Private policy

1. Name and contact details of the controller and the external data protection officer.

 

This data protection information applies to data processing by:
Person responsible:
Managing Director Lawyer Jochen Resch
Resch Attorneys at Law GmbH
Kurfürstendamm 129 E
D 10711 Berlin
E-mail: mail@resch-rechtsanwaelte.de
Phone: +49 (0) 30 885977-0

Fax: +49 (0) 30 885977-30

 

The external data protection officer of Resch Rechtsanwälte GmbH can be contacted at the above address, in the name of Manfed Resch, or at datenschutz@resch-rechtsanwaelte.de.
 


2. Collection and storage of personal data as well as type and purpose of their use.
 
a.   When visiting the website
When you visit our website www.resch-rechtsanwalte.de, the browser used on your end 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 collected without your intervention and stored until automated deletion:
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the accessed file,
- website from which the access was made (referrer URL),
- browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The aforementioned data is processed by us for the following purposes:
- Ensuring a smooth connection setup of the website,
- Ensuring a comfortable use of our website,
- evaluation of system security and stability as well as
- for other administrative purposes.

The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest follows from the purposes for data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.
In addition, we use cookies and analysis services when you visit our website. You can find more detailed explanations of this under points 4 and 5 of this data protection declaration.

b.   When registering for our newsletter
If you have expressly consented in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, we will use your e-mail address to send you our newsletter on a regular basis. To receive the newsletter, it is sufficient to provide an e-mail address.
Unsubscribing is possible at any time, for example via a link at the end of each newsletter. Alternatively, you are welcome to send your unsubscribe request by e-mail to newsletter@resch-rechtsanwaelte.de at any time.

c.   When using our contact forms
For questions of any kind, we offer you the opportunity to contact us via the forms provided on the website. In doing so, it is necessary to provide a valid e-mail address so that we know from whom the inquiry originates and so that we can answer it. Further information can be provided voluntarily.

Data processing for the purpose of contacting us is carried out in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO on the basis of your voluntarily given consent.
The personal data collected by us for the use of the contact forms will be automatically deleted after completion of your request.

If you mandate us, we collect the following information:
- Salutation, first name, last name,
- a valid e-mail address,
- address,
- telephone number (landline and/or mobile)
- Information necessary for the assertion and defense of your rights within the scope of the mandate.
The collection of this data is done,
- in order to be able to identify you as our client;
- to be able to provide you with appropriate legal advice and representation;
- to correspond with you;
- for invoicing purposes;
- for the settlement of any existing liability claims and the assertion of any claims against you;

The data processing is carried out upon your request and is necessary according to Art. 6 para. 1 p. 1 lit. b DSGVO for the aforementioned purposes for the appropriate processing of the mandate and for the mutual fulfillment of obligations arising from the mandate agreement.

The personal data collected by us for the mandate will be stored until the expiry of the statutory retention obligation for lawyers (6 years after the end of the calendar year in which the mandate was terminated) and deleted thereafter, unless we are obliged to store the data for a longer period pursuant to Article 6 (1) sentence 1 lit. c DSGVO due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) or you have consented to storage beyond this pursuant to Article 6 (1) sentence 1 lit. a DSGVO.

 

 

3. Transfer of data
 
Your personal data will not be transferred to third parties for purposes other than those listed below.
We only pass on your personal data to third parties if:
- you have given your express consent to do so in accordance with Art. 6 (1) p. 1 lit. a DSGVO,
- the disclosure is necessary for the assertion, exercise or defense of legal claims pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
- in the event that there is a legal obligation for disclosure pursuant to Art. 6 (1) p. 1 lit. c DSGVO, as well as
- this is legally permissible and necessary according to Art. 6 para. 1 p. 1 lit. B DSGVO for the processing of contractual relationships with you.
 Insofar as this is necessary for the processing of client relationships with you according to Art. 6 para. 1 p. 1 lit. b DSGVO, your personal data will be passed on to third parties. 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 the assertion and defense of your rights. The data disclosed may be used by the third party exclusively for the purposes stated.
The attorney-client privilege remains unaffected. Insofar as data subject to attorney-client privilege is involved, it will only be disclosed to third parties in consultation with you.

 

 

4. Cookies
 
We use cookies on our website. These are small files that are automatically created by your browser and stored on your end device (laptop, tablet, smartphone or similar) when you visit our site. Cookies do not cause any damage to your end device, do not contain viruses, Trojans or other malware.

In the cookie, information is stored that arises in each case in connection with the specific end device used. This does not mean, however, that we gain direct knowledge of your identity.

The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.
In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your terminal device for a certain fixed period of time. If you visit our site again to use our services, it is automatically recognized that you have already been to our site and which entries and settings you have made so that you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see section 5). These cookies enable us to automatically recognize that you have already been to our site when you visit it again. These cookies are automatically deleted after a defined period of time.
The data processed by cookies is necessary for the aforementioned purposes to protect our legitimate interests and those of third parties in accordance with Art. 6 (1) p. 1 lit. f DSGVO.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.


 
5. Analysis tools

 
a.   Tracking tools
The tracking measures listed below and used by us are carried out on the basis of Art. 6 (1) p. 1 lit. f DSGVO. With the tracking measures used, we want to ensure a needs-based design and the ongoing optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.
The respective data processing purposes and data categories can be found in the corresponding tracking tools.
       i.      Google Analytics
For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.de/ intl/en/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google"). In this context, pseudonymized usage profiles are created and cookies (see under section 4) are used. The information generated by the cookie about your use of this website such as
- Browser type/version,
- operating system used,
- Referrer URL (the previously visited page),
- host name of the accessing computer (IP address),
- time of the server request,
are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website and internet use for the purposes of market research and demand-oriented design of these web pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on this link. An opt-out cookie will be set, which prevents the future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must
set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found, for example, in the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=de).

ii) Google Adwords Conversion Tracking
In order to statistically record the use of our website and to evaluate it for the purpose of optimizing our website for you, we also use Google Conversion Tracking. In this process, Google Adwords sets a cookie (see section 4) on your computer if you have accessed our website via a Google ad.

These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer's website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page.

Each Adwords customer receives a different cookie. Cookies can therefore not be tracked across Adwords customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in the tracking process, you can also refuse the setting of a cookie required for this - for example, via a browser setting that generally disables the automatic setting of cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the "www.googleadservices.com" domain. Google's privacy policy on conversion tracking can be found here (https://services.google.com/sitestats/de.html).

iii) Matomo
We use the open source software Matomo to analyze and statistically evaluate the use of the website. Cookies are used for this purpose (see section 4). The information generated by the cookie about website usage is transmitted to our servers and summarized in pseudonymous usage profiles. The information is used to evaluate the use of the website and to enable us to design our website in line with requirements. The information is not passed on to third parties.

Under no circumstances will the IP address be associated with other data relating to the user. The IP addresses are anonymized so that an assignment is not possible (IP masking).
Your visit to this website is currently recorded by Matomo web analytics. Click here (https://matamo.org/ docs/privacy/) to stop your visit from being collected.


 
6. Social media plug-ins
 
We use social plug-ins of the social networks Facebook, Twitter and Instagram on our website on the basis of Art. 6 (1) p. 1 lit. f DSGVO in order to make our law firm better known via these. The underlying promotional purpose is to be regarded as a legitimate interest within the meaning of the DSGVO. The responsibility for data protection-compliant operation is to be ensured by their respective providers. The integration of these plug-ins by us takes place by way of the so-called two-click method in order to protect visitors to our website as best as possible.

a.     Facebook
Social media plug-ins from Facebook are used on our website to make their use more personal. For this purpose, we use the "LIKE" or "SHARE" button. This is an offer from Facebook.

When you call up a page of our website that contains such a plugin, your browser establishes a direct connection with Facebook's servers. The content of the plugin is transmitted by Facebook directly to your browser, which then integrates it into the website.
By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.
If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook account. If you interact with the plugins, for example by clicking the "LIKE" or "SHARE" button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.

Facebook may use this information for the purposes of advertising, market research and demand-oriented design of the Facebook pages. For this purpose, Facebook creates usage as well as interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.

If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.
For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook's privacy policy (https://www.facebook.com/about/privacy/).

b.    Twitter
On our Internet pages, plugins of the short message network of Twitter Inc. (Twitter) are integrated. You can recognize the Twitter plugins (tweet button) by the Twitter logo on our site. You can find an overview of tweet buttons here (https://about.twitter.com/resources/buttons).
When you call up a page of our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter thereby receives the information that you have visited our site with your IP address. If you click the Twitter "tweet button" while logged into your Twitter account, you can link the content of our pages on your Twitter profile. This allows Twitter to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter.
If you do not want Twitter to be able to associate the visit to our pages, please log out of your Twitter user account.
For more information, please refer to the privacy policy of Twitter (https://twitter.com/privacy).

c.   Instagram
Our website also uses so-called social plugins ("plugins") from Instagram, which is operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA ("Instagram").
The plugins are marked with an Instagram logo, for example in the form of an "Instagram camera".
When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Instagram. The content of the plugin is transmitted by Instagram directly to your browser and integrated into the page. Through this integration, Instagram receives the information that your browser has called up the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged in to Instagram.
This information (including your IP address) is transmitted by your browser directly to an Instagram server in the USA and stored there. If you are logged in to Instagram, Instagram can directly assign your visit to our website to your Instagram account. If you interact with the plugins, for example by clicking the "Instagram" button, this information is also transmitted directly to an Instagram server and stored there. The information is also published on your Instagram account and displayed there to your contacts.
If you do not want Instagram to assign the data collected via our website directly to your Instagram account, you must log out of Instagram before visiting our website.
For more information, see the privacy policy (https://help.instagram.com/155833707900388) of Instagram.
 


7. YouTube
 
On our website, components of YouTube are also integrated.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, (1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA; hereinafter "Google").
YouTube is an Internet-based video portal where users can post all kinds of video clips as well as view, rate and comment on them.
Each time individual pages of this website are called up in which YouTube components are integrated, a YouTube video is downloaded and displayed by the Internet browser. In the process, YouTube and Google receive information about which subpage of our website with the integrated YouTube components you have visited.
If you are logged into YouTube, YouTube and Google can directly assign the visit to our website to your YouTube account. This is independent of whether you click on the YouTube video or not. If you want to prevent this, you should log out of your YouTube account.
You can obtain further information on YouTube at (https://www.youtube.com/yt/about/de/). Likewise, you can find out about YouTube's privacy policy, which can be found at (https://www.google.de/intl/de/policies/privacy/).
 
 
8. Data subject rights
 
You have the right to:
- According to Art. 15 DSGVO, to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
- pursuant to Art. 16 DSGVO, to request the correction of incorrect or incomplete personal data stored by us without undue delay;
- pursuant to Art. 17 DSGVO, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
- pursuant to Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO;
- pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller;
- in accordance with Art. 7 (3) DSGVO, 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
- complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose.
 


9. Right of objection
 
If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that 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 is implemented by us without specifying a particular situation.
If you would like to exercise your right of revocation or objection, an e-mail to mail@resch-rechtsanwaelte.de is sufficient.
 
 
Within the website visit, we use the widespread SSL procedure (Secure Socket Layer) in conjunction with the highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is encrypted by the closed key or lock symbol in the lower status bar of your browser.
of your browser.
We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
 


10. Topicality and change of this data protection explanation
 
This data protection declaration is currently valid and has the status May 2018.
Due to the further development of our website and offers on it or due to changed legal or regulatory requirements, it may become necessary to change this privacy policy. You can access and print out the current data protection declaration at any time on the website at www.resch-rechtsanwaelte.de/datenschutzerklaerung.
 

 
 

Notes on data processing

1. Name and contact details of the data controller and the company data protection officer.

This data protection notice applies to data processing by:

 

Controller:

Jochen Resch Attorney at Law,
Resch Attorneys at Law Ltd,
Ernst-Reuter-Platz 8,
D-10587 Berlin, Germany
Email: mail@resch-rechtsanwaelte.de
Phone: +49 (0)30 -885 977 0
Fax: +49 (0)30 - 885 977 30
The data protection officer of Resch Rechtsanwälte can be contacted at the above address, for the attention of Mr. Manfred Resch, or at datenschutz@resch-rechtsanwaelte.de.

 

2. Collection and storage of personal data as well as

Type and purpose and their use
When you mandate us, we collect the following information:
- Salutation, first name, last name,
- a valid e-mail address,
- address,
- telephone number (landline and/or mobile)
- Information necessary for the assertion and defense of your rights within the scope of the mandate.

The collection of this data is done,
- in order to be able to identify you as our client;
- to be able to provide you with appropriate legal advice and representation;
- to correspond with you;
- for invoicing purposes;
- for the settlement of any existing liability claims and the assertion of any claims against you;
The data processing is carried out upon your request and is necessary according to Art. 6 para. 1 p. 1 lit. b DSGVO for the aforementioned purposes for the appropriate processing of the mandate and for the mutual fulfillment of obligations arising from the mandate agreement.
The personal data collected by us for the mandate will be stored until the expiry of the statutory retention 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 the data for a longer period of time pursuant to Article 6 (1) sentence 1 lit. c DSGVO due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) or you have consented to storage beyond this pursuant to Article 6 (1) sentence 1 lit. a DSGVO.

 

3. Transfer of data to third parties

A transfer of your personal data to third parties for purposes other than those listed below does not take place.
Insofar as this is necessary in accordance with Art. 6 Para. 1 Sentence 1 lit. b DSGVO for the processing of mandate relationships with you, your personal data will be passed on to third parties. 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 the assertion and defense of your rights. The data disclosed may be used by the third party exclusively for the purposes stated.
The attorney-client privilege remains unaffected. Insofar as data subject to attorney-client privilege is involved, it will only be disclosed to third parties in consultation with you.

 

4. Data subject rights

You have the right
- In accordance with Art. 7 (3) DSGVO, to revoke your consent, once given, at any time vis-à-vis us. This has the consequence that we may no longer continue the data processing, which was based on this consent, for the future;
- to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you may request information about the processing purposes, 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 to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
- pursuant to Art. 16 DSGVO, to request the correction of incorrect or incomplete personal data stored by us without undue delay;
- pursuant to Art. 17 DSGVO, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
- pursuant to Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO;
- pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller; and
- complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose.

 

5 Right of objection

Insofar as your personal data are processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, insofar as there are grounds for doing so that arise from your particular situation. If you wish to exercise your right of objection, simply send an e-mail to mail@rech-rechtsanwaelte.de.