Privacy policy

Status January 2020

1. name and address of the person responsible

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection provisions is the:

Zwicker Schnappauf & Partner Patent Attorneys PartG mbB
Hansa Street 32
80686 Munich
Germany
089-9984796
info@zsp-ip.de

2. contact details of the data protection officer

The data protection officer of the data controller is:
DataCo GmbH
Dachauer Street 65
80335 Munich
Germany
+49 89 7400 45840
www.dataguard.de

3 General information on data processing

1. scope of the processing of personal data

As a matter of principle, we only process personal data of our users insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out after the consent of the user. An exception applies in those cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is required by legal regulations.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) sentence 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Article 6 (1) sentence 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) sentence 1 lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Article 6 (1) sentence 1 lit. d DSGVO serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Article 6 (1) sentence 1 lit. f DSGVO serves as the legal basis for the processing.

3. data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

4. rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. right to information

You may request confirmation from the controller as to whether personal data concerning you are being processed by him.

If there is such processing, you can request information from the controller about the following:

1. 1. the purposes for which the personal data are processed;
   2. the categories of personal data which are processed;
   3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
   4. the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage duration;
   5. the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted by the controller or a right to object to such processing;
   6. the existence of a right of appeal to a supervisory authority;
   7. any available information on the origin of the data if the personal data are not collected from the data subject;
   8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.

2. right of rectification

You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

3. right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

1. 1. if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
   2. the processing is unlawful and you refuse to erase the personal data and instead request the restriction of the use of the personal data;
   3. the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims, or
   4. if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data relating to you has been restricted, those data may be processed, with the exception of their storage, only with your consent or 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 substantial public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right to erasure

a) Obligation to delete

You may request the controller to erase the personal data concerning you without delay and the controller is obliged to erase this data without delay if one of the following reasons applies:

1. 1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
   2. You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 sentence 1 lit. a or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing.
   3. You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
   4. The personal data concerning you has been processed unlawfully.
   5. The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
   6. The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8(1) DSGVO.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to, or copies or replications of, that personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary

1. 1. to exercise the right to freedom of expression and information;
   2. for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
   3. for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) DSGVO;
   4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
   5. for the assertion, exercise or defence of legal claims.

5. right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the controller.

6. right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that

1. 1. the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b DSGVO and
   2. the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) sentence 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

8. right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

1. 1. is necessary for the conclusion or performance of a contract between you and the responsible person,
   2. is authorised by legislation of the Union or the Member States to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or
   3. is done with your express consent.

However, these decisions must not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (b) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in 1 and 3, the controller shall take reasonable steps to safeguard the rights and freedoms of, and your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

10. right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

5. provision of the website and creation of log files

1. description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

1. 1. Information about the browser type and version used
   2. The operating system of the user
   3. The user's internet service provider
   4. Date and time of access
   5. Websites from which the user's system accesses our website
   6. Websites that are accessed by the user's system via our website

This data is stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.

2. purpose of the data processing

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 p. 1 lit. f DSGVO.

3. legal basis for the data processing

The legal basis for the temporary storage of the data is Art. 6 para. 1 p. 1 lit. f DSGVO.

4. duration of the storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

5. possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

6. use of cookies

1. description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

1. 1. Language settings
   2. Log-in information

We also use cookies on our website that enable an analysis of the user's surfing behaviour.

The following data can be transmitted in this way:

1. 1. Frequency of page views
   2. Use of website functions

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his or her consent to the processing of personal data used in this context is obtained. In this context, a reference to this data protection declaration is also made.

2. purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

We need cookies for the following applications:

1. 1. Adoption of language settings
   2. Website login

The user data collected through technically necessary cookies are not used to create user profiles.

Analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimise our offer.

Analysis purposes

These purposes also constitute our legitimate interest in processing the personal data in accordance with Art. 6 (1) sentence 1 lit. f DSGVO.

3. legal basis for the data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 p. 1 lit. f DSGVO.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 p. 1 lit. a DSGVO if the user has consented to this.

4. duration of storage, possibility of objection and elimination

Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

If you use a Safari browser from version 12.1, cookies are automatically deleted after seven days. This also applies to opt-out cookies, which are set to prevent tracking measures.

7. e-mail contact

1. description and scope of data processing

On our website, it is possible to contact us via the email address provided. In this case, the user's personal data transmitted with the email will be stored.

The data is used exclusively for processing the conversation.

2. purpose of the data processing

In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.

3. legal basis for the data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f DSGVO. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

4. duration of the storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.

by e-mail

All personal data stored in the course of contacting us will be deleted in this case.

8. contact form

1. description and scope of data processing

Our website contains a contact form that can be used for electronic contact. If a user uses this option, the data entered in the input mask is transmitted to us and stored.

The following data is stored at the time the message is sent:

1. 1. Email address
   2. Name
   3. First name
   4. Date and time of contact

For the processing of the data, your consent is obtained during the submission process and reference is made to this privacy policy.

Alternatively, it is possible to contact us via the email address provided. In this case, the user's personal data transmitted with the email will be stored.

The data is used exclusively for processing the conversation.

2. purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the submission process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

3. legal basis for the data processing

The legal basis for the processing of the data is Art. 6 para. 1 p. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 p. 1 lit. f DSGVO. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b DSGVO.

4. duration of the storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.

by e-mail

All personal data stored in the course of contacting us will be deleted in this case.

9. hosting

The website is hosted on servers of a service provider commissioned by us.

Our service provider is:

domainfactory GmbH, Oskar-Messter-Str. 33, 85737 Ismaning, Germany

The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website. The information stored is:

1. 1. Browser type and version
   2. Operating system used
   3. Referrer URL
   4. Host name of the accessing computer
   5. Date and time of the server request
   6. IP address

This data is not merged with other data sources. The collection of this data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website - for this purpose, the server log files must be collected.

The location of the website's server is geographically in Germany.

10. plugins used

We use plugins for various purposes. The plugins used are listed below:

Use of Google Web Fonts

1. scope of the processing of personal data

We use Google web fonts of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA and the representative in the Union Google Ireland Ltd, Gordon House, Barrow Street, D04 E5W5, Dublin, Ireland (hereinafter: Google). In the process, the web fonts are transferred to the browser's cache when the page is called up in order to be able to use them for the visually improved display of various information. If the browser does not support Google web fonts or prevents access, the text is displayed in a standard font. No cookies are stored on the visitor's computer when the page is accessed. Data transmitted in connection with the page call are sent to resource-specific domains such as https://fonts.googleapis.com or https://fonts.gstatic.com. As a result, personal data can be stored and evaluated, especially the user's activity (in particular, which pages have been visited and which elements have been clicked on) and device and browser information (in particular, the IP address and the operating system).
In the process, data may be transferred to Google servers in the USA. Google has submitted to the Privacy Shield Agreement concluded between the European Union and the USA and has certified itself. Google thereby undertakes to comply with the standards and regulations of European data protection law. You can find more information in the entry linked below:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
The data is not associated with data that may be collected or used in connection with the parallel use of authenticated Google services such as Gmail.
For more information on the processing of data by Google, please click here:
https://policies.google.com/privacy?gl=DE&hl=de

2. Purpose of data processingThe use of Google Web Fonts serves to provide an appealing presentation of our texts. If your browser does not support this function, a standard font is used by your computer for display.
3. Legal basis for the processing of personal dataThe legal basis for data processing is Art. 6 para. 1 lit. f DSGVO. Our legitimate interest here lies in the purposes of data processing mentioned under 2.
4. Duration of storageYour personal information will be stored for as long as is necessary to fulfil the purposes described in this privacy policy or as required by law, e.g. for tax and accounting purposes.
5. You can prevent the collection and processing of your personal data by Google by preventing third-party cookies from being stored on your computer, by using the "Do Not Track" function of a supporting browser, by deactivating the execution of script code in your browser or by installing a script blocker such as NoScript(https://noscript.net/) or Ghostery(https://www.ghostery.com) in your browser.
   You can use the following link to disable Google's use of your personal data:
   https://adssettings.google.de
   For more information on objection and removal options vis-à-vis Google, please visit:
   https://policies.google.com/privacy?gl=DE&hl=de

11. use of company presences in job-oriented networks

1. Scope of data processing

We use the possibility of company presences on professional networks. We maintain a company presence on the following professional networks:

LinkedIn:

LinkedIn, Unlimited Company Wilton Place, Dublin 2, Irleand

On our site, we provide information and offer users the opportunity to communicate.

The company website is used for applications, information/PR and active sourcing.

We do not have any information on the processing of your personal data by the companies jointly responsible for the corporate presence. You can find more information on this in the privacy policy of:

LinkedIn:

https://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv

If you carry out an action on our company website (e.g. comments, posts, likes, etc.), you may make personal data (e.g. clear name or photo of your user profile) public.

2. Legal basis for data processing

The legal basis for the processing of your data in connection with the use of our company website is Art.6 para.1 p.1 lit.f DSGVO.

3. Purpose of the data processing

Our company website serves to inform users about our services. In doing so, every user is free to publish personal data through activities.

4. Duration of storage

We store your activities and personal data published via our corporate website until you revoke your consent. In addition, we comply with the statutory retention periods.

5. Possibility of objection and removal

You can object at any time to the processing of your personal data that we collect in the course of your use of our company website and assert your data subject rights as stated under IV. of this data protection declaration. To do so, send us an informal email to the email address stated in this data protection declaration.

In addition, LinkedIn has submitted to the Privacy Shield agreement concluded between the European Union and the USA and has certified itself. This means that LinkedIn undertakes to comply with the standards and regulations of European data protection law. You can find more information in the following linked entry: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active

You can find more information on objection and removal options here:

LinkedIn:

https://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv

This privacy policy was created with the support of DataGuard .