Thank you very much for your interest in our company. The partners of the GOTTSCHALD Patentanwälte Partnerschaft mbB attach great importance to data protection. A use of the internet pages of the GOTTSCHALD Patentanwälte Partnerschaft mbB is basically possible without any indication of personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The GOTTSCHALD Patentanwälte Partnerschaft mbB has implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as telephone.
We use the following terms in this privacy statement, among others:
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). A natural person shall be considered identifiable if he can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an on-line identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of 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, conduct, whereabouts or movement of that natural person.
Pseudonymisation means 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 provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or data controller
The controller or data controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of certain criteria.
h) Processors under contract
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union law or the law of the Member States shall not be considered as recipients.
j) Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Data Protection Commissioner:
GOTTSCHALD Patentanwälte Partnerschaft mbB Klaus-Bungert-Straße 1 40468 Düsseldorf Germany
Phone: +49 211 58 58 83 90
E-Mail: info[at]gottschald-ip.de Website: www.gottschald-ip.de
Any person concerned can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
The website of the GOTTSCHALD Patentanwälte Partnerschaft mbB collects a series of general data and information each time a person concerned or an automated system accesses the website. This general data and information is stored in the log files of the server. The (1) browser types and versions used can be recorded, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.
The GOTTSCHALD Patentanwälte Partnerschaft mbB does not draw any conclusions about the person concerned when using this general data and information. This information is needed (1) to correctly deliver the content of our website, (2) to optimize the content and advertising of our website, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. the GOTTSCHALD Patentanwälte Partnerschaft mbB therefore evaluates this anonymously collected data and information both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European issuers of directives and and regulations or another legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European issuers of directives and and regulations or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
a) Right to confirmation
Every data subject shall have the right, granted by the European issuers of directives and and regulations, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of access
Any person concerned by the processing of personal data has the right, granted by the European issuers of directives and and regulations, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. In addition, the European legislator has provided the data subject with the following information:
The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
c) Right to rectification
Any person concerned by the processing of personal data has the right, granted by the European issuers of directives and and regulations, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
d) Right to cancellation (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European issuers of directives and and regulations, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
If one of the above reasons applies and a person concerned wishes to have personal data stored at the GOTTSCHALD Patentanwälte Partnerschaft mbB deleted, he can contact an employee of the person responsible for processing at any time. The employee of the GOTTSCHALD Patentanwälte Partnerschaft mbB will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by the GOTTSCHALD Patentanwälte Partnerschaft mbB and our company is responsible in accordance with Art. 17 Par. 1 DS-GVO, the GOTTSCHALD Patentanwälte Partnerschaft mbB shall take appropriate measures, including technical measures, to inform other persons responsible for data processing who process the published personal data that the data subject has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary, taking into account the available technology and the implementation costs. The employee of the GOTTSCHALD Patentanwälte Partnerschaft mbB will take the necessary steps in individual cases.
e) Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European issuers of directives and and regulations, to request the controller to limit the processing if one of the following conditions is met:
If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored at the GOTTSCHALD Patentanwälte Partnerschaft mbB, he can contact an employee of the controller at any time. The employee of the GOTTSCHALD Patentanwälte Partnerschaft mbB will initiate the restriction of the processing.
f) Right to data transferability
Any data subject involved in the processing of personal data has the right, granted by the European issuers of directives and and regulations, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It shall also have the right to communicate such data to another controller without interference from the controller to whom the personal data have been provided, provided that the processing is based on the consent referred to in Article 6(1)(a) DS-GVO or Article 9(2)(a) DS-GVO or on a contract referred to in Article 6(1)(b) DS-GVO and that the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) DS-GVO, the data subject shall have the right to obtain that the personal data be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transferability, the person concerned can contact an employee of the GOTTSCHALD Patentanwälte Partnerschaft mbB at any time.
g) Right of appeal
Any person data subject to the processing of personal data has the right, granted by the European issuers of directives and and regulations, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.
The GOTTSCHALD Patentanwälte Partnerschaft mbB will no longer process the personal data in the event of an objection, unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defence of legal claims.
If the GOTTSCHALD Patentanwälte Partnerschaft mbB processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling in so far as it is related to such direct marketing. If the person concerned objects to the GOTTSCHALD Patentanwälte Partnerschaft mbB processing the data for direct marketing purposes, the GOTTSCHALD Patentanwälte Partnerschaft mbB will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data relating to him/her by the GOTTSCHALD Patentanwälte Partnerschaft mbB for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
To exercise the right of opposition, the person concerned may directly contact any employee of the GOTTSCHALD Patentanwälte Partnerschaft mbB or another employee. The data subject shall also be free to exercise his right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated case-by-case decisions including profiling
Any person data subject to the processing of personal data has the right under the European directive and regulation not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorised by Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.
If the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the responsible person or (2) it is made with the express consent of the data subject, the GOTTSCHALD Patentanwälte Partnerschaft mbB shall take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the responsible person, to state his own position and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller.
i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right, granted by the European issuers of directives and and regulations, to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may do so at any time by contacting an employee of the controller.
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This shall in particular be the case where an applicant sends the relevant application documents to the controller by electronic means, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transferred data shall be stored for the purpose of processing the employment relationship in accordance with the statutory provisions. If the controller does not conclude a contract of employment with the candidate, the application file shall be automatically deleted two months after notification of the refusal decision, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG).
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our business was injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 DS-GVO).
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
The criterion for the duration of the storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee informs the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences the non- availability of the personal data would have.
As a responsible company, we refrain from automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer for Leipzig, in cooperation with the data protection lawyer Christian Solmecke.