The protection of your personal data is of greatest importance to us. We process your data exclusively in line with the relevant statutory provisions (see in particular General Data
Protection Regulation (GDPR), Austrian Data Protection Act – DSG 2018). This Privacy Statement details the most important aspects of the data processing activities carried out by Denk Kaufmann Fuhrmann Rechtsanwälte OG (hereinafter shortly referred to as: “RADF/“we“).
For ease of readability, no gender-specific differentiation is implied when referring to people in this Privacy Statement. Terms used automatically imply equal treatment for both male and female.
A. Information in accordance with Article 13 GDP:
Depending on the type of collection of personal data, we are subject to different information obligations in accordance with the relevant data protection regulations. The following information is provided in the event that personal data is collected (directly) from you.
1. Processing purposes and legal grounds
We collect, process and use your personal data
within the scope of your consent (Art. 6 para. 1 lit. a GDPR),
for implementing pre-contractual measures upon your request and for performing a contract which has been concluded between RADF and you (if need be, represented by another natural or legal person/authority/body) (Art. 6 para. 1 lit. b GDPR), especially resulting from and in connection with business transactions (in particular identification as client, counseling and representation, correspondence, handling of liability claims and other claims, etc.) and within the scope of accounting activities (especially invoicing),
for protecting our legitimate, prevailing interests (Art. 6 para. 1 lit. f GDPR), for example for sales and marketing activities, therefore in particular for making contact for marketing and advertisement purposes, e.g. by means of advertising brochures, newsletters, event invitations, Christmas greetings etc., or legitimate, prevailing interests of a third party, such as our clients and customers (for example, to assert and/or defend their rights/claims).
for meeting our statutory/legal obligations (Art. 6 para. 1 lit. c GDPR), such as in particular according to the bar regulations, or
wenn eine soif another legal foundation in accordance with the GDPR exists; this is to be done under observance of the relevant provisions, especially data protection and civil law provisions.
Personal data are all data which contain individual details about personal or factual circumstances, for example name, address, e-mail address, phone number, date of birth, sex, social security number, photos, etc. This may also include special categories of personal data, such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural persons sex life or sexual orientation or data in connection with criminal proceedings.
We only collect such personal data which are required for the above-mentioned processing purposes or which have been voluntarily disclosed by you. Such personal data shall be made available to us within the scope of the contractual relationship which are required for the conclusion and performance of the contractual relationship (especially name, address, other contact details, etc.) and which we are obliged to collect by law. If you do not provide these data to us, we will, as a rule, have to reject the conclusion of the contract or the order fulfilment or we will no longer be able to continue performing and will therefore have to terminate existing contracts. Nevertheless, you are not obliged to make such data available to us which are not required statutorily and/or for contract performance.
2. Your rights
As a data subject, you are at all times entitled to the right of access (Art. 15 GDPR) to your stored personal data and to obtain information about their origin, their recipient and the corresponding data processing purpose. In this case we will provide you with a copy of the personal data undergoing processing. If you request any further copies, we are entitled to demand a reasonable compensation based on the respective administrative costs. If you request the information electronically, the information shall be made available in a conventional electronic format, unless indicated otherwise.
You moreover have the right to demand the immediate rectification of inaccurate personal data concerning you. In consideration of the processing purpose, you have the right to demand the integration of incomplete personal data – also by means of a complementary declaration (see Art. 16 GDPR).
You are kindly requested to inform us of any change referring to your personal data.
For certain reasons (as listed in Art. 17 para.1 GDPR), you have the right to demand that personal data concerning you be deleted immediately. In this case DKP is generally obliged to delete the corresponding personal data immediately.
Under certain legal prerequisites (Art. 18 GDPR) you are entitled to request a restriction of the data processing. If processing has been restricted, such personal data may only be processed given your consent – except for their storage – or when this is necessary for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of a substantial public interest of the European Union or a Member State.
If data processing is based on consent or on a contract and processing is carried out with the aid of automated processes, you have the right to obtain the corresponding personal data you have provided to us in a structured, conventional and machine-readable format and to make these data available to another responsible without interference from DKP (Art. 20 GDPR). You are moreover entitled to request that your personal data be transmitted directly by DKP to another responsible, insofar as this is technically feasible and the rights and freedoms of other persons are not affected.
If you have already given your consent to data processing, you are reminded that this consent can be revoked at any time without prejudice to the lawfulness of the consent-based processing which has occurred before its revocation.
Right to object, Art. 21 GDPR
On grounds resulting from your particular situation, you have the right to object to the processing of personal data concerning you, which is done for safeguarding the legitimate, prevailing interests of RADF or a third party (for the purposes of Art. 6 para. 1 lit. f GDPR); this also applies to a profiling based on these provisions. In this case, RADF will stop processing the corresponding personal data, unless we can prove compelling and legitimate grounds for processing which outweigh your interests, rights and freedoms, or the processing serves for the establishment, exercise or defence of legal claims.
If personal data are processed for direct advertising purposes (making direct contact, e.g. by means of sending letters or brochures and newsletters, phone calls, e-mails, etc.), you are entitled to object to the processing of personal data concerning you for advertising purposes at any time (also without stating any reasons); this also applies to profiling, insofar as it is related to such direct advertisement. If you object to data processing for direct advertising purposes, your personal data will no longer be processed for these reasons.
On grounds resulting from your particular situation, you moreover have the right to object to the processing of personal data concerning you for scientific or historic research purposes or for statistical reasons, unless this processing is required for fulfilling a task in the general public interest.
Your request for access, erasure, rectification, objection and/or data portability, in the latter case, unless this involves a disproportionate effort, can be sent to the address and/or e-mail address of RADF indicated in Point 11 of this Statement.
If you consider that the processing of the personal data concerning you constitutes a violation of the GDPR, you are entitled to lodge a complaint with the supervisory authority of your Member State of residence, workplace or the location of the alleged violation. If your place of residence and/or your workplace is in Austria and/or Austria is the location of the alleged violation, the complaint shall be submitted to the Austrian Data Protection Authority (Österreichische Datenschutzbehörde, Wickenburggasse 8, 1080 Vienna) as the national data protection authority.
3. Data security
Your personal data are protected by appropriate technical and organisational precautions. These precautions aim in particular at the protection against unauthorised, illegal and also accidental access, processing, loss, use and manipulation.
Despite our endeavours to always ensure a reasonably high standard of diligence requirements, it cannot be ruled out that the information you provide to us via the internet can be accessed and used by other persons.
Therefore, please note that we do not assume any liability whatsoever for the disclosure of information due to data transfer errors we are not responsible for and/or unauthorised access by third parties (e.g. hacker attacks of e-mail accounts or telephones, interception of faxes).
4. Use of data
We do not process the data made available to us for other purposes than those covered by the contract or your consent or by another provision in line with the purposes outlined in the GDPR. The use for statistical purposes shall be excluded from this provision, insofar as the provided data are anonymised.
5. Transfer of data to third parties
Your data are only transferred to those employees within our office who need them for the performance of contractual and/or statutory obligations.
In addition, it may be required to transfer your data to third parties within the scope of the processing purposes (see in particular Point 1 of this Statement), e.g. insurance companies, opposing party, substitutes, courts, public authorities, expert witnesses, translators/interpreters, social insurance agencies or other self-governing bodies, legal representatives, lawyers, notaries, and service providers/processors commissioned by us. Certain data processed by RADF are forwarded/transferred to an appropriate tax consulting firm/tax consultant for personnel administration purposes. Your data are transferred exclusively in line with the GDPR, especially for the fulfilment of your order (if need be as contact person or in representation of a legal person/authority/body). We furthermore inform you that situation and case related information about you are regularly accessed also from third parties (e.g. search engines, databases, websites, social networks, etc.) within the scope of our legal representation and services, whereby we make sure that the legal and especially data protection related regulations are always adhered to also in these cases.
Some of the above-mentioned recipients of your personal data are outside your country or outside the EU/EEA and process your personal data at their location. The data protection level in other countries may not correspond to the Austrian level. We undertake to ensure that the European level of data protection and the European data protection standards are maintained. We therefore only transfer your personal data into such countries recognised by the EU Commission to have an adequate level of data protection or we take measures to ensure that all recipients have an adequate level of data protection and conclude standard contractual clauses (2010/87/EC and/or 2004/915/EC) for this purpose.
6. Notification of data leaks
We endeavour to ensure that data leaks are discovered early and, if necessary, are reported immediately to you and to the responsible supervisory authority with reference to the affected data categories.
7. Storage and erasure of data
We shall not store your data any longer than required for the performance of our contractual and/or legal obligations (especially as regards the statutory safekeeping and documentation obligations) and for purposes of defence against any liability claims (especially in consideration of the statutory and/or contractual limitation periods which can amount up to 30 years in certain cases, e.g. as per the Austrian Civil Code/ABGB).
This website uses "cookies" to render our offer for you safer, more user-friendly and effective.
A "cookie" is a small text file which is sent to the cookie file of the browser via our web server and from there to the hard drive of your computer. This enables our website to recognise you as a user once a connection is established between our web server and your browser.
Cookies help us to identify the frequency of use and the number of users of our websites. The contents of the cookies we use are restricted to an identification number which does not allow a direct personal reference to the user. The main purpose of a cookie is to identify the website users.
This website uses two types of cookies:
Session cookies: These are temporary cookies which remain in the cookie file of your browser until you leave our website and are deleted automatically after your visit.
Permanent cookies: The cookies remain stored on your device for purposes of user-friendliness and enable recognising your browser upon your next visit.
You can configure your browser such that you are informed once cookies are stored, cookies are only admitted on a case-by-case basis, the storage of cookies is either generally excluded or in certain cases, and cookies are deleted automatically when closing your browser. Deactivating cookies may restrict the functionality of this website.
For the purpose of optimising this website as regards system performance, user-friendliness and provision of useful information about our services, our website provider automatically collects and stores information in so-called server log files which your browser automatically transfers to us. This includes your IP address, browser and language setting, operating system, referrer URL, your internet service provider and date/time.
These data are not consolidated with personal data. We reserve the right to check these data subsequently if concrete indications for an illegal use exist.
10. Availability of the website, disclaimer, copyright
We make every reasonable effort to ensure the availability of our website. However, downtimes can occur although greatest care is taken.
We moreover reserve the right to change or discontinue our offer at any time.
We have compiled the contents of our site to the best of our knowledge and with the greatest possible care. The use of the contents of this website takes place at the user´s own risk.
We point out that contributions identified by name solely reflect the opinion of respective author and do not necessarily represent our opinion.
Liability for the function, topicality, accuracy, completeness, or quality of the information on our websites, link references and especially the information on linked websites of third party providers (including the lawfulness of their contents) cannot be assumed.
The rights for those pages and the responsibility for their contents lie exclusively with the third party provider. We distance ourselves from any content offered if a link has been altered in such a way so as to transmit information which can no longer be associated with the promotion of our interests.
This is especially the case for contents whose distribution is prohibited by Austrian and/or foreign law and whose distribution is deemed a criminal offence. In addition, we cannot guarantee that our sites, our link references, collections of links or the linked pages themselves are free from viruses. We expressly assume no liability whatsoever for material or immaterial (property) damages, in particular also for consequential damages which were caused by the use of information made available by us, unless they were caused by negligent or grossly negligent conduct within our responsibility. This applies in particular to pure financial losses, lost profit, indirect/third party damages, consequential damages as well as not realised savings, lost interest and damages resulting from third party claims.
All links have been checked upon the creation of this website, any further checks are not reasonable and can therefore not take place.
Our website is protected by copyright. We reserve all rights for contents and design.
The complete or partial reproduction, editing, translation, distribution, transfer (electronically or by other means), modification or use, etc. of our internet offers for public and commercial purposes, especially as regards their use in databases, electronic media and systems, is subject to our prior written approval. The presentation of this website in foreign frames is subject to our consent.
We expressly welcome links to our Internet offer and would be pleased to receive corresponding information.
11. Our contact data
The protection of your personal data is especially important to us. If you have questions or would like to exercise your rights, we are available at all times under the following contact details.
Denk & Fuhrmann Rechtsanwälte OG
Phone: + 43/1/533 30 60
Fax: + 43/1/533 30 60 - 11
The use of the above-mentioned contact details or the data indicated in our legal notice for commercial advertising purposes is expressly prohibited – and we hereby expressly object –unless a prior written approval has been granted.
B. Information in accordance with Article 14 GDPR
In certain cases, your personal data is not collected directly from you, but via other sources, such as in particular the land register, commercial register, birth data query, central register of residents, GISA trade information system, execution data queries, edict file/ Ediktsdatei, electronic file inspection, websites, etc. Furthermore, your personal data may occasionally be provided to us from and in connection with our judicial and/or extrajudicial legal representation and/or consultation by third parties, such as in particular our clients, courts and other authorities, parties to a legal dispute, experts, lawyers, etc.
In the abovementioned manner, in particular the following data/categories of data are collected: name, address, email address, telephone number, date of birth, gender, social security number, photographs, etc. Depending on the type and scope of our legal consultation/representation, various other personal data may also be collected, such as information on family circumstances, assets, self-employed or dependent working activities, official permits, etc. This may also include special categories of personal data, such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural persons sex life or sexual orientation or data in connection with criminal proceedings.
Finally, regarding further information reference is made to the information provided under section A. 1 to 11 of this Privacy Statement.
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