21 para. 2 GDPR opposed to the processing.
  4. Your personal data has been processed unlawfully.
  5. The erasure of your personal data is necessary to fulfil a legal obligation under EU law or the law of the Member States to which the data controller is subject.
  6. Your personal data has been collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

2. Information to third parties

Has the data controller made your personal data public and is obliged to delete it in accordance with Art. 17 para. 1 GDPR, it shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process such personal data that you as the data subject have requested the erasure of, including all links to this personal data or of copies or replications of this personal data.

3. Exemptions

The right to erasure does not exist to the extent the processing is necessary

  1. to exercise freedom of expression and information;on;
  2. for the performance of a legal obligation required for processing under the law of the EU or of a Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
  3. for reasons of public interest in the field of public health in accordance with 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 according to Art. 89 para. 1 GDPR, to the extent that the law referred to in (a) is likely to render impossible or seriously prejudicial the attainment of the objectives of such processing, or
  5. for asserting, exercising or defending legal claims.

V. Right to information

If you have exercised your right to have the data controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom your personal data has been disclosed of this correction or erasure of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

The data controller shall have the right to be informed of such recipients.

VI. Right to data portability

You have the right to receive your personal data that you have provided to the data controller in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another data controller without obstruction by the data controller to whom the personal data was provided, provided that

  1. the processing on a consent according to Art. 6 para. 1 subpara. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract according to Art. 6 para. 1 subpara. 1 lit. b GDPR and
  2. processing is carried out using automated methods.

In exercising this right, you also have the right to request that your personal data be transferred directly from one data controller to another data controller, to the extent this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to 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 conferred on the controller.

VII. Right of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which may be processed in accordance with Art. 6 para. 1 subpara. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The data controller no longer processes your personal data, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.

If you object to the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

VIII. Right to revoke the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

IX. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and the data controller,
  2. is admissible according to the legislation of the EU or of a Member States to which the data controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  3. is reached with your express consent.

However, these decisions may not be based on special categories of personal data according to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the data controller shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the data controller, to state your own position and to challenge the decision.

X. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or are suspected of infringement, if you believe that the processing of your personal data is contrary to the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.

F. Changes to this privacy statement

We reserve the right to make changes to this data protection declaration in the future. This applies in particular in case of implementation of changed legal requirements due to legal changes or changes in administrative or judicial practice.