1. Name and Contact Information of the Controller and of the Company Data Protection Office
This data protection information applies to data processed by:
Controller: Viering, Jentschura & Partner mbB (hereinafter: VJP)
Address: Grillparzerstraße 14, 81675 Munich, Germany
Tel.: +49 89 2106 970
Fax: +49 89 2106 9795
The company data protection officer of VJP can be contacted at the above-mentioned address, to the attention of Ms. Gebele, respectively at datenschutz(at)vjp.de.
2. Collection and Storage of Personal Data as well as Type and Purpose of their Use
a) Grant of a Mandate
When you mandate us, we collect the following information:
- title, first name, surname
- a valid e-mail address
- telephone number (landline and/or cellphone) as well as
- information necessary to assert and defend your rights under the mandate.
These data are collected
- to identify you as our client
- to appropriately give you legal advice and represent you
- to communicate with you
- for invoicing
- to settle any liability claims that may exist and to assert any claims that may arise against you.
The data will be processed upon your request and is required for the above-mentioned purposes for the appropriate processing of the mandate and for the mutual fulfilment of obligations arising from the mandate agreement in accordance with Art. 6 para. 1 sent. 1 lit. b of the General Data Protection Regulation (GDPR).
The personal data collected by us for the mandate will be stored until the end of the legal storage obligation for lawyers (6 years after the end of the calendar year in which the mandate was terminated) and then deleted, unless we are obliged to store them for a longer period of time pursuant to Art. 6 para. 1 sent. 1 lit. c GDPR due to tax and commercial law storage and documentation obligations (from German Commercial Code, German Criminal Code or German Fiscal Code) or you have consented to further storage pursuant to Art. 6 para. 1 sent. 1 lit. a GDPR.
b) Visiting our Website
When you visit our website www.vjp.de, the browser on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted:
- IP address of the requesting computer
- date and time of access
- name and URL of the retrieved file
- the website from which access is made (referrer URL)
- the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The mentioned data will be processed by us for the following purposes:
- ensuring a smooth connection to the website
- ensuring comfortable use of our website
- evaluation of system security and stability as well as
- for other administrative purposes.
The legal basis for data processing is Art. 6 para. 1 sent. 1 lit. f GDPR. Our legitimate interest follows from the purposes listed above for data collection. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you as a person.
3. Disclosure of Data
Your personal data will not be transmitted to third parties for purposes other than those listed below.
We will only pass on your personal data to third parties if:
- you have given your explicit consent pursuant to Art. 6 para. 1 sent. 1 lit. a GDPR,
- the disclosure pursuant to Art. 6 para. 1 sent. 1 lit. f GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
- in the event that a legal obligation exists for the transfer pursuant to Art. 6 para. 1 sent. 1 lit. c GDPR, and
- this is legally permissible and necessary for the processing of contractual relationships with you pursuant to Art. 6 para. 1 sent. 1 lit. b GDPR. This includes in particular the disclosure to opposing parties and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of correspondence and for asserting and defending your rights. The data disclosed may only be used by the third party for the stated purposes.
The attorney-client privilege remains unaffected. As far as it concerns data which are subject to the attorney-client privilege, a passing on to third parties only takes place in consultation with you.
4. Rights of the Data Subject
You have the right:
- pursuant to Art. 15 GDPR, to request information about your personal data processed by us; in particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;
- pursuant to Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;
- pursuant to Art. 17 GDPR, to request the deletion of your personal data stored by us unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- pursuant to Art. 18 GDPR, to restrict the processing of your personal data if you dispute the accuracy of the data and the processing is unlawful but you refuse to have the data deleted, we no longer need the data, but you need it to assert, exercise or defend legal claims or if you have filed an objection to the processing pursuant to Art. 21 GDPR;
- pursuant to Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, current and machine-readable format, or to request its transfer to another responsible person;
- pursuant to Art. 7 para. 3 GDPR, to revoke your consent once given to us at any time; this has the consequence that we may no longer continue the data processing, which was based on this consent, for the future; and
- pursuant to Art. 77 GDPR, to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or your workplace or of our office. The competent supervisory authority for our office is:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Address: Promenade 27, 91522 Ansbach, Germany
Tel.: +49 981 5313 00
Fax: +49 981 5398 1300
5. Right to object
If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sent. 1 lit. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, provided that there are reasons for this, which arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which we will implement without specifying a particular situation.
If you would like to make use of your right of revocation or objection, simply send an e-mail to datenschutz(at)vjp.de.
6. Data Security
When you visit our website, we use TSL or SSL procedures in conjunction with the highest level of encryption supported by your browser. Whether a single page of our website is transmitted in encrypted form is indicated by the closed display of the key or lock symbol in the lower status bar of your browser.
We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
7. Validity and Amendments of this Privacy Statement
This data protection declaration is currently valid and has the status as of December 2020.
Due to the further development of our website and offers above or due to changed legal or official requirements, it may become necessary to change this Privacy Statement. You can access and print out the current Privacy Statement at any time on our website https://www.vjp.de/tw/data-protection-mbb.