+49 89 998479-6    |     info@zsp-ip.de

Data Privacy Statement

As of January 2020

Table of contents

  1. Name and address of the data controller
  2. Name and address of the designated data protection officer
  3. General information on data processing
  4. Rights of the data subject
  5. Provision of website and creation of log files
  6. Use of cookies
  7. Contact via Email
  8. Contact form
  9. Hosting
  10. Plugins
  11. Use of company appearances in job-oriented networks

1. Name and address of the data controller

The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) of the European Union and other national data protection laws of the Member States as well as other data protection regulations is:

Zwicker Schnappauf & Partner Patentanwälte PartG mbB

Hansastraße 32

80686 München

Deutschland

089-9984796

info@zsp-ip.de

2. Name and address of the designated data protection officer

The designated data protection officer is:

DataCo GmbH

Dachauer Str. 65

80335 Munich

Germany

+49 89 7400 45840

www.dataguard.de

3. General information on data processing

1. Scope of processing personal data

In general, we only process the personal data of our users to the extent necessary in order to provide a functioning website with our content and services. The processing of personal data regularly only takes place with the consent of the user. Exceptions include cases where prior consent technically cannot be obtained and where the processing of the data is permitted by law.

2. Legal basis for data processing

Art. 6 para. 1 s. 1 lit. a GDPR serves as the legal basis to obtain the consent of the data subject for the processing of their data.

As for the processing of personal data required for the performance of a contract of which the data subject is party, Art. 6 para. 1 s. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual activities.

When it is necessary to process personal data in order to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 s. 1 lit. c GDPR serves as the legal basis.

If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 s. 1 lit. d GDPR serves as the legal basis.

If the processing of data is necessary to safeguard the legitimate interests of our company or that of a third party, and the fundamental rights and freedoms of the data subject do not outweigh the interest of the former, Art. 6 para. 1 s. 1 lit. f GDPR will serve as the legal basis for the processing of data.

3. Data removal and storage duration

The personal data of the data subject will be erased or restricted as soon as the purpose of its storage has been accomplished. Additional storage may occur if it was provided for by the European or national legislator within the EU regulations, law, or other relevant regulations to which the data controller is subject. Restriction or erasure of the data also takes place when the storage period stipulated by the aforementioned standards expires, unless there is a need to prolong the storage of the data for the purpose of concluding or fulfilling the respective contract.

4. Rights of the data subject

When your personal data is processed, you are subsequently a data subject in the sense of the GDPR and have the following rights:

1. Right to information

You may request from the data controller to confirm whether your personal data is processed by them.

If such processing is the case, you can request the following information from the data controller:

    • The purpose for which the personal data is processed;
    • The categories of personal data being processed;
    • The recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
    • The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
    • The existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the data controller or a right to object to such processing;
    • The existence of a right of appeal to a supervisory authority;
    • All available information on the source of the data if the personal data is not collected from the data subject;
    • The existence of automated decision-making including profiling under Article 22 para. 1 and para. 4 GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

You have the right to request information on whether your personal data will be transmitted to a third country or an international organisation. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion of the data controller, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay

3. Right to the restriction of processing

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

  • If you challenge the correctness of your personal data for a period of time that enables the data controller to verify the accuracy of your personal data;
  • The processing is unlawful, and you refuse the erasure of the personal data and instead demand the restriction of the use of the personal data;
  • The representative no longer needs the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
  • If you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet certain whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data may – with the exception of data storage – only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest, interest to the Union, or a Member State.

If the processing has been restricted according to the beforementioned conditions, you will be informed by the data controller before the restriction is lifted.

4. Right to erasure

a) Obligation to erase

If you request from the data controller to delete your personal data with immediate effect, they are required to do so immediately given that one of the following applies:

    • Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
    • You revoke your consent, to which the processing is allowed pursuant to Art. 6 para. 1 s. 1 lit. a oder Art. 9 para. 2 lit. a GDPR and there is no other legal basis for processing the data
    • According to Art. 21 para. 1 GDPR you object to the processing of the data given that the processing of the data is justified by a legitimate interest, or you object pursuant to Art. 21 para. 2 GDPR.
    • Your personal data has been processed unlawfully.
    • The act of deleting your personal data will invoke a legal obligation under the Union law or the law of the Member States to which the data controller is subject.
    • Your personal data was collected in relation to information business services offered pursuant to Art. 8 para. 1 GDPR.

b) Information to third parties

If the data controller has made your personal data public and has to delete the data pursuant to Art. 17 para. 1 GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.

c) Exceptions

The right to deletion does not exist if the processing is necessary

  • to exercise the right to freedom of speech and information;
  • to fulfill a legal obligation required by the law of the Union or of the Member States to which the representative is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative;
  • for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
  • for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
  • to enforce, exercise or defend legal claims.

5. Right to information

If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You reserve the right to be informed about the recipients of your data by the data controller.

6. Right to data portability

You have the right to receive your personal data given to the data controller in a structured, standard and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, given that

  • the processing is based on a consent in accordance with Art. 6 para. 1 s. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract in accordance with Art. 6 para. 1 s. 1 lit. b GDPR and
  • the processing is done by automated means.

In exercising this right, you also have the right to maintain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

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

7. Right to object

Subjective to your situation, you have, at any time, the right to object against the processing of your personal data pursuant to Art. 6 para. 1 s. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling insofar as it is associated with direct mail.

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

Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, to exercise your right to object to automated procedures that use technical specifications.

8. Right to revoke the data protection consent declaration

You have the right to withdraw your consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

9. Automated decision on a case-by-case basis, including profiling

You have the right not to subject to a decision based solely on automated processing – including profiling – that will have legal effect or affect you in a similar manner. This does not apply if the decision

  • is required for the conclusion or execution of a contract between you and the data controller,
  • is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
  • with your expressed consent.

However, these decisions must not be based on special categories of personal data under Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or their representative, to express your opinion on the matter, and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of their residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

5. Provision of 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 relevant information from the computer system of the calling device.

The following data is collected:

  • Browser type and version used
  • The user’s operating system
  • The user’s internet service provider
  • Date and time of access
  • Web pages from which the user’s system accessed our website
  • Web pages accessed by the user’s system through our website

The data is also stored in the log files of our system. Not included are the IP addresses of the user or other data that enable the assignment of the data to a user. The data is not stored with the user’s other personal data.

  1. Purpose of data processing

The storage in logfiles is done to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our IT systems. An analysis of the data for marketing purposes does not take place.

For the aforementioned purposes, our legitimate interest lies in the processing of data in compliance with Art. 6 para. 1 s. 1 lit. f GDPR.

  1. Legal basis for data processing

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

  1. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The session is complete when the collection of data for the provision of the website is accomplished.

  1. Objection and removal

The collection of data for the provision of the website as well as the storage of data in log files are essential for the operation of the website. Therefore, the user may not object to the aforementioned processes.

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 the internet browser on the user’s computer system. If a user calls up a website, a cookie can be stored on the user’s operation system. These cookies contain a string of characters that allows the browser to be uniquely identified when the website is reopened.

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

The following data is stored and transmitted in the cookies:

  • Language settings
  • Log-in information

We also use cookies on our website, which enable us to analyse the browsing behaviour of our users.

As a result, the following data will be transmitted:

    • Frequency of page views
    • Use of website functionalities

The user data collected in this manner is pseudonymised by technical measures. It is therefore no longer possible to assign the data to the user accessing the site. The data is not stored together with other personal data of the users.

When accessing our website, the user is informed about the use of cookies for analytical purposes and his consent to the processing of the personal data used in this context is obtained. A reference to this privacy policy is also made in this context.

  1. Purpose of data processing

The purpose of using technical cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. These require that the browser is recognised even after a page change.

We need cookies for the following applications:

    • Applying language settings
    • Storage of search terms

The user data collected by technical cookies are not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and thus can constantly optimise our offer.

We use the non-technical cookies for analysis purposes.

In this case, our legitimate interests lie in the processing of personal data in accordance with Art. 6 para. 1 s. 1 lit. f GDPR.

  1. Legal basis for data processing

The legal basis for the processing of personal data using technical cookies is Art. 6 Para. 1 S. 1 lit. f GDPR.

If the user has given their consent the legal basis for the processing of personal data using cookies for analytical purposes is Art. 6 Para. 1 S. 1 lit. a GDPR.

  1. Duration of storage and possibility of objection and removal

Cookies are stored on the user’s device and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent.

If you use the Safari browser version 12.1 or higher, cookies will be automatically deleted after seven days. This also applies to opt-out cookies, which are used to prevent the use of tracking mechanisms.

7. Contact via Email

  1. Description and scope of data processing

You can contact us via the Email address provided on our website. 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.

  1. Purpose of data processing

If you contact us via Email, this also constitutes the necessary legitimate interest in the processing of the data.

  1. Legal basis for data processing

If the user has given consent, the legal basis for processing the data is Art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of data transmitted in the course of sending an Email is Art. 6 para. 1 lit. f GDPR. If the purpose of the Email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

  1. Duration of storage

The data will be deleted as soon as it is no longer necessary 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 ends when it can be concluded from the circumstances that the matter in question has been conclusively resolved.

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

  1. Objection and removal

The user has the possibility to revoke the consent to the processing of their 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.

The user can revoke his consent by sending a message to info@zsp-ip.de.

In this case, all personal data stored in the course of establishing contact will be deleted.

8. Contact form

  1. Description and scope of data processing

A Contact form is available on our website, which 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.

When sending the message the following data will also be stored:

  • Email address
  • Last name
  • First name
  • Date and time of contact

As part of the sending process, your consent will be obtained for the processing of your data and reference will be made to this privacy policy.

Alternatively, you can 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.

  1. Purpose of data processing

The processing of the personal data from the input mask serves us exclusively for the purpose of establishing contact. If you contact us by Email, this also constitutes our necessary legitimate interest in the processing of the data.

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

  1. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 s. 1 lit. a GDPR 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 S. 1 lit. f GDPR. If the purpose of the Email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b GDPR.

  1. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were 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 ends when it can be inferred from the circumstances that the facts in question have been conclusively clarified.

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

  1. Objection and removal

The user has the possibility to revoke the consent to the processing of their 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.

The user can revoke his consent by sending a message to info@zsp-ip.de.

In this case, all personal data stored in the course of establishing contact will be deleted.

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 stored information are:

  • Browser type and version
  • Used operating system
  • Referrer URL
  • Hostname of the accessing computer
  • Time and date of the server request
  • IP address of the user’s device

This data will not be merged with other data sources. The data is collected on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website – for this the server log files must be recorded.

The server of the website is geographically located in Germany.

10. Usage of Plugins

improved display of various information. If the browser does not support Google Web Fonts or does not allow access, the text will be displayed in a default font. When the page is accessed, no cookies are stored for the online presence visitor. Data transmitted in connection with the page view is sent to resource-specific domains such as https://fonts.googleapis.com or https://fonts.gstatic.com. It may be used to store and analyse personal data, in particular user activity (in particular which pages have been visited and which elements have been clicked on) and device and browser information (in particular IP address and operating system).
This may involve the transfer of data to Google’s servers in the United States. Google has signed and certified a privacy shield agreement with the European Union and the United States. By doing so, Google is committed to complying with the standards and regulations of European data protection law. For more information, please refer to the following linked entry:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
The data will not be associated with any data that may be collected or used in connection with the parallel use of authenticated Google services such as Gmail.
For more information about the collection and storage of data by Google, please visit:
https://policies.google.com/privacy?gl=EN&hl=en

  1. Purpose of data processingThe use of Google Webfonts serves an appealing representation of our texts. If your browser does not support this feature, a standard font will be used by your computer to display it.
  2. Legal basis for the processing of personal dataThe legal basis for the processing of personal data is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the purposes of data processing mentioned under 2.
  3. Duration of storageYour personal information will be stored for as long as is necessary to fulfill the purposes described in this Privacy Policy or as required by law, e.g. for tax and accounting purposes.
  4. Possibility of objection and removalYou can prevent the collection and processing of your personal data by Google by preventing the storage of cookies from third parties 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 using a script blocker such as a browser browser browser.B. Install NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.
    With the following link you can deactivate the use of your personal data by Google:
    https://adssettings.google.de
    Further information on objection and removal options against Google can be found at:https://policies.google.com/privacy?gl
    =EN&hl=en

11. Use of company appearances in job-oriented networks

  1. Scope of data processing

We use the possibility of company appearances on professionally 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 possibility of communication.

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 company presentation. Further information can be found in the data privacy statement 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, contributions, likes, etc.) it is possible that you make personal data (e.g., your real name or photo of your user profile) public.

  1. 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 sentence 1 lit. f DSGVO.

  1. 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.

  1. Duration of storage

We store your activities and personal data published via our company website until you revoke your consent. Beyond that, we observe the legal retention periods.

  1. Possibility of objection and removal

You can object to the processing of your personal data, which we collect in the course of your use of our corporate website, at any time and assert your rights as a data subject as set out under IV. of this data privacy statement. To do so, please send us an informal e-mail to the e-mail address stated in this data privacy statement.

In addition, LinkedIn has subjected itself to the Privacy-Shield-Agreement between the European Union and the USA and is certified. As a result, LinkedIn is committed to complying with the standards and regulations of European data protection law. Further information can be found in the following linked entry:

https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active

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

LinkedIn:

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

This privacy policy has been created with the assistance of DataGuard.