DATA PROTECTION

Client Information on Data Processing

Dear Clients,

We hereby inform you about the processing of your personal data by our law firm and about your rights.

1. Name and contact details of the controller and of the company data protection officer

This privacy notice applies to data processing by

NIETZER® . Rechtsanwälte . Attorneys at Law (USA)
Im Zukunftspark 10
74076 Heilbronn

Phone: +49 7131 20391-0
Fax: +49 7131 20391-20
Email: info@unternehmensrecht.com

as the controller (hereinafter "NIETZER® . Rechtsanwälte").

The company data protection officer of NIETZER® . Rechtsanwälte can be contacted at the above

address or at datenschutzbeauftragter@unternehmensrecht.com.

2. Collection and storage of personal data and nature and purpose of their use

When you instruct us, we collect the following information:

title, first name, last name,
a valid email address,
address,
telephone number (landline and/or mobile),
information necessary for asserting and defending your rights within the scope of the mandate.

These data are collected

in order to identify you as our client;
in order to provide you with appropriate legal advice and representation;
for correspondence with you;
for invoicing;
for the handling of any liability claims and the assertion of any claims against you.

The data processing takes place at your request and, pursuant to Art. 6(1)(1)(b) GDPR, is necessary for the stated purposes of the proper handling of the mandate and the mutual performance of obligations under the engagement agreement.

The personal data collected by us for the mandate are stored until the expiry of the statutory retention period for lawyers (6 years after the end of the calendar year in which the mandate was terminated) and deleted thereafter, unless we are obliged, pursuant to Art. 6(1)(1)(c) GDPR, to store them for longer due to retention and documentation obligations under tax and commercial law (under the HGB, StGB or AO), or you have consented to storage beyond that period pursuant to Art. 6(1)(1)(a) GDPR.

3. Disclosure of data to third parties

Your personal data will not be transferred to third parties for purposes other than those listed below.

Where this is necessary pursuant to Art. 6(1)(1)(b) GDPR for the handling of the client relationship with you, your personal data will be disclosed to third parties. This includes, in particular, disclosure to opposing parties and their representatives (in particular their lawyers) as well as to courts and other public authorities for the purpose of correspondence and of asserting and defending your rights. The data disclosed may be used by the third party exclusively for the stated purposes.

Attorney-client confidentiality remains unaffected. Data subject to attorney-client confidentiality will only be disclosed to third parties in consultation with you.

4. Rights of data subjects

You have the right:

pursuant to Art. 7(3) GDPR, to withdraw your consent at any time vis-à-vis us. As a consequence, we may no longer continue the data processing based on this consent in the future;
pursuant to Art. 15 GDPR, to request information about your personal data processed by us. In particular, you may request information about the purposes of processing, the categories of personal data, the categories of recipients to whom your data have been or will be disclosed, the envisaged storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the source of your data if they were not collected by us, and the existence of automated decision-making including profiling and, where applicable, meaningful information about its details;
pursuant to Art. 16 GDPR, to request without undue delay the rectification of inaccurate or the completion of your personal data stored by us;
pursuant to Art. 17 GDPR, to request the erasure of your personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
pursuant to Art. 18 GDPR, to request the restriction of processing of your personal data where you contest the accuracy of the data, the processing is unlawful but you oppose its erasure, we no longer need the data but you require them for the establishment, exercise or defence of legal claims, or you have objected to the processing pursuant to Art. 21 GDPR;
pursuant to Art. 20 GDPR, to receive the personal data you have provided to us in a structured, commonly used and machine-readable format or to request their transmission to another controller; and
pursuant to Art. 77 GDPR, to lodge a complaint with a supervisory authority. As a rule, you may contact the supervisory authority of your habitual residence or place of work or of our law firm's registered office for this purpose.

5. Right to object

Where your personal data are processed on the basis of legitimate interests pursuant to Art. 6(1)(1)(f) GDPR, you have the right, pursuant to Art. 21 GDPR, to object to the processing of your personal data on grounds relating to your particular situation.

If you wish to exercise your right to object, an email to the following address is sufficient:

info@unternehmensrecht.com

6. Data processing when visiting this website

6.1 Hosting by Wix

This website is operated and hosted by Wix.com Ltd., 5 Yunitsman St., Tel Aviv, Israel (“Wix”). When you visit the website, Wix automatically processes the data transmitted by your browser on our behalf, in particular your IP address, the date and time of access, the page accessed, the referrer URL, the browser type and version, and the operating system. This processing is necessary to deliver the website, to ensure its stability and security, and to prevent misuse. The legal basis is Art. 6(1)(f) GDPR; our legitimate interest lies in the secure and reliable provision of our website.

We have concluded a data processing agreement with Wix pursuant to Art. 28 GDPR. Israel is recognised by a decision of the European Commission as providing an adequate level of data protection (Art. 45 GDPR). Wix also uses data centres in the European Union and in the United States; for transfers to third countries, Wix relies on the EU Standard Contractual Clauses (Art. 46(2)(c) GDPR). Further information is available in the Wix privacy policy at https://www.wix.com/about/privacy.

6.2 Cookies and similar technologies

This website uses cookies and similar technologies (e.g. local storage). Technologies that are strictly necessary to provide the website you have expressly requested – for example to maintain the session, for security purposes (XSRF protection) and to store your consent choices – are used on the basis of Section 25(2) No. 2 of the German Telecommunications Digital Services Data Protection Act (TDDDG) and Art. 6(1)(f) GDPR. All other technologies are used only with your consent pursuant to Section 25(1) TDDDG and Art. 6(1)(a) GDPR. You may withdraw your consent at any time with effect for the future.

6.3 Contact form

If you send us an enquiry via the contact form, we process the data you provide (name, email address, subject and message) in order to handle your enquiry and for any follow-up questions. The legal basis is Art. 6(1)(b) GDPR where your enquiry relates to the performance of a contract or to pre-contractual measures, and otherwise Art. 6(1)(f) GDPR; our legitimate interest lies in responding to enquiries addressed to us. The data are processed via the systems of Wix (see section 6.1) and deleted once your enquiry has been dealt with, unless statutory retention obligations or professional confidentiality rules require longer storage.

6.4 Google Maps

On our directions page we use the map service Google Maps, provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). When the map is loaded, data – in particular your IP address – are transmitted to Google and may also be transferred to Google LLC in the United States. Google LLC is certified under the EU-U.S. Data Privacy Framework, for which the European Commission adopted an adequacy decision on 10 July 2023 (Art. 45 GDPR).

Google Maps is used only on the basis of your consent pursuant to Section 25(1) TDDDG and Art. 6(1)(a) GDPR. You may withdraw your consent at any time with effect for the future. Further information is available in Google’s privacy policy at https://policies.google.com/privacy.

6.5 Consent management (Usercentrics)

To obtain and manage your consent to the use of cookies and similar technologies (sections 6.2 and 6.4), we use the consent management platform “Usercentrics for Wix” provided by Usercentrics GmbH, Sendlinger Str. 7, 80331 Munich, Germany. When you visit our website, the following data are processed: your consent or refusal (consent status), a consent ID, the date and time of your choice, the banner version as well as browser and device information. Your choice is stored in your browser so that the banner is not displayed again on every visit. The legal basis is Art. 6(1)(c) GDPR in conjunction with Art. 7(1) GDPR (obligation to be able to demonstrate consent); the storage of the choice in your browser is strictly necessary within the meaning of Section 25(2) No. 2 TDDDG. You can change or withdraw your choice at any time with effect for the future via the privacy icon at the bottom left of every page. Further information is available in the Usercentrics privacy policy at https://usercentrics.com/privacy-policy/.

NIETZER® . Rechtsanwälte