Privacy policy

and Januar 2020

1. name and address of the responsible person

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

Zwicker Schnappauf & Partner Patent­an­wälte PartG mbB
Hansa­straße 32
80686 München
Deutschland
089–9984796
info@zsp-ip.de

2. contact details of the data protection officer

Der Daten­schutz­be­auf­tragte des Verant­wort­lichen ist:
DataCo GmbH
Nymphen­burger Straße 86
80636 München
Deutschland
+49 89 7400 45840
www.dataguard.de

3. general information on data processing

1. scope of the processing of personal data

We process personal data of our users only insofar as this is necessary for the provision of a functional website and our content and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where 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 performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfillment 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 if 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 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 controller is subject. Blocking or deletion of data also takes place when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance 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 concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;
   5. the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing 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 about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

2. right to rectification

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

3. right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

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 object to the erasure of the personal data and request instead 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 them for the assertion, exercise or defense of legal claims, or
   4. if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or 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 delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue 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 (1) p. 1 lit. a or Art. 9 (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 measures, 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 such personal data.

c) Exceptions

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

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, insofar as 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 defense 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 notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the data 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 transfer this data to another controller without hindrance from the controller to whom the personal data was 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 help 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. The freedoms and rights of other persons must not be affected by this.

The right to data portability does 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 defense 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 fulfillment of a contract between you and the responsible party,
   2. is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
   3. is done with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 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. above, the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, 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, workplace 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 the log files

1. description and scope of data processing

Each time you visit our website, our system automatically collects data and information from the computer system of the calling 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. Web pages that are called up 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. A storage of this data together with other personal data of the user does not take place.

2. purpose of data processing

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize 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 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 elimination

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

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 accesses 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 behavior.

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 pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. 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 consent to the processing of personal data used in this context is obtained. In this context, a reference to this privacy policy is also made.

2. purpose of 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 recognized even after a page change.

We require 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 are also our legitimate interest in processing the personal data according to Art. 6 para. 1 p. 1 lit. f DSGVO.

3. legal basis for 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 (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 disable 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 functions of the website in full.

If you use a Safari browser version 12.1 or higher, 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 personal data of the user transmitted with the email will be stored.

The data will be used exclusively for the processing of the conversation.

2. purpose of data processing

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

3. legal basis for 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 (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 elimination

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 can object to the storage of his 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 makes use of this option, the data entered in the input mask will be transmitted to us and stored.

At the time of sending the message, the following data will be stored:

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 personal data of the user transmitted with the email will be stored.

The data will be used exclusively for the processing of the conversation.

2. purpose of data processing

The processing of 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 are used to prevent misuse of the contact form and to ensure the security of our information technology systems.

3. legal basis for 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 it is clear 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 elimination

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 can object to the storage of his 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 contracted 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 optimization 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:

Einsatz von Google Webfonts

1. Umfang der Verar­beitung perso­nen­be­zo­gener Daten

Wir nutzen Google Webfonts der Google LLC, 1600 Amphi­theatre Parkway, Mountain View, CA 94043, USA und dem Vertreter in der Union Google Ireland Ltd., Gordon House, Barrow Street, D04 E5W5, Dublin, Irland (nachfolgend: Google genannt). Die Webfonts werden dabei beim Aufruf der Seite in den Cache des Browsers übertragen, um sie für die optisch verbes­serten Darstellung verschie­dener Infor­ma­tionen nutzen zu können. Falls der Browser die Google Webfonts nicht unter­stützt oder den Zugriff unter­bindet, wird der Text in einer Standard­schrift angezeigt. Beim Aufruf der Seite werden beim Besucher keine Cookies gespei­chert. Daten, die im Zusam­menhang mit dem Seiten­aufruf übermittelt werden, werden auf ressour­cen­spe­zi­fische Domains wie https://fonts.googleapis.com oder https://fonts.gstatic.com gesendet. Es können dadurch perso­nen­be­zogene Daten gespei­chert und ausge­wertet werden, vor allem die Aktivität des Nutzers (Insbe­sondere welche Seiten besucht worden sind und auf welche Elemente geklickt worden ist) und Geräte- und Browser­in­for­ma­tionen (Insbe­sondere die IP-Adresse und das Betriebs­system).
Dabei können Daten auf Server von Google in den USA übertragen werden. Google hat sich dem zwischen der Europäi­schen Union und den USA geschlos­senen Privacy-Shield-Abkommen unter­worfen und sich zerti­fi­ziert. Dadurch verpflichtet sich Google, die Standards und Vorschriften des europäi­schen Daten­schutz­rechts einzu­halten. Nähere Infor­ma­tionen können Sie dem nachfolgend verlinkten Eintrag entnehmen:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Die Daten werden nicht mit Daten in Verbindung gebracht, die ggf. im Zusam­menhang mit der paral­lelen Nutzung von authen­ti­fi­zierten Google-Diensten wie Gmail erhoben oder genutzt werden.
Weitere Infor­ma­tionen zur Verar­beitung der Daten durch Google erhalten Sie hier:
https://policies.google.com/privacy?gl=DE&hl=de

2. Purpose of data processingThe use of Google Web Fonts serves 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 stated under 2.
4. Duration of storageYour personal information will be stored for as long as necessary to fulfill the purposes described in this Privacy Policy or as required by law, e.g. for tax and accounting purposes.
5. Wider­spruchs- und Besei­ti­gungs­mög­lich­keitSie können die Erfassung sowie die Verar­beitung Ihrer perso­nen­be­zo­genen Daten durch Google verhindern, indem Sie die Speicherung von Cookies von Dritt­an­bietern auf Ihrem Computer unter­binden, die „Do Not Track“-Funktion eines unter­stüt­zenden Browsers nutzen, die Ausführung von Script-Code in Ihrem Browser deakti­vieren oder einen Script-Blocker wie z.B. NoScript (https://noscript.net/) oder Ghostery (https://www.ghostery.com) in Ihrem Browser instal­lieren.
   Mit dem nachfol­genden Link können Sie die Nutzung Ihrer perso­nen­be­zo­genen Daten durch Google deakti­vieren:
   https://adssettings.google.de
   Weitere Infor­ma­tionen zu Wider­spruchs- und Besei­ti­gungs­mög­lich­keiten gegenüber Google finden Sie unter:
   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 appearances on profession-oriented networks. We maintain a company presence on the following job-oriented 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 job 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. For more information, please refer to 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.), it is possible that you 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 corporate presence is Art.6 Abs.1 S.1 lit.f DSGVO.

3. Purpose of 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

For more information on appeal and removal options, click here:

LinkedIn:

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

This privacy policy was created with the support of DataGuard .