Data Protection Statement

 

  1. Name and contact details of the controller

This data protection statement provides information about the processing of personal data on the website of:

Controller:  Diercks & Hennings Fleischhandelsgesel. mbH, Marie-Curie-Strasse 16, 51377 Leverkusen, Tel.: +49 (0) 214/96 00 92 – 21 Fax: +49 (0) 214/96 00 92 – 10

Contact details of the data protection officer: see address

The company’s data protection officer can be contacted at the address above and at datenschutz@diercks-hennings.de

  1. Scope and purpose of the processing of personal data

2.1 Accessing the website

When accessing this website www.diercks-hennings.de, data is automatically sent to this website’s server by the internet browser used by the visitor and stored for a time-limited period in a log file. Until it is automatically deleted, the following data is stored without any further input by the visitor:

  • IP address of the visitor’s end device;
  • date and time of access by the visitor;
  • name and URL of the page accessed by the visitor;
  • website from which the visitor reached the law firm’s website (so-called referrer URL);
  • browser and operating system of the visitor’s end device, as well as the name of the access provider used by the visitor.

The processing of this personal data is justified pursuant to Art. 6(1)(f) GDPR. We have a legitimate interest in data processing for the purpose of:

  • quickly establishing the connection to the company’s website;
  • facilitating a user-friendly usage of the website;
  • identifying and ensuring the security and stability of the systems;
  • facilitating and improving the administration of the website; and
  • identifying and taking measures against hacking and malicious access attempts.

Processing is expressly not undertaken for the purpose of acquiring knowledge about the person visiting the website.

  1. Disclosure of data

Personal data is disclosed to third parties if:

  • the data subject has expressly consented to this pursuant to Art. 6(1)(a) GDPR;
  • disclosure is necessary pursuant to Art. 6(1)(f) GDPR for the purposes of enforcing, exercising or defending legal claims and there is no reason to assume that the data subject has an overriding interest requiring protecting in the non-disclosure of their data;
  • a legal obligation exists to disclose the data pursuant to Art. 6(1)(c) GDPR; and/or
  • this is necessary pursuant to Art. 6(1)(b) GDPR for the performance of a contract with the data subject.

In other cases, personal data will not be disclosed to third parties.

  1. Cookies

The website uses cookies. These are data packets that are exchanged between the company website’s server and the visitor’s browser. These are stored by the devices used (PC, notebook, tablet, smartphone, etc.) when visiting the website. In this respect, cookies cannot cause any harm to the devices used. In particular, they do not contain viruses or other malware. Information is stored in the cookies that results from the specific end device used. Under no circumstances can we directly obtain knowledge about the identity of the visitor to the website.

Cookies are mostly accepted in accordance with the browser’s default settings. The browser settings can be modified so that either cookies are not accepted on the devices used or a special notice is displayed before a new cookie is created. It should be noted that deactivating cookies may result you being unable to best use all the functions of the website.

The use of cookies assists in making the use of our company’s web offering more convenient. For example, by using session cookies we can understand whether the visitor has already visited specific pages of the website. After leaving the website, these session cookies are automatically deleted.

Temporary cookies are used to improve user-friendliness. They are stored for a limited period of time on the visitor’s device. When re-visiting the website it is automatically recognised that the visitor has already previously accessed the page. The inputs and settings that were made are recognised so that these do not need to be repeated.

Furthermore, cookies are used to analyse hits to the website for statistical purposes and for the purpose of improving the offering. When visiting the website again, these cookies enable automatic recognition of the fact that the visitor has previously accessed the website. After a specified period of time, the cookies are automatically deleted.

The data processed by cookies is justified for the above-mentioned purposes for safeguarding the legitimate interests of the company pursuant to Art. 6(1)(f) GDPR.

 

 

 

  1. Your rights as a data subject

You can exercise the following rights at any time using the contact details provided:

  • Information about your data stored by us and the processing of that data (Art. 15 GDPR);
  • Rectification of incorrect personal data (Art. 16 GDPR);
  • Erasure of your data stored by us (Art. 17 GDPR);
  • Restriction of data processing, provided that we are not yet permitted to delete your data as a result of statutory obligations (Art. 18 GDPR);
  • Objection to the processing of your data with us (Art. 21 GDPR);
  • Data portability, provided that you have consented to data processing or entered into a contract with us (Art. 20 GDPR).

 

To the extent that your personal data is processed when visiting our website, you have the following rights as a “data subject” for the purposes of the GDPR:

5.1 Information

You can request information from us about whether your personal data is processed by us. The right to information is excluded if the data is only stored because it may not be deleted due to legislative or statutory retention periods, or because it only serves the purposes of data back-up or data protection monitoring, to the extent that the provision of information would involve disproportionate effort and processing for other purposes is excluded through appropriate technical and organisational measures. If the right to information is not excluded in your case and your personal data is processed by us, you can request details from us about the following information:

  • Purposes of processing;
  • Categories of the data processed relating to you;
  • Recipients or categories of recipients to which your personal data has been disclosed, in particular where the recipient is located in a third country;
  • If possible, the planned duration for which your personal data will be stored or, if this is not possible, the criteria for determining the storage period;
  • The existence of a right to rectification, erasure or a restriction of processing of the personal data relating to you, or a right to object to this processing;
  • The existence of a right to complain to a data protection supervisory authority;
  • If the personal data has not been acquired from you as the data subject, available information about the origin of the data;
  • Where applicable, the existence of automated individual decision-making, including profiling, and meaningful information about the logic involved, as well as the scope and desired effects of automated individual decision-making;
  • Where applicable, in the case of disclosure to recipients in third countries, where there is no adequacy decision of the EU Commission regarding the level of protection pursuant to Art. 45(3) GDPR, information about which appropriate safeguards are envisaged pursuant to Art. 46(2) GDPR to protect the personal data.

5.2 Rectification and completion

If you discover that we hold incorrect personal data about you, you can request us to rectify this incorrect data without delay. In the case of incomplete personal data about you, you can request that this data be completed.

5.3 Erasure

You have a right to erasure (“right to be forgotten”), provided that the processing is not necessary for exercising the right of freedom of expression, the right to information, or to comply with a legal obligation, or to perform a task that is in the public interest and one of the following grounds applies:

  • the personal data is no longer necessary in relation to the purposes for which they were processed.
  • the reason for processing was solely your consent, which you have revoked.
  • you have objected to the processing of your personal data that we have made public.
  • you have objected to the processing of your personal data that we have not made public and there are no overriding legitimate grounds for the processing.
  • your personal data has been unlawfully processed.
  • the personal data has to be erased for compliance with a legal obligation to which we are subject.

There is no entitlement to erasure if, in the case of lawful and non-automated data processing, erasure is not possible due to the particular nature of storage – or is only possible with disproportionate effort – and your interest in the erasure is low. In this case, instead of erasure processing will be restricted.

5.4 Restriction of processing

You can request us to restrict processing if one of the following grounds applies:

  • You are contesting the accuracy of the personal data. In this case, the restriction can be requested for a period that enables us to verify the accuracy of the personal data.
  • The processing is unlawful and, instead of erasure, you request the restriction of the use of your personal data.
  • We no longer need your personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims.
  • You have raised an objection pursuant to Art. 21(1) GDPR. The restriction of processing can be requested for the time during which it has not yet been ascertained whether our legitimate grounds override your grounds.

 

Restriction of processing means that the personal data will only be processed with your consent or to establish, exercise or defend legal claims, or to protect the rights of another natural or legal person for reasons of important public interest. Before we lift the restriction, we are obliged to inform you of this.

5.5 Data portability

You have a right to data portability, provided that the processing is based on your consent (Art. 6(1)(a) or Art. 9(2)(a) GDPR) or a contract to which you are a party and the processing is carried out by automated means. In this situation, the right to data portability comprises the following rights, provided that these do not adversely affect the rights and freedoms of others: you can request us to provide you with the personal data you have provided to us in a structured, commonly used and machine-readable format. You have the right to transmit this data to another controller without hindrance from us. To the extent it is technically feasible, you can request us to transmit your personal data directly to another controller.

5.6 Objection

Provided that the processing is based on Art. 6(1)(e) GDPR (performance of a task carried out in the public interest or in the exercise of official authority vested in the controller) or on Art. 6(1)(f) GDPR (legitimate interest of the controller or a third party), you have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you. This also includes profiling based on Art. 6(1)(e) or (f) GDPR. After exercising the right to object, we shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or where the processing is for the establishment, exercise or defence of legal claims.

You can object to the processing of personal data concerning you for the purpose of direct marketing at any time. This also applies to profiling in connection with such direct marketing. After exercising this right to object, we will no longer use the relevant personal data for direct marketing purposes.

You can notify us of your objection informally in writing, by e-mail or to our company’s postal address stated at the start of this data protection statement.

5.7 Revocation of consent

You have the right to revoke your consent at any time with future effect. The revocation of consent can be notified informally in writing, by e-mail or to our postal address. The revocation does not affect the lawfulness of the data processing that has been carried out based on the consent until the revocation is received. After receiving the revocation, data processing based solely on your consent will cease.

5.8 Complaints

If you believe the processing of personal data concerning you is unlawful, you can file a complaint with a data protection supervisory authority responsible for your place of residence or workplace, or for the location of the suspected breach.

  1. Status and updating of this data protection statement

This data protection statement was revised in November 2018. We reserve the right to update the data protection statement in due course in order to improve data protection and/or to adapt it to amended authority practices or case law.