Privacy Policy

Name and contact of the person responsible according to Article 4 para. 7 DSGVO

Company: Dr. Ekkehard Helmig Rechtsanwalt

Address:  Richard-Wagner-Str. 51
                D-65193 Wiesbaden
                Germany

Phone:    (06 11) 77 87 20
Fax:         (06 11) 77 87 211
E-Mail:     info@ra-helmig.de

 

Security and protection of your personal data

We consider it our primary duty to protect the confidentiality of the personal data you provide and to protect it from unauthorized access. We therefore apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European Data Protection Ordinance (DSGVO) and the provisions of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the data protection regulations are observed both by us and by our external service providers.

Definitions

 

The legislator requires that personal data be processed in a lawful manner, in good faith and in a manner that is comprehensible to the person concerned ("lawfulness, processing in good faith, transparency"). In order to ensure this, we inform you about the individual legal definitions which are also used in this data protection declaration:


  1. Personal Information

    "Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

  2. Processing

    "Processing" means any operation carried out, with or without the aid of automated procedures, or any such series of operations relating to personal data, such as the collection, collection, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.

  3. Restriction of processing

    "Restriction on processing" means the marking of stored personal data with the aim of restricting their future processing.

  4. Profiling

    „Profiling“ is any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.

  5. Pseudonymisation

    „Pseudonymisation“ is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.

  6. File System

    „File System“ is any structured collection of personal data accessible according to specific criteria, whether centralised, decentralised, functional or geographical.

  7. Person in charge

    „Person in charge“ means any natural or legal person, authority, body, office or other body which, alone or in association with others, decides on the purposes and means of processing personal data; where the purposes and means of such processing are specified by Union law or the law of the Member States, the controller, or the criteria for his appointment, may be specified in accordance with Union law or the law of the Member States.

  8. contract processor

    „Contract processor“ is a natural or legal person, authority, institution or other body processing personal data on behalf of the data controller.

  9. Consignees

    „Consignees“ is a natural or legal person, authority, institution or other body to which personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union law or the law of the Member States under a particular investigation mandate shall not be considered recipients; the processing of such data by the said authorities shall be carried out in accordance with the applicable data protection rules in accordance with the purposes of the processing.

  10. Third person

    „third person“ means a natural or legal person, authority, institution or other body other than the data subject, the data processor, the data processor and the persons authorised to process the personal data under the direct responsibility of the data processor or the data processor.

  11. Consent

    Data subject's "consent" means any voluntary declaration of intent in the specific case, in an informed and unequivocal manner, in the form of a declaration or other clear affirmative act with which the data subject indicates that he or she agrees to the processing of personal data concerning him or her.

Legality of processing

The processing of personal data is only legal if there is a legal basis for the processing. Under Article 6(1)(a) - (f) DSGVO, the legal basis for processing may in particular be:

 

  1. The data subject has given his/her consent to the processing of his/her personal data for one or more specific purposes;

  2. Processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject;

  3. The processing is necessary to fulfil a legal obligation to which the controller is subject;

  4. Processing is necessary to protect the vital interests of the data subject or another natural person;

  5. Processing is necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;

  6. Processing is necessary to safeguard the legitimate interests of the data controller or a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail, in particular where the data subject is a child.

Information about the collection of personal data

(1) In the following we inform about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behavior.

 

(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, if applicable your name and your telephone number) will be stored by us in order to answer your questions. We delete the data arising in this context after storage is no longer necessary, or processing is restricted if statutory retention obligations exist.

Collection of personal data when you visit our website

When you merely use the website for information purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6 Par. 1 S. 1 lit. f DSGVO):

  • IP adress

  • Date and time of the request

  • Zeitzonendifferenz zur Greenwich Mean Time (GMT)

  • Content of the request (specific page)

  • Access Status/HTTP Status Code

  • The amount of data transferred in each case

  • Website from which the request comes

  • Browser

  • Operating system and its interface

  • Language and version of the browser software.

Use of cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk in the browser you use and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.

(2) This website uses the following types of cookies, the scope and functionality of which are explained below:

  • Transient cookies (see a.)

  • Persistent cookies (see b.).

  1. Transient cookies are automatically deleted when you close the browser. This includes in particular the session cookies. These store a so-called session ID, with which different requests of your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close your browser.

  2. Persistent cookies are automatically deleted after a specified period, which can vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.

  3. You can configure your browser settings according to your wishes and, for example, reject the acceptance of third party cookies or all cookies. Third Party Cookies" are cookies that have been set by a third party and therefore not by the actual website you are currently visiting. Please note that you may not be able to use all functions of this website by deactivating cookies.

  4. We use cookies to identify you for subsequent visits if you have an account with us. Otherwise you will have to log in again for each visit.

  5. The Flash cookies used are not recorded by your browser, but by your Flash plug-in. We also use HTML5 storage objects that are stored on your mobile device. These objects store the required data independently of your browser and do not have an automatic expiry date. If you do not want the Flash cookies to be processed, you must install an appropriate add-on, e.g. "Better Privacy" for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/ ) or the Adobe Flash killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by using private mode in your browser. We also recommend that you regularly delete your cookies and your browser history manually.

Further functions and offers of our website

(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. As a rule, you must provide further personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.

(2) In some cases we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly checked.

(3) Furthermore, we may pass on your personal data to third parties if we offer special offers, competitions, contracts or similar services together with partners. For more information, please provide your personal data or see the description of the offer below.

(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.

Kids

Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

Rights of the data subjects

Revocation of consent

 

You can contact us at any time to exercise your right of withdrawal.

(2) Right to confirmation

You have the right to ask the data controller to confirm whether we are processing personal data concerning you. You can request confirmation at any time using the above contact details.

(3) right to information

If personal data is processed, you can request information about this personal data and about the following information at any time:

  1. The processing purposes;

  2. The categories of personal data being processed;

  3. The recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations;

  4. If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;

  5. The existence of a right to correction or deletion of the personal data concerning you or to restriction of the processing by the controller or a right of objection against this processing;

  6. The existence of a right of appeal to a supervisory authority;

  7. If the personal data are not collected from the data subject, all available information on the origin of the data;

  8. The existence of automated decision-making including profiling in accordance with Article 22(1) and (4) DSGVO and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

If personal data are transferred to a third country or international organisation, you have the right to be informed of the appropriate guarantees under Article 46 DSGVO in relation to the transfer. We provide a copy of the personal data that is the subject of the processing. We may charge an appropriate fee based on administrative costs for any additional copies you request from a person. If you submit the application electronically, the information shall be provided in a common electronic format, unless otherwise specified. The right to obtain a copy in accordance with paragraph 3 shall not prejudice the rights and freedoms of other persons.

(4) Right to correction

You have the right to request the data controller to delete personal data concerning you immediately and we are obliged to delete personal data immediately if one of the following reasons applies:

  1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

  2. The data subject withdraws his/her consent on which the processing referred to in Article 6(1)(a) or Article 9(2)(a) DSGVO was based and there is no other legal basis for processing.

  3. The data subject opposes processing under Article 21(1) DSGVO and there are no overriding legitimate grounds for processing or the data subject opposes processing under Article 21(2) DSGVO.

  4. The personal data was processed unlawfully.

  5. The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject and that law contains appropriate measures to safeguard the rights and freedoms and the data subject's legitimate interests or

  6. The personal data was collected in relation to information society services offered in accordance with Article 8(1) of the DSGVO.

Where the data controller has made the personal data public and is required to delete them in accordance with paragraph 1, he shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform data processors of the personal data that a data subject has requested them to delete all links to such personal data or copies or replications of such personal data.

The right to cancellation ("right to be forgotten") does not exist if the processing is necessary:

  • For the exercise of the right to freedom of expression and information;

  • For the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject, or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;

  • For public health reasons in accordance with Article 9(2)(h) and (i) and Article 9(3) DSGVO;

  • For archiving purposes of public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the DSBER, where the right referred to in paragraph 1 is likely to render impossible or seriously prejudicial the attainment of the objectives of such processing, or

  • For the enforcement, exercise or defence of claims.

(5) Right to cancellation ("Right to be forgotten")

You have the right to request the data controller to delete personal data concerning you immediately and we are obliged to delete personal data immediately if one of the following reasons applies:

  1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

  2. The data subject withdraws his/her consent on which the processing referred to in Article 6(1)(a) or Article 9(2)(a) DSGVO was based and there is no other legal basis for processing.

  3. The data subject opposes processing under Article 21(1) DSGVO and there are no overriding legitimate grounds for processing or the data subject opposes processing under Article 21(2) DSGVO.

  4. The personal data was processed unlawfully.

  5. The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.

  6. The personal data were collected in relation to information society services offered in accordance with Article 8(1) DSGVO.

Where the data controller has made the personal data public and is required to delete them in accordance with paragraph 1, he shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform data processors of the personal data that a data subject has requested them to delete all links to such personal data or copies or replications of such personal data.

The right to cancellation ("right to be forgotten") does not exist if the processing is necessary:

  • The right to cancellation ("right to be forgotten") does not exist if processing is necessary:

  • To fulfil a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject, or to perform a task in the public interest or in the exercise of official authority conferred on the controller;

  • For public health reasons in accordance with Article 9(2)(h) and (i) and Article 9(3) DSGVO;

  • For archiving purposes of public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the DSBER, where the right referred to in paragraph 1 is likely to render impossible or seriously prejudicial the attainment of the objectives of such processing, or

  • For the enforcement, exercise or defence of claims.

(6) Right to limitation of processing

You have the right to ask us to limit the processing of your personal data if one of the following conditions applies:

  1. The accuracy of the personal data is disputed by the data subject for a period that allows the data subject to verify the accuracy of the personal data,

  2. The processing is unlawful and the data subject refuses to delete the personal data and instead requests the restriction on the use of the personal data;

  3. The data controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims, or

  4. The data subject has lodged an objection to the processing pursuant to Article 21(1) DSGVO, until it has been established whether the legitimate grounds of the data controller outweigh those of the data subject.

Where processing is restricted in accordance with the above conditions, such personal data shall only be processed, other than for the purposes of their storage, with the consent of the data subject or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

To exercise the right to restrict processing, the data subject may contact us at any time at the above contact details.

(7) Right to data transferability

You have the right to receive the personal information about you that you have provided to us in a structured, current and machine-readable format, and you have the right to share that information with another data controller without interference from the controller to whom the personal information has been provided, provided:

  1. Processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) DSBER and

  2. Processing is carried out using automated procedures.

When exercising the right to data transferability under paragraph 1, you have the right to have the personal data transferred directly from one controller to another controller, where technically feasible. The exercise of the right to data transferability does not affect the right to deletion ("right to be forgotten"). This right shall not apply to processing necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

(8) Right of Objection

You have the right to object at any time to the processing of personal data concerning you under Article 6(1)(e) or (f) DSGVO for reasons arising from your particular situation, including profiling based on these provisions. The data controller no longer processes the personal data unless he can prove compelling grounds for protection for the processing which outweigh the interests, rights and freedoms of the data subject or the processing serves to assert, exercise or defend legal claims.

If personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising, including profiling in so far as it is related to such direct marketing. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

In connection with the use of information society services, notwithstanding Directive 2002/58/EG, you may exercise your right of opposition by means of automated procedures using technical specifications.

You have the right to object for reasons arising from your particular situation to the processing of personal data concerning you, for scientific or historical research purposes or for statistical purposes under Article 89(1), unless such processing is necessary for the performance of a task in the public interest.

You can exercise your right of objection at any time by contacting the person responsible.

(9) Automated decisions in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that has legal effect against you or significantly affects you in a similar manner. This does not apply if the decision:

  1. Is necessary for the conclusion or performance of a contract between the data subject and the data controller,

  2. Is admissible under Union or Member State law to which the data controller is subject and that law contains appropriate measures to safeguard the rights and freedoms and the data subject's legitimate interests or

  3. With the data subject's express consent.

The data controller shall take reasonable measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the data controller, to state his own position and to challenge the decision.

The person concerned can exercise this right at any time by contacting the person responsible.

(10) Right of appeal to a supervisory authority

They shall also have the right of appeal to a supervisory authority, without prejudice to any other administrative or judicial remedy, in particular in the Member State where they are staying, working or suspected of having infringed this Regulation, where the data subject considers that the processing of personal data concerning him or her is contrary to this Regulation.

(11) Right to an effective judicial remedy

You have the right to an effective judicial remedy under Article 77 DSGVO, without prejudice to any available administrative or extrajudicial remedy, including the right of appeal to a supervisory authority, if it considers that the rights conferred on it by this Regulation have been infringed as a result of processing of your personal data in breach of this Regulation.

 Use of Google Analytics

(1) This website uses Google Analytics, a web analysis service of Google Inc. "("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, Google will reduce your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with further services associated with website and Internet use.

(2) The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

(3) 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 Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: tools.google.com/dlpage/gaoptout.

Alternatively to the browser plug-in or within browsers on mobile devices, click this link to prevent future collection by Google Analytics within this website (the Opt Out only works in this browser and only for this domain: www.ra-helmig.de). An opt-out cookie is stored on your device. If you delete your cookies in this browser, you must click this link again.

(4) This website uses Google Analytics with the extension "_anonymizeIp()". As a result, IP addresses are further processed in abbreviated form, so that a personal relationship can be ruled out. As far as the data collected about you is personal, it will be excluded immediately and the personal data will be deleted immediately.

(5) We use Google Analytics to analyse and regularly improve the use of our website. We can improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 Par. 1 S. 1 lit. f DSGVO.

(6) Third party information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. user conditions:

www.google.com/analytics/terms/de.html, Overview of data protection: www.google.com/intl/de/analytics/learn/privacy.html, as well as the data protection declaration: www.google.de/intl/de/policies/privacy.

 

Inclusion of Google Maps

(1) On this website we use the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to conveniently use the map function.

 

(2) By visiting the website, Google receives information that you have called up the corresponding subpage of our website. In addition, the data specified in § 3 of this declaration will be transmitted. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such evaluation takes place in particular (even for unlogged-in users) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.

 

(3) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the data protection declarations of the provider. You can also find out more about your rights and privacy settings there: www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.