Data Protection Declaration
NEUBAUER LIEBL BIERSCHNEIDER MASSINGER
Münchener Straße 49
Fon +49 841 8814208-0
Fax +49 841 8814208-20
Thank you for your interest in our website and our range of services.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject is always carried out at NEUBAUER LIEBL BIERSCHNEIDER MASSINGER in accordance with the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
The use of our Internet pages is basically possible without any indication of personal data. If the processing of personal data is necessary in certain cases, we only process it if the data subject has consented, this are necessary for the fulfillment of a contract or a law permits or prescribes the collection, processing or use.
The following declaration gives you an overview of what kind of data is processed, to what extent and for what purpose and we would like to inform you about your rights.
I. Name and address of the data controller
The data controller in the sense of the GDPR and other national data protection laws of the member states as well as other data protection regulations is:
Patentanwaltskanzlei NEUBAUER LIEBL BIERSCHNEIDER MASSINGER GbR
NEUBAUER LIEBL BIERSCHNEIDER MASSINGER
Münchener Straße 49
Telefon: +49 841 8814208-0
II. Data Protection Officer
The appointment of a data protection officer is not prescribed for the patent law firm NEUBAUER LIEBL BIERSCHNEIDER MASSINGER GbR according to the GDPR after the legal assessment of a commissioned lawyer and regulatory assessment of the situation by the Bavarian State Office for Data Protection Supervision (BayLDA), as the special requirements of Art. 37 para. 1 GDPR are not fulfilled and no circumstances of § 38 para. 1 BDSG exist.
If you have any questions regarding the handling of your personal data and the exercise of your rights as a data subject, you can contact us at any time using the above contact details.
III. General information on data processing
1. Scope of processing of personal data
We collect and use your personal data as visitors to our website only insofar as this is necessary to provide a functioning website as well as our contents and services. The collection and use of your personal data takes place regularly only with your consent. An exception applies in those cases where prior consent cannot be obtained for actual reasons and the processing of the data is permitted by law.
2. legal basis for the processing of personal data
As far as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfill a legal obligation, to which our law firm is subject, Art. 6 para. 1 lit. c GDPR shall serve as the legal basis.
In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR shall serve as the legal basis.
If processing is necessary to safeguard a legitimate interest of our firm or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit f GDPR serves as the legal basis for processing.
3. Data deletion and storage duration
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 by the European or national legislator in EU 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 by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Every time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
(1) Information about the type of browser and version used
(2) The user's operating system
(3) The user's Internet service provider
(4) The user's Internet address
(5) Date and time of access
(6) Websites from which the user's system accesses our website
(7) Websites accessed by the user's system via our website
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.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
Temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this, 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 pursuant to Art. 6 para. 1 lit. f GDPR also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was 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, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. Possibility of objection and elimination
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.
1. Description and scope of data processing
The following data is stored and transmitted in the cookies:
(1) Language settings
(2) Log-in information
This way, the following data can be transmitted:
(1) Entered search terms
(2) Frequency of page views
(3) Use of website functions
The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data will not be stored together with other personal data of the users.
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 letter f GDPR.
3. Purpose of data processing
We need cookies for the following applications:
(1) Adoption of language settings
(2) Remembering search terms
The user data collected by technically necessary cookies are not used to create user profiles.
The analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimize our offer.
For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR.
4. Duration of storage, possibility of objection and removal
VI. Rights of the data subject
If personal data is processed by you, you are a "data subject" in the sense of the GDPR and you have the following rights vis-à-vis us as data controllers:
1. Right to information
You can ask the data controller to confirm whether personal data concerning you will be 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 that is processed;
(3) the recipients or the categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of 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 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 the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.
2. Right of rectification
You have a right of rectification and/or integration with the data controller if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period which 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 the restriction of the use of the personal data;
(3) the data controller no longer needs the personal data for the purposes of the processing, but you need them for the enforcement, exercise or defense of legal claims; or
(4) if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you 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 restriction has been restricted according to the above conditions, you will be informed by the data controller before the restriction is lifted.
4. Right of deletion
a) Duty to delete
You may require the data controller to delete the personal data relating to you immediately and the data controller is obliged to delete such data immediately if one of the following reasons applies:
(1) Personal data concerning you is no longer necessary for the purposes for which it was 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 file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the data controller for the data is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
b) Information to third parties
If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 GDPR, he 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.
The right to deletion does not exist insofar as the processing is necessary
(1) to exercise freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the data controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the data 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 law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. 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 the personal data concerning you has been disclosed of this correction or deletion 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.
6. Right to data transferability
You have the right to receive the personal data concerning you 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 person in charge without obstruction by the person in charge 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 means of automated methods.
In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to transferability 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 data controller.
7. Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you, which is based on Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The data controller no longer processes the personal data concerning you, 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 the personal data concerning you is 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, insofar as it is associated with 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 of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
8. 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.
9. 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 - which 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 person responsible,
(2) is admissible under Union or Member State law to which the person responsible is subject and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
(3) with your express 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 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 his own position and to challenge the decision.
10. 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 are staying, working or allegedly infringing, if you believe that the processing of personal data concerning you is contrary to the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.