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Disclaimer and Data privacy statement

Liability for content

The content of our website is created with utmost care. However, we do not guarantee the correctness or completeness of the content, nor do we ensure that such material is up to date. As a service provider, we are responsible for our own content on this website according to § 7 para. 1 of the German Broadcast Media Act (TMG) in accordance with general legislation. According to §§ 8 to 10 of the TMG we are obliged as a service provider to monitor external information transmitted or saved, and to investigate any circumstances which indicate illegal activity. Obligations to remove or block the use of information according to general legislation remain unaffected by this. However, liability in relation to this is only possible from the time at which an actual legal violation is recognised. As soon as the relevant legal violations are made known, the content will be immediately removed.

Liability for links

Our service contains links to external websites of third parties; we have no influence on the content of these sites. Therefore, we assume no responsibility for the content of these external sites. The respective service provider or operator is always responsible for the content of linked sites. The linked sites are checked for possible legal violations when links are added. No illegal content was identified when the sites were linked. However, it is not reasonable to permanently check the content of linked sites without an actual indication of a legal violation. As soon as the relevant legal violations are made known, the links will be removed immediately.

Copyright

Content and work on this site created by the site operator is subject to German copyright law. The reproduction, editing, dissemination and any type of exploitation outside the limitations of the copyright require the written approval of the respective author or developer. Downloading or copying this site is only permitted for private use and not for commercial purposes. Insofar as content on this site was not created by the operator, the copyrights of third parties are observed. Content from third parties is particularly identified as such. Despite this, should your attention be drawn to a copyright violation, we ask you to inform us accordingly. As soon as the legal violations are made known, the content will be immediately removed.

Data protection

Our website can generally be used without entering personal information. Insofar as personal data is ascertained on our site (for example name, address or email), this is always on a voluntary basis where possible. This data is not passed on to third parties without your express permission.

Please be aware that data transferred on the internet (for example via email) may contain security flaws. It is not possible to completely protect data from access by third parties.

The use of contact data published within the bounds of the disclaimer obligation by a third party to send advertising and information that is not expressly requested is hereby expressly forbidden. The site operator expressly reserves the right to take legal action in the event that advertising information is sent via unrequested spam mails.

Data privacy statement

Name and contact details of the Data Controller

The responsible organisation (Data Controller) within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

H/W/S GmbH & Co. KG
Wirtschaftsprüfungsgesellschaft
Steuerberatungsgesellschaft
Gewerbestraße 17
70565 Stuttgart

Telefon: +49 (0) 711 7 88 92-0
Telefax: +49 (0) 711 7 88 92-159

Contact details of the data protection officer:

The law firm’s data protection officer can be reached at the law firm’s address above and per email at datenschutzbeauftragter@hws.de .

Scope and purpose of personal data processing

Accessing the website

The Browser used on the computer of a visitor will automatically send data to the server of this website when this website is accessed. This data is stored in a log file for a limited period. The following data is stored until automatic erasure without any additional data entry on the visitor’s part:

  • IP address of the visitor’s device,
  • date and time of access by the visitor,
  • name and URL of the page retrieved by the visitor
  •  referring website (so-called Referrer URL),
  • Browser and operating system of the visitor’s device
  • as well as the name of the access provider used by the visitor.

Processing of these personal data is justified according to Art. 6 Para 1 Sentence 1 point f) GDPR. The law firm has a legitimate interest in the processing of data for the purpose

  • to establish a connection to the law firm’s website,
  • to enable a user-friendly use of the website,
  • to identify and ensure security and stability of the systems and
  • to facilitate and improve website administration.

Processing is expressly not performed for the purpose to gain knowledge on the person of the visitor of the website.

Contact form or contact per email

When you contact us with any questions of any kind per email or our contact form, you are providing us your voluntary consent for the purpose of establishing a contact. For this purpose, the provision of a valid email address is required. This email address is used to assign the inquiry to a person and to subsequently respond to the inquiry. The provision of additional data is optional. The information you provided is stored for the purpose of handling your inquiry and for possible additional questions you may have.

Upon sending a message, the visitor consents to the processing of the transmitted personal data. The processing of data is exclusively performed for the purpose of dealing with inquiries that we receive via the contact form and to respond to these inquiries. These activities are performed on the basis of the voluntary consent provided according to Art. 6 Para 1 Sentence 1 point a) GDPR. The collected personal data for the use of the contact form is automatically erased as soon as the inquiry is completed and there are no other reasons to keep the personal data (e.g. subsequent engagement of our law firm).

We expressly note that data transmission on the Internet (e.g. communication via email) may not be secure. Complete end-to-end protection of data against access by third parties is not possible. For this reason, please do not send to us under any circumstances confidential information per email that is not encrypted.

Newsletter

Upon subscription for the receipt of the Newsletter, the visitor expressly consents to the processing of the transmitted personal data. To subscribe for the receipt of the Newsletter it is only necessary to provide an email address and a name of the visitor. The visitor may choose any name he / she wishes to choose. The legal basis for the processing of the visitor’s personal data for the purpose of distributing Newsletters to the visitor is the consent provided according to Art. 6 Para 1 Sentence 1 point a) GDPR.

Prior to the distribution of the Newsletter to you, you must expressly confirm within the scope of the so-called Double Opt-In procedure that we are to activate the Newsletter service for you. After the subscription for the Newsletter you will receive a confirmation / authorisation email with which we ask you to click on the confirmation link contained in this email. Based on your confirmation we know that you really want to subscribe to the Newsletter and that your email address was not misused by anyone else.

You may terminate receipt of the Newsletter at any time. For this purpose, please click on the unsubscribe link, which you can find in each of our distributed Newsletters at the bottom.

Your email address is exclusively used by us and not disclosed to third parties. Our service provider, WIADOK GmbH & Co. KG Portastraße 2, 32423 Minden, performs storage, transmission and distribution of the data.

Tracking of user behaviour in the case of the Newsletter

We expressly note that we analyse your user behaviour when we distribute our Newsletter to you. We use, in part, an external service provider for the distribution of the Newsletter and the processing of data as listed below. We thoroughly selected and engaged this service provider. The service provider is bound to our instructions and is routinely monitored.

For analysis purposes of the user behaviour, the distributed emails contain so-called Web-Beacons or Tracking-Pixels, i.e. one-pixel GIFs that are stored on the Internet website of our external service provider.  We couple the Web-Beacons with your email address and an individual ID for the analyses. Links and/or QR-Codes in the Newsletter also contain this ID. Based on the data collected in this manner, we create a user profile to adapt the Newsletter to your individual interests. Within the scope of this procedure we record when you read our Newsletter, which links you click on in the Newsletters and draw conclusions as to your personal interests. We couple this data with your activities on our website.

You may object to this tracking at any time by clicking on the separate link which is provided with each email or by informing us via any other means of contact. The information is stored as long as you subscribe to the Newsletter. After you unsubscribe to the Newsletter, we will store this data solely for statistical purposes in an anonymous manner.  In addition, this tracking is not possible, if you generally deactivated the display of images in your email programme.  In this case, the Newsletter is not completely displayed and you may possible not be able to use all functions. If you have images displayed manually, the aforementioned tracking is activated and executed.

Visitor tracking

This website uses Piwik/Matomo, an Open-Source-Software for visitor tracking. For this purpose, so-called “Cookies” (text files) are stored on the visitor’s computer. Cookies enable the analysis of how our website is used. The information generated in this manner on how you use this Internet offering is stored on our server in Germany. The IP address is rendered anonymous immediately after processing and prior to the storage of the IP address. For this reason, anonymous use of our website is ensured, in spite of visitor tracking.

We process the collected information to analyse and evaluate the use of our web pages so that we are - ultimately - in a position to design our Internet presence for visitors more attractive. Processing of the data is performed by our service provider mfab medienproduktion in Leinfelden-Echterdingen, Germany. We will not transfer this information to any third party.

You can prevent the installation of cookies through a corresponding setting in your Browser software; we expressly note, however, that you may not have full access to all the functions of this website.

 

Status of visitor tracking:

The legal basis for the use of the analysis tool is Art. 6 Para 1 Sentence 1 point f) GDPR. Our law firm has a legitimate interest in the website analysis and the purpose of this website analysis is the statistical recording of how web pages are used so that we are in a position to continually improve the website of our law firm and our service offerings.

SSL-Encryption

We use state-of-the-art encryption methods (e.g. SSL) for HTTPS data transmission to protect the security of your data.

Disclosure of data

Personal data is disclosed to third parties, if

  • according to Art. 6 Para 1 Sentence 1 point a) GDPR the data subject provided its express consent to such disclosure,
  • disclosure in accordance with Art. 6 Para 1 Sentence 1 point f) GDPR is required to enforce, exercise or defend legal claims and if there is no reason to believe that the data subject has an overriding legitimate interest to the non-disclosure of its data,
  • disclosure in accordance with Art. 6 Para 1 Sentence 1 point c) GDPR is required by law, and/or
  • disclosure of personal data is required for the processing of contractual relationships with the data subject in accordance with Art. 6 Para 1 Sentence 1 point b) GDPR.

Personal data is not disclosed to third parties in any other case.

Cookies

This website uses cookies. These are data packages that are exchanged between the law firm’s web page and the visitor’s Browser. These data packages are stored by the used devices (PC, Notebook, Tablet, Smartphone etc.) when a visitor accesses a web page. Cookies are not harmful to the used devices. Cookies do not contain any viruses or other malicious software. In the cookies information is stored that is generated in connection with the specific used device.  This does, however, not mean that this procedure provides the law firm with direct knowledge of the web page visitor’s identity.

The default setting of most Browsers accepts cookies.  The Browser setting can be configured such that cookies are generally not accepted on the used devices or that a special message is displayed before a new cookie is installed. We expressly note, however, that deactivation of cookies may result in that not all of the functions of a web page can be optimally used.
Cookies are used to make the use of the law firm’s web offering more convenient. For example, based on the information provided by Session-Cookies it can be tracked, if a visitor visited individual pages before.  Session Cookies are automatically erased after our website is left.

Temporary cookies are used to optimise user friendliness. Temporary cookies are temporarily stored on the visitor’s device for a certain fixed period. When the website is visited again, it will be automatically recognised that the visitor accessed the web page before and it is also recognised which data was entered and which settings were used so that these actions do not have to be repeated.

Cookies are also used to analyse accesses to our website for statistical purposes and to improve our offering. These cookies enable us to automatically recognise that a visitor visited our website before when he / she visits our website again. These cookies are automatically erased after a defined period.

The data that cookies process is required for the above stated purposes to safeguard the law firm’s justified interests according to Art. 6 Para 1 S. 1 point f) GDPR.

Use of Google Maps

This website uses on page Travel directions per GoogleMaps Google Maps to display maps and for the creation of travel directions.
Google Maps is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Through the use of this website, you agree to the collection, processing, as well as use of the automatically collected data and the data you provided by Google, its representatives or a third-party service provider.

You may access the terms of use for Google Maps at Terms of use for Google Maps. A detailed description is available at the data protection centre of google.de: Data protection provisions

Your rights as a data subject

To the extent your personal data is processed based on a visit of our website, you have the following rights as a ”data subject” in terms of the GDPR:

Information

You have the right to request information on whether we process any of your personal data. This right to request information does not apply if the provision of the requested information would violate the duty to observe secrecy according to Section 83 Tax Advisor's Act [StBerG] or if such information must be kept secret for other reasons, in particular on the grounds of an overriding legitimate interest of a third party. In derogation from the above provision, a duty to provide information can exist, if, in particular under consideration of imminent losses or damages, your interests are overriding as compared to the interest to observe secrecy. Furthermore, the right to information is also excluded, if the data is only stored, because erasure of the data is prohibited due to applicable retention periods required by law or the articles of association or the data is exclusively used for data back-up or data protection monitoring purposes, provided the provision of information would involve a disproportionate effort and the processing of the data for other purposes is excluded through the application of suitable technical and organisational measures. If the right to information is not excluded in your case and we process your personal data, you can request that we provide the following information:

  • Purposes of the processing
  • Categories of your personal data that is processed,
  • recipients or categories of recipients to which your personal data is disclosed, in particular if recipients are located in third countries,
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning you or the existence of a right to object against this processing;
  • the right to lodge a complaint with a data protection supervisory authority;
  • where the personal data are not collected from you as the data subject, any available information as to their source;
  • if applicable, the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such automated decision-making for the data subject.
  • if applicable, in the case personal data is transferred to recipients in third countries, unless a resolution of the EU Commission concerning the adequacy of the level of protection according to Art. 45 Para 3 GDPR is available, information as to which suitable guaranties according to Art. 46 Para 2 GDPR are provided for the protection of the personal data.

Rectification and Completion

If you become aware that we have inaccurate personal data of you, you have the right to demand that we promptly rectify these inaccurate data. In the case of incomplete personal data that concern you, you have the right to demand that these data are completed.

Erasure

You have the right to erasure (‘right to be forgotten’), unless processing is necessary for exercising the right of freedom of expression and information or for compliance with a legal obligation or for reasons of public interest and one of the following reasons applies:

  • The personal data are no longer necessary in relation to the purposes for which they were processed.
  • The legal basis to justify processing was exclusively your consent, which you have withdrawn.
  • You objected to the processing of your personal data, which we made public.
  • You objected to the processing of personal data which we did not make public and there are no overriding legitimate grounds for the processing.
  • your personal data have been unlawfully processed.
  • The personal data have to be erased for compliance with a legal obligation to which we are subject.

The right to erasure does not apply if, in the case of lawful, not-automated data processing, erasure is not possible or only possible with a disproportionate effort due to the special form of data storage and your interest in the erasure is minor. In this case erasure is replaced by restriction of processing.

Restriction of Processing

You have the right to demand that we restrict processing, if one of the following reasons applies:

  • You contest the accuracy of the personal data. In this case, the restriction of processing may be demanded for a period that allows us to check the accuracy of the data.
  • Processing of the data is unlawful and you demand instead of erasure that the use of your personal data is restricted.
  • We do not need your personal data any longer for processing, but you need these data for the establishment, exercise or defence of legal claims.
  • You objected to processing according to Art. 21 Para 1 GDPR. The restriction of processing can be demanded as long as it is not determined whether our legitimate grounds override your grounds.

Restriction of processing means that the personal data may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of another natural or legal person or for reasons of important public interest. We are obliged to inform you before we lift the restriction of processing.

Data Portability

You have the right to data portability, if the processing is based on your consent (Art. 6 Para 1 Sentence 1 point a) or Art. 9 Para 2 point a) GDPR) or an agreement to which you are a party and processing is performed by automated means. In this case, the right to data portability includes the following rights, provided such rights do not adversely affect the rights and freedoms of other persons: You have the right to demand from us to receive the personal data you provided to us in a structured, commonly used and machine-readable format. You have the right to transmit those data to another controller without hindrance from us. If and to the extent technically feasible, you have the right to demand that we directly transmit your personal data to another controller.

Objection

If your personal data is processed based on Art. 6 Para 1 Sentence 1 point e) GDPR (performance of a task carried out in the public interest or in the exercise of official authority) or is based on Art. 6 Para 1 Sentence 1 point f) GDPR (legitimate interests pursued by the controller or by a third party), you have the right to object to the processing of your personal data at any time, in particular, on grounds relating to your particular situation. This provision also applies to profiling that is based on Art. 6 Para 1 Sentence 1 point e) or point f) GDPR. After the exercise of the right to object, we will no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing is related to the establishment, exercise or defence of legal claims.

You may object at any time to processing of your personal data for direct marketing purposes.  This provision also applies to profiling that is related to such direct marketing. After the exercise of this right to object, we will no longer process the relevant personal data for direct marketing purposes.

You have the option to lodge your objection by telephone, per email or by informal notification to our legal firm’s mail address provided at the top of this privacy statement.

Withdrawal of Consent

You have the right to withdraw your provided consent at any time with future effect. This withdrawal of consent may be communicated by telephone, per email or by informal notification to our mail address. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. After receipt of the withdrawal, processing of data that is exclusively based on your consent is discontinued.

Complaint

If you consider the processing of personal data that concern you is unlawful, you may lodge a complaint with the data protection supervisory authority that is competent at your place of residence or work place or place of the alleged infringement.

Version and Updates to this Privacy Statement

The version of this privacy statement is May 24, 2018 We reserve the right to update this privacy statement at the appropriate time to improve data protection and / or adapt this privacy statement to changed administrative practices or changed case-law.

 

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