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Privacy Notice

Privacy Notice

 

This privacy notice explains how personal data are processed when you visit the website www.kanzlei-arete.de as well as in the context of my work as a lawyer and describes the rights you have with respect to your personal data.

1. Controller

Rechtsanwältin Karen Sokoll, LLM
Dircksenstraße 52 (Am Hackeschen Markt)
D-10178 Berlin
E-Mail: info[at]kanzlei-arete.de

2. Visiting this website

When you access the website www.kanzlei-arete.de the browser on your end device automatically sends information to the website server in order to display the content. The following information is collected: IP address of the calling-up end device, date and time of access, name and URL of the file called up including transmitted data volume, website from which access is made, browser version used, operating system of the calling end device and identifier of your access provider. This information is temporarily stored in a log file. Before being stored, the IP addresses are shortened and thus made anonymous. The above-mentioned data is processed to enable a smooth connection and comfortable use of the website as well as system security and stability. The legal basis of this processing is my overriding legitimate interest in the functioning and secure offer of an internet presence, Art. 6 para. 1 sentence 1 lit. f of the European General Data Protection Regulation (GDPR). No cookies are used on this website.

3. Contact form

You can contact me using the form provided on the website. In this case, the data entered there will be transferred to me by my host provider via TLS encrypted e-mail. Please do not use the contact form for the transmission of confidential information; for this we can choose a suitable procedure of end-to-end encypted communication. For the allocation of your request your name and a valid e-mail address is required. Further details are voluntary. The legal basis for the processing of your data is the legitimate interest in facilitating contact (Art. 6 para. 1 sentence 1 lit. f GDPR) or, if you are or wish to become a client, the initiation or fulfilment of the contract (Art. 6 para. 1 sentence 1 lit. b GDPR). The data collected via the contact form will be processed solely for the purpose of dealing with your enquiry and will be deleted thereafter. If a mandate or other operation results from the enquiry, your data will be transferred to an (electronic) file for this purpose, if necessary, and deleted there after the matter has been completed, taking into account potential legal obligations to retain data. If your data is processed on the basis of Art. 6 para. 1 sentence 1 letter f GDPR, you may object to the processing for reasons arising from your particular situation (see point 9 below).

4. Hosting

For the operation of my website I use a technical service provider based in Germany, with whom I have concluded a data processing agreement.

5. Social networks

I am present on the XING social network platform. If you click on the XING icon on my website, you will be forwarded to my presence there. Personal data is not collected in the process.

6. Data processing in the context of my work as a lawyer

Within the scope of my work as a lawyer, I process personal data of my clients (if they are natural persons) or their internal contact persons and employees involved, as well as of any of their contractual partners and other parties involved or their organs and employees, as well as other personal data contained in documents relevant to the mandate, to the extent necessary for the purpose of exercising the mandate. Typically, these data will include names and job titles, contact data such as (E-Mail) addresses and telephone numbers, , financial data such as bank account numbers as well as other personal data that is disclosed to me in the context of the mandate.

These data are processed in particular to check the acceptance of the mandate, to conclude the mandate agreement, to provide legal advice including the preparation of the work results owed and the keeping of the files required by professional law, to communicate with the clients and third parties (e.g. courts, authorities, other consultants, the other party) as well as for billing my services.

Depending on the constellation, the legal basis is: (a) the initiation or execution of the mandate agreement, whereby the scope and details of the data processing result from the respective agreement and, if applicable, the associated terms and conditions of the mandate (Art. 6 para. 1 sentence 1 lit. b GDPR); (b) the compliance with a legal obligation to which I am subject as a lawyer (Art. 6 para. 1 sentence 1 lit. c, para. 3 GDPR in connection with the respective legal obligation, e.g. under the law governing the legal profession or the Money Laundering Act); or (c) my legitimate interest in processing the data for my business operations, for providing services to my clients or, if necessary, for the establishment, exercise or defence of any liability claims (Art. 6 para. 1 sentence 1 lit. f GDPR).

I store the personal data for as long as they are required for the fulfilment of the respective purpose, as well as for the fulfilment of professional (cf. Sec. 50 Federal Lawyer‘s Act, BRAO) and statutory retention obligations (in particular from the German Commercial Code and the German Fiscal Code).

7. Recipients of data

7.1 Data processors

For the provision of the website and the hosting in a certified computer centre I use a technical service provider based in Germany, in compliance with the legal requirements, i.e. bound by instructions and bound to confidentiality, on the basis of a data processing agreement.

7.2 Third parties

I only transfer your personal data to third parties

– insofar as this is legally permissible and necessary for the handling of the client relationship with you (Art. 6 para. 1 sentence 1 lit. b GDPR) or

– provided that the disclosure is necessary for the establishment, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in ensuring that your data is not disclosed (Art. 6 para. 1 sentence 1 letter f GDPR), or

– if and to the extent that I am legally obliged to pass them on (Art. 6 para. 1 sentence 1 lit. c and para. 3 GDPR, in conjunction with the respective legal obligation).

The attorney-client confidentiality remains unaffected. Data which is subject to my duty of secrecy will only be passed on in consultation with you.

Personal data will only be transferred to states outside the European Union or the European Economic Area if and to the extent that this is necessary in the context of attending to a mandate or to fulfil legal obligations.

8. Requirements to provide personal data

Within the scope of our mandate relationship, you must provide those personal data which are necessary for its initiation, implementation and termination as well as for the fulfilment of the associated contractual obligations or which I am legally obliged to collect. Without the necessary information and documents I will not be able to conclude, execute and terminate a contract with you.

9. Data subjects‘ rights

Access: You have the right to obtain confirmation as to whether I am processing personal data concerning you; if this is the case, you have the right to obtain access tot he personal data and the information specified in Art. 15 GDPR.

Rectification: If the personal data concerning you is not (or is no longer) accurate, you may, pursuant to Art. 16 GDPR, request its rectification without undue delay; you may also request the completion of incomplete data, taking into account the purposes of the processing.

Deletion: In accordance with Art. 17 GDPR, you can request the erasure of your personal data stored with us if they are no longer necessary in relation to the purposes for which they were collected or otherwise processed, or if the personal data have to be erased for compliance with a legal obligation to which I am subject or for any other reason stated in Art. 17 para. 1 GDPR. This shall not apply if the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation (e.g. a legal obligation to retain records), for the establishment, exercise or defence of legal claims or for any other reason stated in Art. 17 para. 3 GDPR or if deletion is prevented by the reasons stated in Section 35 Bundesdatenschutzgesetz (BDSG), in particular by statutory or contractual retention periods. In the latter case, the data must instead be blocked (restriction of processing).

Restriction of processing: In accordance with Art. 18 GDPR, you can demand the restriction of the processing of your personal data (blocking) if you contest the accuracy of the data, if the processing is unlawful but you oppose the erasure oft he personal data, or if I no longer need the data but you require it for the establishment, exercise or defence of legal claims, or if you have lodged an objection to the processing in accordance with Art. 21 GDPR.

Data portability: If you have provided personal data to me based on a contract between us and their processing is carried out by automated means, you may, in accordance with Art. 20 GDPR, request to receive these data in a structured, commonly used and machine-readable format or request that they be transmitted to another controller.

Objection: If your personal data are processed based on overriding legitimate interests in accordance with Art. 6 para. 1 sentence 1 letter f GDPR, you have the right to object to the processing of your personal data at any time in accordance with Art. 21 GDPR, on grounds relating to you particular situation. I will then no longer process your data and delete it immediately unless I can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or fort he establishment, exercise or defence of legal claims. To exercise your right of objection, you can contact me by post or e-mail at my contact address mentioned in section 1.

Complaint: You have the right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR. For this purpose, you may in particular contact the supervisory authority which is responsible for your usual place of residence or workplace or for my place of business. The latter is the

Berlin Commissioner for Data Protection and Freedom of Information
Friedrichstr. 219, 10969 Berlin
e-mail: mailbox[at]datenschutz-berlin.de

10. Data security

The law firm Areté and its service provider (see point 7.1 above) take technical and organisational security measures to protect your personal data against accidental or intentional manipulation, loss, destruction or access by unauthorised persons. The security measures are continuously improved in line with technological developments. When using the website and transmitting your personal data via the contact forms, appropriate encryption is used by Secure Socket Layer (SSL).

September 2020