Privacy Policy

As of May 2018

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of Member States and other provisions of data protection law is:

v.Füner Ebbinghaus Finck Hano Patentanwälte
Mariahilfplatz 3
81541 Munich
Germany
+49 89 459 220
office@euromarkpat.com
www.euromarkpat.com

II. Name and address of the data protection officer

The controller’s data protection officer is:
DataCo GmbH
Dr Patrick Schweisthal
Dachauer Straße 65
80335 München
Germany
+49 89 740 045 840
datenschutz@dataguard.de
www.dataguard.de

III. General information on data processing

1. Scope of the processing of personal data

In principle, we process our users’ personal data only if this is necessary for the provision of a functioning website and for our content and services. Our users’ personal data are usually processed only with their consent. An exception exists in instances where it is not in fact possible to obtain prior consent and processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Where we obtain the consent of the data subject for the processing of their personal data, sentence 1(a) of Art. 6(1) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data which is required for the performance of a contract to which the data subject is party, sentence 1(b) of Art. 6(1) GDPR serves as the legal basis. This also applies to processing operations which are required for the performance of precontractual measures.

If personal data need to be processed in order to meet a legal obligation borne by our company, sentence 1(c) of Art. 6(1) GDPR serves as the legal basis.

In cases where vital interests of the data subject or of another natural person make processing personal data necessary, sentence 1(d) of Art. 6(1) GDPR serves as the legal basis.

If processing is required in order to protect a legitimate interest of our company or of a third party and the interests and fundamental rights and freedoms of the data subject do not override the former interest, then sentence 1(f) of Art. 6(1) GDPR serves as the legal basis for the processing.

3. Erasure of data and storage period

The personal data of the data subject are erased or blocked as soon as the purposes for which they are being stored cease to exist. Storage may continue beyond that time if such has been provided for by European or national legislators in EU regulations, laws or other provisions to which the controller is subject. Unless data still need to be stored for the conclusion of a contract or for the performance of a contract, data are also blocked or erased when a storage period prescribed under said norms comes to an end.

IV. Rights of the data subject

If your personal data are processed, you are the data subject within the meaning of the GDPR and you have the following rights in respect of the controller:

1. Right of access

You can demand that the controller provide confirmation of whether personal data concerning you are being processed by the latter.

If such processing is taking place, you can demand that the controller provide the following information:

  1. the purposes for which the personal data are being processed;
  2. the categories of personal data which are being processed;
  3. the receivers or the categories of receivers in respect of whom the personal data concerning you have been disclosed or are yet to be disclosed;
  4. the planned period of storage of the personal data concerning you or, if specific details thereof cannot be provided, criteria for the definition of the storage period;
  5. the existence of a right to rectification or erasure of the personal data concerning you, of a right to restriction of processing by the controller or of a right of objection to this processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. all available information on the origin of the data if the personal data have not been obtained from the data subject;
  8. the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and, at least in those cases, meaningful information on the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to demand details of whether the personal data concerning you are being transmitted to a third country or to an international organization. In this context, you can demand information on the suitable guarantees pursuant to Art. 46 GDPR in connection with the transmission.

This right of access may be restricted in so far as it is likely to render impossible or seriously impair the achievement of the research or statistical objectives and if restriction is required in order to achieve the research or statistical objectives.

2. Right to rectification

You have a right to rectification and/or completion in respect of the controller if the processed personal data concerning you are incorrect or incomplete. The controller has to carry out the rectification immediately.

Your right to rectification may be restricted in so far as it is likely to render impossible or seriously impair the achievement of the research or statistical objectives and if restriction is required in order to achieve the research or statistical objectives.

3. Right to restriction of processing

Under the following conditions, you can demand the restriction of processing of the personal data concerning you:
• if you are disputing the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
• if the processing is unlawful and you object to the erasure of the personal data and instead demand that use of the personal data be restricted;
• if the controller no longer needs the personal data for the purposes of processing but you need them in order to establish, exercise or defend legal claims, or
• if you have objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been established whether the controller’s legitimate reasons override your reasons.

If processing of the personal data concerning you has been restricted, these data (apart from the storage thereof) may only be processed with your consent or for the establishment, exercise or defence of legal claims or to protect the rights of another natural person or legal entity or for reasons of important public interest of the European Union or a Member State.

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

Your right to restriction of processing may be restricted in so far as it is likely to render impossible or seriously impair the achievement of the research or statistical objectives and if restriction is required in order to achieve the research or statistical objectives.

4. Right to erasure

a) Duty of erasure

You can demand that the controller immediately erase the personal data concerning you and the controller is obliged to erase these data immediately if one of the following reasons is applicable:

  1. The personal data concerning you are no longer needed for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which processing was based pursuant to sentence 1(a) of Art. 6(1) or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
  3. You object to the processing pursuant to Art. 21(1) GDPR and there are no prevailing legitimate reasons for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
  4. The personal data concerning you have been unlawfully processed.
  5. The personal data concerning you have to be erased in order to comply with a legal obligation in European Union or Member State law to which the controller is subject.
  6. The personal data concerning you have been obtained in relation to the offer of information society services pursuant to Art. 8(1) GDPR.

b) Information to third parties

If the controller has disclosed the personal data concerning you and is obliged to erase them pursuant to Art. 17(1) GDPR, that controller takes reasonable steps, bearing in mind the technology available and the implementation costs, including steps of a technical nature, to inform the controller responsible for the data processing who is processing the personal data that you, as the data subject, have demanded that the controller erase all links to these personal data or copies or duplications of these personal data.

c) Exceptions

There is no right to erasure if processing is required:

  1. for exercise of the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing pursuant to European Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR in so far as the right specified under a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
  5. for the establishment, exercise or defence of legal claims.

5. Right to notification

If you have established the right to rectification, erasure or restriction of processing in respect of the controller and unless this proves impossible or is associated with disproportional expense, the latter is obliged to communicate this rectification or erasure of the data or restriction of processing to all receivers to whom the personal data concerning you have been disclosed.

You have the right in respect of the controller to be notified of these receivers.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have made available to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit these data to another controller without hindrance from the controller to whom the personal data have been made available where:

  1. the processing is based on consent pursuant to sentence 1(a) of Art. 6(1) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to sentence 1(b) of Art. 6(1) GDPR and
  2. the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another controller, where technically feasible. This should not adversely affect freedoms and rights of others.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of the personal data concerning you which is based on sentence 1(e) or (f) of Art. 6(1) GDPR; this also includes profiling based on those provisions.

The controller no longer processes the personal data concerning you unless they can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves to establish, exercise or defend legal claims.

Where the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for such marketing purposes; this also includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data concerning you are processed for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, you also have the right to object to this on grounds relating to your particular situation.
Your right to object may be restricted in so far as it is likely to render impossible or seriously impair the achievement of the research or statistical objectives and if restriction is required in order to achieve the research or statistical objectives.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. Revoking consent does not affect the legitimacy of the processing carried out on the basis of consent up until revocation.

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or significantly affects you in a similar way. This does not apply if the decision:

  1. is necessary for entry into or performance of a contract between you and the controller,
  2. is authorized by European Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and your legitimate interests or
  3. is based on your explicit consent.

However, these decisions should not be based on special categories of personal data referred to in Article 9(1) GDPR unless Art. 9(2)(a) or (g) GDPR applies and suitable measures to safeguard rights and freedoms and your legitimate interests are in place.

In respect of the cases specified under (1) and (3), the controller takes suitable measures to safeguard rights and freedoms and your legitimate interests, these including at least the right to have a person act on your behalf in dealings with the controller, to explain your own point of view and to contest the decision.

10. Right to appeal to a supervisory authority

Notwithstanding any other administrative or judicial right of appeal, you have the right to appeal to a supervisory authority, in particular in the Member State where you are domiciled, of your place of work or of the location of the alleged offence, if you believe that the processing of the personal data concerning you breaches the GDPR.

The supervisory authority to which the appeal has been submitted informs the appellant of the status and the results of the appeal, including the possibility of any judicial remedy pursuant to Art. 78 GDPR.


V. Provision of the website and creation of log files

1. Description and scope of the data processing

Whenever our website is accessed, our system gathers automated data and information from the system of the accessing computer.

The following data are collected here:

• Information on the browser type and the version used
• The user’s operating system
• The user’s Internet Service Provider
• The user’s IP address
• The date and time of access
• Websites from which the user’s system reaches our website
• Websites which are accessed by the user’s system via our website

The data are also stored in our system’s log files. These data are not stored together with the user’s other personal data.

2. Legal basis for the data processing

The legal basis for the temporary storage of data and log files is sentence 1(f) of Art. 6(1) GDPR.

3. Purpose of the data processing

The IP address needs to be temporarily stored by the system in order to enable deliveries to be made by the website to the user’s computer. For this purpose, the user’s IP address has to be stored for the duration of the session.

Log files are stored in order to ensure the functionality of the website. The data also help us to improve the website and to ensure the security of our information systems. The data are not used for marketing purposes in this context.

We also have a legitimate interest in data processing for these purposes pursuant to sentence 1(f) of Art. 6(1) GDPR.

4. Storage period

The data are erased as soon as they are no longer needed to achieve the objective for which they were collected. Where data are collected for provision of the website, this is the case when the respective session comes to an end.

Where data are stored in log files, this is the case after seven days at the latest. Data may possibly be stored thereafter. In this case, users’ IP addresses are erased or made unrecognizable so that they can no longer be attributed to the accessing client.

5. Right of objection and removal

The collection of data for provision of the website and the storage of data in log files is essential to the operation of the website. The user consequently has no right of objection.

VI. Use of cookies

1. Description and scope of the data processing

Our website uses cookies. Cookies are text files which are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user accesses a website, a cookie may be stored on that user’s operating system. This cookie contains a characteristic sequence of characters which enables the browser to be clearly identified if the website is ever accessed again.

We use cookies to make our website more user-friendly. A number of elements of our website also require the accessing browser to be identifiable after a change of website.
The following data are stored in the cookies and transmitted here:

• Language settings
• Log-in information

On our website, we also use cookies enabling users’ surfing habits to be analysed.
The following data can thereby be transmitted:

• Search terms entered
• Frequency of visits to the site
• Use of website functions

Technical arrangements are used to pseudonymize users’ data which have been collected in this way. As a result, it is no longer possible to attribute the data to the accessing user. The data are not stored together with the user’s other personal data.

When accessing our website, users are informed of the use of cookies for analysis purposes and referred to this Privacy Statement by means of an info banner. Information is also provided here on how the storage of cookies can be prevented in your browser settings.

When accessing our website, the user is informed of the use of cookies for analysis purposes and the consent thereof to the processing of personal data used in connection herewith is obtained. In this context, reference is also made to this Privacy Statement.

2. Legal basis for the data processing

The legal basis for the processing of personal data using cookies is sentence 1(f) of Art. 6(1) GDPR.

3. Purpose of the data processing

Cookies, which are needed for technical purposes, are used in order to simplify the use of websites for users. A number of functions of our website cannot be offered without the use of cookies. These require the browser to be able to be recognized even after a change of website.
We need cookies for the following applications:

• Adopting language settings
• Noting search terms

The user data collected through cookies which are needed for technical purposes are not used to generate user profiles.
Analysis cookies are used to improve the quality of our website and its content. Analysis cookies tell us how the website is being used so that we can continually improve the product offered.
We also have a legitimate interest in processing personal data for these purposes pursuant to sentence 1(f) of Art. 6(1) GDPR.

4. Storage period, right of objection and removal

Cookies are stored on the user’s computer and transmitted to our site by the latter. As a result, as the user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be erased at any time. This may also be carried out automatically. If cookies for our website are deactivated, it may no longer be possible to make full use of all of the functions of the website.

VII. Newsletter

1. Description and scope of the data processing

You can subscribe for a free newsletter on our website. When an application for the newsletter is submitted, the data are transmitted to us from the input mask.

• Email address
• Company name
• IP address of the accessing computer
• Date and time of the registration

Your consent to the processing of the data is obtained during the application process and reference is made to this Privacy Statement.

No data are passed on to third parties in connection with the data processing for the sending of newsletters. The data are used exclusively for the sending of the newsletter.

2. Legal basis for the data processing

Where the user has given their consent, the legal basis for the processing of data following an application for the newsletter by the user is sentence 1(a) of Art. 6(1) GDPR.

3. Purpose of the data processing

The user’s email address is collected so that the newsletter can be sent to them.

Other personal data are collected during the application process in order to prevent any misuse of the services or the email address used.

4. Storage period

The data are erased as soon as they are no longer needed to achieve the objective for which they were collected. The user’s email address is accordingly stored for as long as the subscription for the newsletter is active.

The other personal data collected during the application process are usually erased after a period of seven days.

5. Right of objection and removal

The subscription for the newsletter can be cancelled by the user concerned at any time. There is a corresponding link in each newsletter enabling the user to do this.

This also enables any consent to storage of the personal data collected during the application process to be revoked.

VIII. Contact form and email contact

1. Description and scope of the data processing

There is a contact form on our website which can be used to contact us electronically. If a user uses this option, the data input in the input mask are transmitted to us and stored.

The following data are also stored when the message is sent:

• Email address
• Surname
• First name
• Telephone/Mobile number
• IP address of the accessing computer
• Date and time of the registration

Your consent to the processing of the data is obtained during the sending process and reference is made to this Privacy Statement.

Alternatively, contact can be made using the email address provided. In this case, the user’s personal data transmitted with the email are stored.

Data are not passed on to third parties in connection herewith. The data are used exclusively for the processing of the conversation.

2. Legal basis for the data processing

Where the user has given their consent, the legal basis for the processing of data is sentence 1(a) of Art. 6(1) GDPR.

The legal basis for the processing of data which are transmitted when an email is sent is sentence 1(f) of Art. 6(1) GDPR. If the email is intended to conclude a contract, the additional legal basis for the processing is sentence 1(b) of Art. 6(1) GDPR.

3. Purpose of the data processing

The processing of the personal data from the input mask only helps us to process the making of contact. If contact is made by email, there is also the requisite legitimate interest in processing the data.

The other personal data processed during the sending process are used to prevent any misuse of the contact form and to ensure the security of our information systems.

4. Storage period

The data are erased as soon as they are no longer needed to achieve the objective for which they were collected. This is the case, in respect of the personal data from the input mask of the contact form and those data that were sent by email, when the respective conversation with the user has come to an end. The conversation has come to an end when it can be understood from the circumstances that the issue concerned has been fully resolved.

The additional personal data collected during the sending process are erased after a period of no more than seven days.

5. Right of objection and removal

The user is able to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such cases, the conversation cannot be continued.

All personal data which were stored when contact was made are erased in this case.

XI. Plug-ins used

Use of Google+ plug-in

1. Scope of the processing of personal data

We use the Google+ plug-in from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. When you visit our website, your browser makes a direct connection to Google’s servers. Information on your website visit is passed on to Google. We have no influence over the content of the plug-in. If you are logged into a Google+ or Google user account during your visit, Google can assign your website visit to this account. Through interaction with this plug-in, this corresponding information is transmitted directly to Google and stored there. If you do not wish these data to be transmitted, you have to log out of your Google+ or Google account before visiting our website.
We have no influence over the scope and content of the data which Google collects with the button.

2. Legal basis for the processing of personal data

The legal basis for the processing is sentence 1(a) of Art. 6(1) GDPR.

3. Purpose of the data processing

Data are used to improve and personalize the service offered by Google for you.

4. Storage period

Advertising data in server protocols are anonymized, with Google erasing parts of the IP address and cookie information after 9 and 18 months respectively.

5. Right of objection and removal

More information on the purpose and scope of data collection by Google+ is provided at https://www.google.com/intl/en/policies/privacy/.

Use of Google AdWords

1. Scope of the processing of personal data

We use Google AdWords from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States on our website. This is an online advertising program which uses conversion tracking. If you reach our website via a Google advertisement, Google AdWords sets a cookie on your computer. A different cookie is assigned to each Google AdWords customer.

2. Legal basis for the processing of personal data

The legal basis for the processing is sentence 1(f) of Art. 6(1) GDPR.

3. Purpose of the data processing

We are only told the total number of users that have responded to our advertisement. No information is disclosed which enables us to identify you. Data are not used to track you.

4. Storage period

The cookie becomes invalid after 30 days.

5. Right of objection and removal

You can prevent Google conversion tracking by deactivating the tracking process in your browser. More information is provided at https://www.google.com/intl/en/policies/privacy/.

 

Use of Google Maps plug-in

1. Scope of the processing of personal data

We use the online mapping service Google Maps from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States on our website. As a result of the use of Google Maps on our website, information on the use of our website, your IP address and addresses entered when the route planning function is used are transmitted to a Google server in the US and stored there. By using our website, you declare that you agree to the processing of your data collected through Google Maps.

2. Legal basis for the processing of personal data

The legal basis for the processing is sentence 1(f) of Art. 6(1) GDPR.

3. Purpose of the data processing

We do not know why the data are collected or what the data are used for by Google.

4. Storage period

We have no information on the storage period.

5. Right of objection and removal

More information is provided at https://www.google.com/intl/en/policies/privacy/.

Use of Google (Invisible) reCaptcha

1. Scope of the processing of personal data

We use the reCaptcha service from Google LLC Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

The information requested includes the IP address of the terminal used; the website which you are visiting and on which Captcha is integrated; the date and length of the visit; the identification data of the type of browser and the type of operating system used; the Google account if you are logged in; mouse movements on the reCaptcha surfaces and tasks in which you have to identify images. For this purpose, the data are transmitted to Google and are put to further use by Google there in the form of a check which makes it possible to determine, using said data, whether you are a person or a computer.

By using reCaptcha, you declare that you agree to the identification made by you being included in the digitalization of old works. If the IP anonymization is activated on this website, however, Google will first abbreviate your IP address within Member States of the European Union or within other contracting states of the Treaty on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the US and abbreviated there. Google will use this information on behalf of the operator of this website to evaluate your use of this service. The IP address transmitted from your browser within the scope of reCaptcha will not be combined with other data held by Google. The differing data protection provisions of the Google company apply to these data.

2. Legal basis for the processing of personal data

The legal basis for the processing of the user’s personal data is sentence 1(f) of Art. 6(1) GDPR.

3. Purpose of the data processing

The information requested is used to distinguish whether the input is being made by a person or abusively by means of automated, machine processing.

4. Storage period

We have no information on the storage period.

5. Right of objection and removal

More information is provided at: https://www.google.com/intl/en/policies/privacy/.

Use of Matomo (previously Piwik)

1. Scope of the processing of personal data

We use the open-source software tool Matomo (formerly PIWIK) on our website to analyse the surfing habits of our users. The software sets a cookie on the user’s computer (for cookies, see above). If individual pages of our website are accessed, the following data are stored:
(1) Two bytes of the IP address of the user’s accessing system
(2) The website accessed
(3) The website from which the user reaches the accessed website (referrer)
(4) The sub-sites which are accessed from the accessed website
(5) The length of time spent on the website
(6) The frequency of visits to the website

The software runs exclusively on our website’s servers here. The user’s personal data are only stored there. The data are not passed on to third parties.

Without the user’s consent, "Automatically Anonymize Visitor IPs" should be activated:

The software is designed so that the IP addresses are not saved in full, 2 bytes of the IP address instead being masked (e.g.: 192.168.xxx.xxx). In this way, it is no longer possible for the abbreviated IP address to be attributed to the accessing computer.

2. Legal basis for the processing of personal data

The legal basis for the processing of the user’s personal data is sentence 1(f) of Art. 6(1) GDPR.

3. Purpose of the data processing

The processing of the user’s personal data enables us to analyse the surfing habits of our users. By assessing the data obtained, we are able to compile information on the use of the individual components of our website. This helps us to continually improve our website and make it more user-friendly. We also have a legitimate interest in data processing for these purposes pursuant to sentence 1(f) of Art. 6(1) GDPR. Anonymizing the IP address means that sufficient account is taken of the users’ interest in having their personal data protected.

4. Storage period

The data are erased as soon as they are no longer needed for our recording purposes.
In our case, this is after one year.

5. Right of objection and removal

Cookies are stored on the user’s computer and transmitted to our site by the latter. As a result, as the user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be erased at any time. This may also be carried out automatically. If cookies for our website are deactivated, it may no longer be possible to make full use of all of the functions of the website.

If the opt-out option is offered:

On our website, we offer our users the option of opting out of the analysis process. To do this, you have to follow the corresponding link. In this way, a further cookie is set on your system which signals to our system that the user’s data is not to be stored. If the user meanwhile erases the corresponding cookie from their own system, they then have to set the opt-out cookie again.

More information on the privacy settings of the Matomo software are provided under the following link: https://matomo.org/docs/privacy/.

This Privacy Statement has been drawn up with the assistance of DataGuard.

© 2007 - 2018 EUROMARKPAT - v. Füner Ebbinghaus Finck Hano