Privacy Policy

Data Protection Provisions

INTRODUCTION AND TERMS

1. Introduction

With the operation of our website www.germela.law (hereinafter referred to as “website”) we process personal data. We treat this data confidentially and process it in accordance with the applicable laws – in particular the Basic Data Protection Ordinance (DSGVO) and the Federal Data Protection Act (BDSG-neu). With our data protection regulations, we want to inform you which personal data we collect from you, for which purposes and on which legal basis we use them and, if applicable, to whom we disclose them. In addition, we will explain to you which rights you have to protect and enforce your data protection.

2. Terms

Our data protection regulations contain technical terms which are new to the DSGVO and the BDSG. For your better understanding, we would like to explain these terms in simple words in advance:
2.1 Personal data

“Personal data” means any information relating to an identified or identifiable person (Art. 4 No. 1 DSGVO). The details of an identified person can be, for example, the name or the e-mail address. However, personal data also includes data in which the identity is not immediately apparent but can be determined by combining one’s own or third-party information and thus finding out who it is. A person can be identified e.g. by providing his address or bank details, his date of birth or user name, his IP addresses and/or location data. Relevant here is all information that in any way allows conclusions to be drawn about a person.

2.2 Processing

Art. 4 No. 2 DSGVO defines “processing” as any process in connection with personal data. This applies in particular to the collection, recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure, transmission, dissemination or any other form of provision, comparison or combination, limitation, erasure or destruction of personal data.

RESPONSIBLE COMPANY AND DATA PROTECTION

3. Responsible

Responsible for data processing:
 

Company: GERMELA Law LLP (“we”)
Legal Representative: Marcel Trost (Managing Director)
Address: Suite 2002, Boulevard Plaza, Tower 1, Downtown Dubai, United Arab Emirates
Phone: +971 (0)4 554 1201
Fax: +971 (0) 4 226 1996
E-mail: info@germela.law

4. Data Protection Officer

We have appointed an external data protection officer for our company. You can reach him at:
 

Name: Erik Ahrens
Address: GERMELA Wülfing LLP,Hohe Bleichen 21, 20354,Hamburg, Germany
Phone: +49 179 941 88 83
Fax: +49 (0) 40 480 63 9 -92
E-mail: erik.ahrens@germela-wuelfing.com

PROCESSING FRAME

5. Processing Frame: Website

Within the framework of the website with the URL www.germela.law we process the personal data of you listed in detail below under numbers 6-13. We only process data from you which you actively enter on our website (e.g. by filling out forms) or which you automatically make available when using our services.
Your data will only be processed by us and will not be sold, lent or passed on to third parties. If we use the help of external service providers to process your personal data, this is done within the framework of a so-called order processing in which we as the customer are authorised to give instructions to our contractors. For the operation of our website, we use external service providers for hosting as well as for maintenance, care and further development. Should further external service providers be used for individual processing operations listed in sections 6-13, they will be named there.

Data transfer to third countries does not take place and is not planned. We will inform you about exceptions to this principle in the processing operations described below.

THE PROCESSING IN DETAIL

6. PROVISION OF THE WEBSITE AND SERVER LOGFILES

6.1 Description of Processing

Each time you visit our website, we automatically collect information that your browser sends to our server. This information is also stored in the so-called log files of our system. These are the following data:

  • the website from which you came to our website (so-called referrer)
  • the subpages you have called up on our website
  • the date and time of your visit to our website
  • Country and place from which you visited our website
  • Your length of stay on our website

The temporary storage of your IP address by the system is necessary in order to be able to deliver our website to a user’s terminal device. For this purpose, the IP address of the user must remain stored for the duration of the session. However, your IP address is not recorded in our log files. ALTERNATIVE: Your IP address is only recorded in the log files shortened by the last three digits.

6.2 Purpose

The processing is carried out in order to enable access to the website and to guarantee its stability and security. In addition, the processing serves the statistical evaluation and improvement of our online offer.

6.3 Legal Basis

Processing is necessary to safeguard the overriding legitimate interests of the data controller (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose specified in Section 6.2.

6.4 Storage Period

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data to provide the website, this is the case when the session in question has ended. The log files will be deleted after 30 days.

7. CONTACT FORM, CHAT, CONTACT BY E-MAIL, APPOINTMENT BOOKING

7.1 Description of Processing

To make contact we offer a contact form and a chat function on our website, as well as the possibility to book a consultation appointment with us via our website. In these forms you are asked to enter your e-mail address, your name and a message to us, as well as – if you want to book a consultation appointment – a telephone number. If you click on the “Send” button, the data will be transmitted to us using SSL encryption (see section 14). The forms can only be transmitted if you accept our data protection regulations by clicking on the corresponding checkbox. You can also contact us via the e-mail addresses provided on the website. In this case, the personal data of the user transmitted with the e-mail will be processed by us.

7.2 Purpose

With the provision of the contact form, the chat function and the appointment booking tool on our website, we want to offer you a convenient way to get in touch with us. The data transmitted with and in the forms or in your e-mail will be used exclusively for the purpose of processing and answering your request.

7.3 Legal Basis

Processing is necessary to safeguard the overriding legitimate interests of the data controller (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose specified in Clause 7.2. If the e-mail contact is aimed at the conclusion or fulfilment of a contract, data processing is carried out for the fulfilment of the contract (Art. 6 para. 1 lit. b DSGVO).

7.4 Storage Period

The data is deleted by us as soon as it is no longer required for the purpose of its collection. This is usually the case when the respective communication with you has ended. The communication is terminated when it can be inferred from the circumstances that your request has been conclusively clarified. If statutory retention periods prevent deletion, deletion will take place immediately after expiry of the statutory retention period.

8. COOKIES

8.1 Description

Our website uses cookies. Cookies are small text files that are stored on the user’s terminal device when a website is visited. Cookies contain information that enables the recognition of a terminal device and, if necessary, certain functions of a website. In most cases, we only use so-called “session cookies”. These are automatically deleted when you end your Internet session and close your browser. Other cookies remain stored on your end device for a longer period of time. We use the following cookies on our website:

  • Cookie name: __zlcmid; Purpose / function: … Storage period: This cookie expires after one year.
  • Cookie name: _gat_gtag_UA_137698837_1; Purpose/Function: … Storage period: This cookie expires one minute after it was created.
  • Cookie name: _ga; Purpose/Function: … Storage period: This cookie expires after two years.
  • Cookie name: __gid; Purpose/Function: … Storage period: This cookie expires 24 hours after it was created.

8.2 Purpose

We use cookies to make our website more user-friendly and to provide the features described in Section 10.1.

8.3 Legal Basis

Processing is necessary to safeguard the overriding legitimate interests of the data controller (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose specified in Clause 10.2.

8.4 Storage Period

Cookies are automatically deleted at the end of a session or at the end of the specified storage period. Since cookies are stored on your terminal device, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, individual functions of our website cannot be used or can only be used to a limited extent.

9. NEWSLETTER

9.1 Description of Processing

We send out a newsletter at irregular intervals. With the newsletter we inform you about general legal and tax developments in the markets in which we are active, about internal and external events as well as about topics of our own interest (e.g. new employees, new offices, etc.). You will only receive our newsletter if you actively subscribe to our mailing list. You can subscribe to it by filling in and sending a newsletter registration form on our website.

All you need to do to subscribe to the newsletter is enter your e-mail address. All other information (e.g. your first name and surname) is voluntary and serves only to personalise the e-mails.

We use the so-called double opt-in procedure to carry out and verify newsletter subscriptions. A registration takes place in several steps. First, you register on our website for the newsletter. You will then receive an e-mail from us at the e-mail address you provided. With this e-mail we will ask you to confirm that you have actually subscribed to the newsletter and wish to receive it. You can confirm by clicking on a confirmation link in the e-mail. Only after successful confirmation will we include you in our newsletter distribution list and send you e-mails in the future. As part of the double opt-in procedure, we store date, time and your IP addresses both during registration and confirmation.

9.2 Purpose

Processing takes place in order to offer the newsletter function and to be able to send newsletter e-mails to subscribers. The collection and storage of date, time and IP addresses when subscribing to the newsletter serves to document the consent given and to protect against the misuse of e-mail addresses.

9.3 Legal Basis

Our subscriber newsletter is processed on the basis of consent in accordance with Art. 6 Para. 1 lit. a DSGVO. Your consent is voluntary. The collection and storage of date, time and IP addresses for the newsletter registration is necessary to protect the predominant legitimate interests of the responsible person (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose stated in Clause 11.2.

9.4 Storage period and Revocation of Consent

If you do not confirm your subscription to our newsletter within 24 hours after receiving the corresponding registration e-mail, your data will be automatically deleted. We process your personal data for the duration of your newsletter subscription. You can cancel your subscription to our newsletter at any time by withdrawing your consent. A simple declaration (by e-mail to …, by post to … or by fax to …) is sufficient. You can also unsubscribe from the newsletter by clicking on the unsubscribe link in any newsletter e-mail or by sending an e-mail to https://www.germela.law/unsubscribe/. With the revocation of your consent no more newsletters are sent to you and your personal data are removed from our active distributor. We will use your e-mail address to enforce your revocation to a limited extent in our so-called black list. This enables us to ensure that you will not receive any newsletters from us in the future and that your e-mail address will not be misused by third parties.

9.5 Recipients and Transmission in Third Countries

We use the services of the newsletter provider Mailchimp to manage our newsletter distribution list and to send e-mails. This takes place within the framework of order processing. Mailchimp is an offer of The Rocket Science Group, LLC, 512 Means Street, Suite 404 Atlanta, GA 30318, USA (hereinafter referred to as “Mailchimp”). With your newsletter registration, the data provided during the registration process is transferred to Mailchimp and processed on Mailchimp servers in the USA. Mailchimp has submitted to the EU-US Privacy Shield. Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework. Further information on data protection at Mailchimp can be found in the service provider’s data protection declaration at http://mailchimp.com/legal/privacy/.

10. SOCIAL NETWORKS

Our website does not use social media plugins. The logo of the social network LinkedIn displayed on our website is only linked to the corresponding profile of our company. If you click on the logo, you will be redirected to the external website of the Social Network.

11. YOUTUBE VIDEOS

11.1 Description of Processing

Our website uses services from “YouTube”, a video platform operated by YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is represented by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. We use YouTube by embedding single videos from the platform on our website as so-called iFrame, so that they can be played directly on our website. The videos are embedded in the “enhanced privacy mode” offered on YouTube, i.e. no personal data from you will be transmitted to Google as long as you do not play the videos. Only when a video is played does a data transfer to Google take place, over which we have no influence. If you play an embedded video on a subpage of our website, it is transmitted to Google which subpage you visited and which video you viewed. Your IP address may also be transmitted to Google. If you are logged in as a YouTube or Google user, Google will assign this information to your user account. Google stores your data as user profiles and uses them for advertising purposes, for market research and/or for the demand-oriented design of the Google websites. You have the right to object to the creation of these user profiles, and you must contact Google directly to exercise this right. Further information on data protection at Google can be found at http://www.google.com/intl/de-DE/policies/privacy/.

11.2 Purpose

The processing takes place in order to be able to show you videos on our website.

11.3 Legal basis

Processing is necessary to safeguard the overriding legitimate interests of the data controller (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose specified in Section 16.2.

11.4 Recipients and transfer to third countries

Through the integration of YouTube, personal data may be transmitted to YouTube LLC or Google. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield. Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework.

12. GOOGLE MAPS

12.1 Description of Processing

Our website uses “Google Maps”, a map display service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”). We use Google Maps by including a map with our business address on our website. The map is loaded directly from a Google server. In order for this to happen, your browser sends a request to a Google server. This may also mean that your IP address is transmitted to Google in connection with the address of our website. However, Google Maps does not store any cookies on your end device. If you are logged in to Google when visiting our website, Google Maps assigns this information to your Google user account. Google stores your data as user profiles and uses them for advertising purposes, market research and/or to design the Google web pages according to your needs. You have the right to object to the creation of these user profiles, for the exercise of which you must contact Google directly. Further information on data protection at Google can be found at http://www.google.com/intl/de-DE/policies/privacy/.

12.2 Purpose

The processing takes place in order to be able to show you an interactive map on our website.

12.3 Legal Basis

Processing is necessary to safeguard the overriding legitimate interests of the data controller (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose specified in clause 20.2.

12.4 Recipients and transfer to third countries

Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield. Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework.

13. GOOGLE ANALYTICS

13.1 Description of Processing

Our website uses “Google Analytics”, a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”). Google Analytics uses cookies (see paragraph 8), which allow an analysis of your use of our offer. The information generated by the cookie is usually transferred to a Google server in the USA and stored there. However, we use Google Analytics exclusively with IP anonymisation. As a result, your IP address will be shortened by Google in advance within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. The statistics compiled by Google Analytics record in particular how many users visit our website, from which country or location the access takes place, which subpages are called up and via which links or search terms visitors reach our website. The Google Analytics user conditions can be found at http://www.google.com/analytics/terms/de.html. An overview of data protection at Google Analytics can be found at http://www.google.com/intl/de/analytics/learn/privacy.html. Google’s data protection declaration can be viewed at http://www.google.de/intl/de/policies/privacy.

13.2 Purpose

The processing takes place in order to evaluate the use of our website. The information obtained in this way serves to improve and design our online presence in line with requirements.

13.3 Legal basis

Processing is necessary to safeguard the overriding legitimate interests of the data controller (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose specified in Clause 21.2.

13.4 Storage Period and Right of Objection

We have explained the storage period as well as your control and setting options for cookies in section 8. You can object to the data processing by Google Analytics at any time by downloading and installing the browser add-on offered by Google at https://tools.google.com/dlpage/gaoptout?hl=de. Alternatively, you can click on the following link. This will set an opt-out cookie on your end device which will prevent the collection of your data on future visits to this website: Disable Google Analytics (LINK: “javascript:gaOptout()”). The analysis data processed and stored with Google Analytics are automatically deleted by us after 14 months.

13.5 Recipients and transmission in third countries

Google Analytics works for us as a service provider within the scope of order processing. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield. For more information on the EU-US Privacy Shield, please visit https://www.privacyshield.gov/EU-US-Framework.

SECURITY MEASURES

14. Security Measures

In order to protect your personal data from unauthorized access, we have provided our website with an SSL or TLS certificate. SSL stands for “Secure-Sockets-Layer” and TLS for “Transport Layer Security” and encrypts the communication of data between a website and the user’s terminal device. You can recognize the active SSL or TLS encryption by a small lock logo, which is displayed on the far left in the address bar of the browser.

YOUR RIGHTS

15. RIGHTS AFFECTED

With regard to the data processing described above by our company, you are entitled to the following data subject rights:
15.1 Information (Art. 15 DSGVO)

You have the right to request confirmation from us as to whether we are processing personal data concerning you. If this is the case, you have the right, under the conditions set out in Art. 15 DSGVO, to information about this personal data and to the further information listed in Art. 15 DSGVO.

15.2 Correction (Art. 16 DSGVO)

You have the right to demand from us immediately the correction of incorrect personal data concerning you and, if necessary, the completion of incomplete personal data.

15.3 Deletion (Art. 17 DSGVO)

You have the right to demand that we delete personal data concerning you immediately if one of the reasons listed in Art. 17 DSGVO applies, e.g. if your data is no longer required for the purposes pursued by us.

15.4 Restriction of data processing (Art. 18 DSGVO)

You have the right to demand that we restrict processing if one of the conditions listed in Art. 18 DSGVO is met, e.g. if you dispute the accuracy of your personal data, data processing will be restricted for the duration that enables us to verify the accuracy of your data.

15.5 Data transferability (Art. 20 DSGVO)

You have the right to demand the publication of the data concerning you in a structured, common and machine-readable format under the conditions listed in Art. 20 DSGVO.

15.6 Revocation of consents (Art. 7 para. 3 DSGVO)

You have the right to revoke your consent at any time in the case of processing based on consent. The revocation applies from the time of its assertion. In other words, it is effective for the future. The processing does not become retroactively illegal by the revocation of the consent therefore.

15.7 Complaint (Art. 77 DSGVO)

If you are of the opinion that the processing of your personal data violates the DSGVO, you have the right to complain to a supervisory authority. You may exercise this right with a supervisory authority in the EU Member State where you reside, where you work or where the alleged infringement occurred.

15.8 Prohibition of automated decisions/profiling (Art. 22 DSGVO)

Decisions which have legal consequences for you or which significantly affect you must not be based solely on automated processing of personal data, including profiling. We inform you that we do not use automated decision making, including profiling, with respect to your personal data.

15.9 Widerspruch (Art. 21 DSGVO)

If we process your personal data on the basis of Art. 6 para. 1 lit. f DSGVO (to protect predominantly legitimate interests), you have the right to object under the conditions set out in Art. 21 DSGVO. However, this only applies if there are reasons arising from your particular situation. Following an objection, we will no longer process your personal data unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms. Nor do we have to stop processing if it serves the assertion, exercise or defence of legal claims. In any case – regardless of any particular situation – you have the right to object at any time to the processing of your personal data for direct marketing purposes.

Stand: August 2019