I. Name and Address of the data controller

The data controller within the meaning of the EU General Data Protection Regulation (EU-GDPR) and other national data protection laws of the Member States and other data protection regulations is:

Diehl & Partner GbR
Erika-Mann-Straße 9
80636 München
Deutschland
Tel.: +49 (0)89 17 86 36 - 0
Email: office(at)diehl-patent.de
Website: www.diehl-patent.de


II. Name and address of the data protection supervisor

The data protection supervisor of the data controller is:
Florian Petsch
Diehl & Partner GbR
Erika-Mann-Straße 9
80636 München
Deutschland
Tel.: +49 (0)89 17 86 36 - 0
Email: office(at)diehl-patent.de
Website: www.diehl-patent.de

 


III. General information on data protection

1. Scope of personal data processing

We process personal data of our users, on principle, only to provide a functional website and to optimally display our contents and services. We process personal data of our users only with the consent of the user. There is an exception if a consent in advance cannot be obtained for factual reasons and if law permits the processing of the data.

2. Legal basis of the processing of personal data

As far as we obtain a consent of the data subject for the processing of personal data, this is carried out on the legal basis of point (a) of Article. 6 (1) EU-GDPR.

The processing of personal data which is necessary for the performance of a contract to which the data subject is a contracting party is carried out on the legal basis of point (b) of Article. 6 (1) EU-GDPR. This applies also to processing steps that are required to take steps prior to the entering into a contract.

As far as the processing of personal data is required to comply with a legal obligation to which we are subject, this is carried out on the legal basis of point (c) of Article. 6 (1) EU-GDPR.

If vital interests require the processing of personal data of the data subject or another natural person, this is carried out on the legal basis of point (d) of Article 6 (1) EU-GDPR.

If the processing is required for the purpose of a legitimate interest pursued by our business or by a third party and if the interests, fundamental rights and freedoms of the data subject are not overridden by such an interest, this is carried out on the legal basis of point (f) of Article 6 (1) EU-GDPR.

3. Data erasure and storage periods

The personal data of the data subject are erased or locked as soon as the purpose of storage ceases. Data may be stored if this is provided for by EU or national law, EU regulations, laws or other provisions to which the data controller is subject. The data are erased or locked also if a storage period prescribed by the above-mentioned standards expires, unless there is a requirement for further storage of the data for the conclusion or performance of a contract.


IV. Provision of website and creation of log files

1. Description and scope of data processing

With every visit of our website, our system automatically acquires data and information of the computer system of the computer calling our website. The following data are acquired:

  1. Information on the browser type and the version used
  2. Operating system of the user
  3. Internet service provide of the user
  4. IP-address of the user
  5. Date and time of access
  6. Websites from which the system of the user accesses our website
  7. Websites which are accessed by the system of the user via our website

The data are likewise stored in the log files of our system. These data are not stored together with other personal data of the user.

2. Legal basis of the data processing

The temporary storage of the data and log files is carried out on the legal basis of point (f) of Article 6 (1) EU-GDPR.

3. Purpose of data processing

The temporary storage of the IP address by our system is necessary to supply the website to the computer of the user. For this purpose, the IP address of the user must remain stored for the duration of the session.

The storage in log files is effected to ensure the functionality of our website. Moreover, we require these data to optimize our website and to ensure the security of our IT systems. These data are not evaluated for marketing purposes.

To ensure the functionality of our website and to optimize the display of our website as well as to ensure the security of our IT systems is our legitimate interest in the data processing in terms of point (f) of Article 6 (1) EU-GDPR

4. Duration of storage

The data are deleted as soon as they are not needed any longer for the purpose for which they have been acquired. If the data have been acquired to provide our website, the data are deleted after the respective session has been terminated.

If the data have been stored in log files, the data are deleted after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated such that an allocation to the accessing client is no longer possible.

5. Contesting and removal options

 


V. V. Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in or by the internet browser on the computer system of the user. If the user accesses a website, a cookie can be stored in the operation system of the user. This cookie contains characteristic character strings, which enables a clear identification of the browser when the website is accessed again.

We use cookies to ensure that our website is user-friendly for our clients. Some elements of our website require that the accessing browser can also be identified after a website change.

The following data are stored and transmitted in the cookies:

  1. Language settings
  2. Login information

Moreover, we use cookies on our website which enable an analysis of the surfing pattern of the user.

The following data can be transmitted in this way:

  1. Search terms entered
  2. Number of site calls
  3. Utilization of website functions

The user’s data acquired in this way are pseudonymized by technical precautions. Therefore, an allocation of the data to the visiting user is no longer possible. The data are not stored together with other personal data of the user.

When visiting our website, the users are informed by an info banner about the use of cookies for analysis purposes and reference is taken to the data protection declaration. In this connection, it is also explained how the storage of cookies can be inhibited in the browser settings.

b) Legal basis of the data processing

The processing of personal data using cookies is carried out on the legal basis of point (f) of Article 6 (1) EU-GDPR.

c) Purpose of the data processing

The purpose of the use of technically necessary cookies is to simplify the use of our website for the user. Some functions of our website cannot be offered without the use of cookies. This requires that the browser is recognized also after a site change.
We require cookies for the following purposes:

  1. Takeover of language settings
  2. Memorizing search terms

The user data acquired by technically necessary cookies are not used to compile user profiles.

The analysis cookies are used to improve the quality of our website and its contents. The analysis cookies show us how the website is used and thus help us to optimize our services.

In these purposes resides our legitimate interest in the processing of personal data in terms of point (f) of Article 6 (1) EU-GDPR.

d) Storage duration, contesting and removal options

Cookies are stored on the computer of the user and transmitted therefrom to our website. Therefore, you, as user, have the complete control of the use of cookies. By changing the settings in your internet browser you may deactivate or limit the transmission of cookies. Cookies which have already been stored may be deleted at any time. This may also be fully automated. If cookies for our website are deactivated, it is possible that not all functions of our website can be fully used.

The transmission of flash cookies cannot be deactivated via the browser setting, but by a change of the settings of the flash player.


VI. Email contact

1. Description and scope of data protection

Our website offers to establish contact with us electronically via email and includes a reference to an email address. If contact is established with us electronically via email, the personal data of the user transmitted with the email are stored.

These data are not passed on to a third party. The data are exclusively used for the processing of the conversation.

2. Legal basis of the data processing

The processing of data in connection with the transmission of an email is carried out on the legal basis of point (f) of Article 6 (1) EU-GDPR. If the email contact is directed to the conclusion of a contract, the processing is carried out, in addition, on the legal basis of point (b) of Article 6 (1) EU-GDPR.

3. Purpose of the data processing

Personal data derived from an email are exclusively processed to contact the user. This is also the basis for the required legitimate interest in the data processing.

4. Duration of storage

The data are deleted as soon as they are no longer required for the purpose of their acquisition. Personal data that were transmitted via email are deleted as soon as the respective conversation with the user is terminated. The conversation is terminated if it can be derived from the circumstances that the respective facts of the case have been conclusively clarified.

5. Contesting and removal options

The user has the right to withdraw his consent to the processing of personal data at any time. If the user contacts us via email, he/she may object at any time to the storage of personal data. In such a case, the conversation cannot be continued.

In this case, all personal data that have been stored upon establishing the contact are erased.

 

 

 

VII. Right of the data subject

If personal data of yours are processed, you are data subject in terms of the EU-GDPR and you enjoy the following rights vis-à-vis the data controller:

1. Right of access by the data subject

You may obtain from the data controller confirmation as to whether or not personal data concerning you are being processed by us, and, where that is the case, you may obtain from the data controller access to the following information:

  1. the purposes of the processing of the personal data;
  2. the categories of the personal data that are processed;
  3. the recipients or categories of recipients to whom the personal data have been or will be disclosed;
  4. the envisaged period for which the personal data concerning you will be stored, or, if no concrete information in this respect is possible, the criteria used to determine that period;
  5. the existence of a right to request from the data controller rectification or erasure of the personal data concerning you or restriction of processing of personal data concerning the data subject or to object to such processing;
  6. the existence of a right to lodge a complaint with a supervisory authority;
  7. where the personal data are not collected from the data subject, any available information as to their source;
  8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) EU-GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You are entitled to obtain information whether the personal data concerning you are disclosed in third countries or international organizations. In this connection, you may require to be informed about appropriate guarantees according to Article 46 EU-GDPR in connection with the disclosure.

2. Right of rectification

You have the right to obtain from the data controller the rectification and/or completion of personal data if the personal data concerning you are incorrect or incomplete. The data controller must perform the rectification without undue delay.

3. Right to restriction of processing

You have the right to obtain from the data controller restriction of processing of personal data concerning you where one of the following applies:

  1. the accuracy of the personal data is contested by you for a period enabling the data controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you oppose to the erasure of the personal data and request the restriction of their use instead;
  3. the data controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; or
  4. wenn Sie Widerspruch gegen die Verarbeitung gemäß Art. 21 Abs. 1 DSGVO eingelegt haben und noch nicht feststeht, ob die berechtigten Gründe des Verantwortlichen gegenüber Ihren Gründen überwiegen.

Where processing of the personal data concerning you has been restricted, such personal data shall, with the exception of their storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reason of important public interest of the Union or of a Member State.

If a processing has been restricted under the above-mentioned condition, you will be informed by the controller before the restriction of processing is lifted.

4. Right to erasure

a) Obligation to erasure
You have the right to obtain from the data controller the erasure of personal data concerning you without undue delay, and the data controller has the obligation to erase these personal data without undue delay if one of the following grounds applies:

  1. The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  2. You withdraw your consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) EU-GDPR, and where there is no other legal ground for the processing.
  3. You object to the processing pursuant to Article 21(1) EU-GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) EU-GDPR.
  4. The personal data concerning you have been unlawfully processed.
  5. The personal data concerning you have been erased for compliance with a legal obligation in Union or Member State law to which the data controller is subject.
  6. The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) EU-GDPR.

b) Information disclosed to third parties
Where the data controller has made your personal data public and is obliged pursuant to Article 17(1) EU-GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform data controllers which are processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions
The right to erasure shall not apply to the extent that processing is necessary

  1. for exercising the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by Union or Member State law to which the data 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 data controller;
  3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) EU-GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) EU-GDPR in so far as the right referred to in item a) above is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  5. for the establishment, exercise or defense of legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of the processing vis-à-vis the data controller, the latter is obliged to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

You are entitled to be informed by the data controller about those recipients.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the data controller, in a structure, commonly used and machine readable format. Furthermore, you have the right to transmit those data to another data controller without hindrance from the data controller to which the personal data have been originally supplied, provided that

  1. the processing is based on consent pursuant to point (a) of Article 6(1) EU-GDPR or point (a) of Article 9(2) of EU-GDPR or on a contract pursuant to point (b) of Article 6(1) EU-GDPR; and
  2. the processing is carried out by automated means.

In exercising your right to data portability, you have the right to have the personal data concerning you transmitted directly from one data controller to another data controller, where technically feasible. The rights and freedoms of others shall not be affected by that right.

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

7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is effected in accordance with point (e) or (f) of Article 6(1) EU-GDPR, including profiling based on these provisions.

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

Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which 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 shall 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.

8. Right of withdrawal of your consent under data protection law

You have the right to withdraw your consent under data protection law. The withdrawal of your consent does not affect the lawfulness of the processing effected on the basis of the consent until the time of withdrawal.

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 similarly significantly affects you. This does not apply if the decision

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

However, these decisions shall not be based on special categories of personal data referred to in Article 9(1) EU-GDPR, unless point (a) or (g) of Article 9(2) EU-GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests have been taken.

In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights, freedoms, and legitimate interests, at least the right to obtain human intervention on the part of the data controller, to express your point of view and to contest the decision.

10. Right to lodge a complaint with supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the EU-GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 EU-GDPR.