We, the, law firm Die Patenterie GbR, thank you for your visit on our homepage. As a patent and law firm, the save handling of your data is especially important for us. Therefor we want to inform you about the use of your data while visiting our website.
We make use of, inter alia, the following terms:
- Personal data: personal data means any information relating to an identified or identifiable natural person (in the following: “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Data subject: data subject is any identified or identifiable natural person, whose personal data are processed by the controller.
- Processing: processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing: restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling: profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- Pseudonymisation: pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- Controller: controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- Processor: processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- Recipient: recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
- Third party: third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- Consent: consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Recording of Data
The homepage of the law firm Die Patenterie GbR records with each visit of the homepage by a data subject or an automated system a set of general data and information. This general data and information will be contained in the server log files. Contained can be the
- type and versions of the used browser,
- operating system used by the accessing system,
- website from which an accessing system reaches our homepage (so-called referrer),
- sub-websites which are triggered on our homepage by an accessing system,
- date and the time of an access to our homepage,
- Internet Protocol address (IP-address),
- internet service provider of the accessing system and
- other data and information of similar nature that serve the hazard response in the case of attacks on our information technology systems.
While using this general data and information the law firm Die Patenterie GbR does not draw any conclusions concerning the data subject. The information is rather needed to
- produce the content on our homepage correctly,
- optimize the content on our website as well as the advertisement,
- ensure the lasting functionality of our information technology systems and the technic of our homepage as well as
- to provide necessary information for criminal proceedings to the law-enforcement authorities in case of cyberattacks.
The anonymously collected data and information are on the one hand side evaluated statistically by the law firm Die Patenterie GbR and on the other hand side to strengthen the data protection and data security in our company in order to ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data entered by a data subject.
3. Statutory or contractual regulations concerning the provision of personal data; Necessities for the conclusion of a contract; Obligation of the data subject to provide personal data and possible consequences of the non-providing of data
We inform you, that the provision of personal data is partly prescribed by law (e.g. tax regulations) or can arise from contractual arrangements (e.g. information on the contracting partner). It can be necessary for the conclusion of a contract that a data subject provides us personal data which are subsequently processed by us. The data subject is for example obligated to provide us personal data when our company concludes a contract with him or her. A non-providing of personal data would make it impossible that a contract could be concluded with the data subject. Before providing personal data by the data subject, the data subject has to contact our data protection officer. Our data protection officer will take a case-to-case approach to inform the data subject whether the provision of personal data is prescribed by law or a contractual condition or whether it is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of a non-providing of the personal data would be.
4. Use of data when subscribing to the E-Mail-Newsletter
On the homepage of the law firm Die Patenterie GbR users are given the opportunity to subscribe to the newsletter of our company. Therefore we only need your e-mail address, which will be stored at CleverReach®.
The law firm Die Patenterie GbR informs its customers and business partners periodically about legal topics and events of the company by way of a newsletter. In principal, the newsletter of our company can only be received when
- the data subject has a valid e-mail address and
- the data subject subscribes to the newsletter.
When a data subject registers an e-mail address for the newsletter for the first time a confirmation e-mail using a so-called double-opt-in process will be sent to this address. This confirmation e-mail is an additional check to verify whether the owner of the e-mail address as the data subject has authorised the receipt of newsletter.
We also store the IP-address that was assigned by the internet-service-provider (ISP) of the computer system used by the data subject at the time of subscription as well as date and time of the subscription. The collection of these data is necessary to retrace a (possible) misuse of the e-mail address of a data subject at a later time and therefor serves the legal protection of the controller.
Any personal data collected in the course of the subscription to the newsletter will only be used for the dispatch of the newsletter. Furthermore, newsletter subscribers can be informed by e-mail if this should be necessary for the operation of the newsletter service or a corresponding registration, like in the case of changes relating to the newsletter offer or changes of technical conditions. Personal data that were provided in regards to the subscription to the newsletter are at no time submitted to third parties. The subscription to our newsletter can be cancelled at any time by the data subject. The data subjects’ consent to store personal data provided in the course of the subscription to the newsletter can be withdrawn at any time. For the withdrawal of the consent a corresponding link can be found in any newsletter. Furthermore, there is the possibility to unsubscribe from the newsletter at any time on the homepage of the controller or to inform the controller in any other way.
5. Newsletter tracking
The newsletter of the law firm Die Patenterie GbR contain so-called tracking pixels. A tracking pixel is a miniature-graphic which is embedded in such e-mails which are dispatched in HTML format, in order to enable a log-file recording and log-file analysis. Thus, a statistical evaluation of the success or failure of an online marketing campaign can be carried out. By means of the embedded tracking pixel the law firm Die Patenterie GbR can identify whether and when an e-mail was opened by a data subject and which links in the e-mail were clicked. These information are stored at CleverReach®.
Such personal data collected by the tracking pixels embedded in the newsletters are stored and evaluated by the controller in order to optimize the newsletter dispatch and the content of future newsletters in order to adapt to the interests of the data subject. These personal data are at no time submitted to third parties. Data subjects are entitled at any time to withdraw their consent separately given in the double-opt-in process. After a withdrawal the stored personal data will be deleted by the controller. An unsubscription from the newsletter will automatically be deemed as a withdrawal by the law firm Die Patenterie GbR.
6. Contact opportunities via the homepage
Due to legal regulations, the homepage of the law firm Die Patenterie GbR contains information which ensure a fast electronic contact to our company as well as a direct contact which includes a generic address of the so-called electronic mail (e-mail address). If a data subject contacts the controller via e-mail or via a contact form the personal data provided by the data subject will be stored automatically. Such personal data provided to the controller on a voluntary basis by the data subject will be stored for the purpose of processing or contacting the data subject. These personal data are at no time submitted to third parties.
In order to make our website more attractive to visitors and to enable the use of certain functions we use so-called cookies on different pages. These are small text data files, which will be filed on your computer. Some of the cookies we use will be deleted from your computer again after closing your web browser (so called session-cookies). Other cookies remain on your computer and enable us to recognize your computer during your next visit (so-called permanent cookies). You can configure your browser so as to be informed about the placement of cookies, to decide to accept these on a case-by-case basis or to completely exclude all incoming cookies. In case you do not accept cookies, the functionality of our website might be limited.
8. Use of Google (Universal) Analytics for web analysis
This website uses Google (Universal) Analytics, a web analysis service of the Google Inc. (www.google.de). Google (Universal) Analytics uses methods which allow an analysis of the use of the website by you, like for example “Cookies”, text files that are stored on your computer. The data generated by the use of this website are transmitted to Google in the USA, where they are stored. By activating the anonymization of your IP address on this website your IP address will be abbreviated before transmission within Member States of the European Union or in other contracting parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be transmitted to a server of Google in the USA and abbreviated there. The transmitted anonymized IP address won’t be combined with any other data of Google.
You can avoid the recording of the personal data generated by the cookie about your use of the website (including your IP address) and transmission to Google as well as the processing of your personal data by Google by downloading and installing the browser plug-in under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Alternately you can click this Link to avoid the recording of your personal data by Google Analytics on this website in the future. By this step an opt-out cookie will be stored on your computer. When you remove cookies from your computer you have to click on the link again.
9. Notification of any changes
In case of such changes we will inform you within six weeks before entry into force at the latest. In general (No. 6) you have the right to withdraw your consent in this case.
10. Updating/Deleting your personal data
You also have the right to withdraw once given consent for the future at any time.
The stored personal data will be deleted when you withdraw your consent.
The controller only processes and stores personal data of the data subject for the period of time that is necessary to fulfill the storage purpose or as far as this is stipulated by the authority issuing European directives and regulations or another legislator in laws or regulations, which apply to the controller.
If the storage purpose is omitted or if a period of storage stipulated by European directives or regulations or another competent regulator lapses, the personal data will be disabled or deleted routinely and in accordance with the legal provisions.
11. Rights of data subjects
Every data subject has the right granted by the European directives and regulations to demand a confirmation of the controller whether personal data concerning the data subject are processed. If a data subject wants to claim that right it is always possible to contact our data protection officer or another employee of the controller.
Every data subject that is affected by the processing of personal data has the right granted by the European directives and regulations to obtain information about the stored personal data and a copy of this information at any time and free of charge. Furthermore the European directives and regulations grant the data subject to obtain information about the following:
- processing purposes
- categories of personal data, that are processed
- the recipient or the categories of recipients to whom the personal data have been disclosed or might be disclosed, especially in regard to recipients in third countries or international organisations
- the planned duration, if possible, for the storing of personal data or if that’s not possible, the criteria for this duration
- the existing right to correct or delete personal data or to restrict the processing by the controller or to appeal against this processing
- the existing right to appeal at a supervisory authority
- if the personal data has not been obtained from the data subject: all available information about the origin of the data
- the existence of an automated decision-making including profiling according to Art 22 Abs. 1 and 4 GDPR and – at least in such cases - significant information on the involved logic as well as the consequences and the pursued impact of such a processing for the data subject
Furthermore the data subject has the right to obtain information whether personal data were transmitted to a third country or an international organisation. Where this is the case, the data subject has also the right to obtain information about appropriate safeguards concerning the transmission of personal data.
If a data subject wants to claim that right to obtain information, it is always possible to contact our data protection officer or another employee of the controller.
Every data subject has the right granted by the European directives and regulations to demand the correction of inaccurate personal date without delay. Furthermore, the data subject has the right to demand the completion of incomplete data taking account the purpose of the processing – also by submitting a supplementary declaration.
If a data subject wants to claim that right to demand correction, it is always possible to contact our data protection officer or another employee of the controller.
Every data subject that is affected by processing of personal data has the right granted by European directives and regulations to demand that the corresponding personal data will deleted by the controller without delay, if one of the following reasons applies and as far as the processing is not necessary:
- The personal data had been stored for such purposes or in any other way, for which those are not necessary any longer.
- The data subject withdraws the consent on which the processing is based according to Art. 6 (1) (a) GDOR or Art. 9 (2) (a) GDPR and another legal basis for the processing does not apply.
- The data subject appeals against the processing according to Art. 21 (1) GDPR and no prevailing legitimate reasons apply, or the data subject appeals against the processing according to Art. 21 (2) GDPR.
- The personal data had been unlawfully processed.
- The deletion of the personal data is necessary for compliance with a legal obligation in accordance with Union or Member State law, that applies to the controller.
- The personal data was stored in relation to information society services according to Art. 8 (1) GDPR.
As far as one of the above mentioned reasons applies and a data subject wants to delete personal data stored by the law firm Die Patenterie GbR, it is always possible to contact our data protection officer or another employee of the controller. The data protection officer or another employee of the law firm Die Patenterie GbR will take the necessary steps to meet the deletion request without delay.
If the personal data has been published by the law firm Die Patenterie GbR and our company as controller is liable according to Art. 17 (1) GDPR to delete the personal data, the law firm Die Patenterie GbR will take appropriate measures, taking into account the available techniques and implementation costs, to inform other controllers that are processing the published personal data that the data subject requests the deletion of all links to this personal data or copies or replications of the personal data as far as the processing is not necessary. The data protection officer or another employee of the law firm Die Patenterie GbR will take the necessary steps on case-by-case basis.
Every data subject has the right granted by European directives and regulations to demand the restriction of the processing of personal data by the controller if one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a duration that enables the controller to ascertain its accuracy or inaccuracy.
- The processing is unlawful, the data subject rejects the deletion of the personal data and demands instead the restriction of use of the personal data.
- The controller does not need the personal data any more for the purpose of procession but the data subjects needs them in order to claim, exercise or defend legal rights.
- The data subject has objected to the processing in accordance to Art. 21 (1) GDPR and it’s still not clear whether the legitimate reasons of the controller outweigh the interests of the data subject.
As far as one of the above mentioned conditions applies and a data subject wants to restrict personal data that are stored by the law firm Die Patenterie GbR it is always possible to contact our data protection officer or another employee of the controller. The data protection officer or another employee of the law firm Die Patenterie GbR will take the necessary steps to proceed with the restriction.
Every data subject that is affected by processing of personal data has the right granted by European directives and regulations to receive all the corresponding personal data from the controller, provided in a structured, common, machine-readable format. Furthermore the data subject has the right to transmit the personal data to other controllers without being hindered by the controller that stored the personal data as far as the consent to processing is based on Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR and the processing is done with the assistance of automated processes as far as the processing is not necessary for performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in connection with exercising their right of data portability in accordance with Art. 20 (1) GDPR the data subject has the right, to effect that personal data can be transmitted directly form one controller to another controller as far as technically feasible and as far as the rights and freedoms of others are not affected.
In order to exercise the right of data portability it is always possible to contact the data protection officer or another employee of the law firm Die Patenterie GbR.
Every data subject has the right granted by European directives and regulations to object at any time, on compelling legitimate grounds relating to his or her particular situation, to the processing of data relating to him/her which is in accordance to Art. 6 (1) (e) or (f) GDPR. This also applies for profiling that is based on these regulations.
The law firm Die Patenterie GbR will stop processing personal data in the case of an objection unless we provide compelling legitimate grounds that override the rights and freedoms of the data subject or the processing is essential for the purpose of claiming, exercising or defending legal rights.
In case the law firm Die Patenterie GbR is processing personal data for direct advertising, the data subject has the right to object the processing of the personal data relating to him/her for that purpose. This is also applies for profiling as far as it is in conjunction with direct advertising. If a data object objects to the use of personal data relating to him/her for the purpose of direct advertising, the law firm Die Patenterie GbR won’t process the personal data anymore for such purposes.
Furthermore the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data relating to him/her for historical, statistical or scientific purposes in accordance with Art. 89 (1) GDPR, unless the processing should be necessary for performance of a task carried out in the public interest.
In order to exercise the right of objection the data subject can contact the data protection officer of the law firm Die Patenterie GbR or another employee. Furthermore the data object is free to exercise his or her right to object in connection with the use of services of the information society, notwithstanding the directive 2002/58/EG, via automated procedures, that use technical specifications.
Every data subject who is concerned by the processing of personal data has the right granted by European directives and regulations not to be subject to a decision, which is based solely on automated processing of data (including profiling), which has legal effects concerning him or her or affects him in a similar way, as far as the decision:
- is not necessary for the conclusion or the fulfilment of a contract between the data subject and the controller, or
- is permitted in accordance with Union law or Member State law to which the controller is subject and these regulations implement appropriate measures to defend the rights and freedoms as well as the legitimate interests of the data subject, or
- is made with the explicit consent of the data subject.
If the decision:
- is necessary for the conclusion or the fulfilment of a contract between the data subject and the controller, or
- is made with the explicit consent of the data subject, the law firm Die Patenterie GbR takes appropriate measures to secure the data subjects’ rights and freedoms as well as legitimate interests, which includes at least the right to obtain the intervention by the controller, the opportunity of presenting his/her own point of view and to appeal against the decision.
If a data subject wants to claim any rights that relate to automated decisions he or she can contact the data protection officer or another employee of the controller anytime.
Every data subject has the right granted by European directives and regulations to withdraw his/her consent to the processing of personal data anytime.
If a data subject wants to withdraw his or her consent he or she can contact the data protection officer or another employee of the controller anytime.
12. Legal basis of the processing
Art. 6 (1) (a) GDPR serves as legal basis for our company for processings for which we seek consent for a certain processing purpose. If the processing of personal data is necessary for the fulfilment of a contract in which the data subject is a contractual partner as it is the case in processings, which are necessary for the supply of goods or to give other performance or return services the processing is based on Art. 6 (1) (b) GDPR. The same applies to such processings that are necessary for the implementation of pre-contractual measures like inquiries for services and products. If our company has a legal obligation, which makes the processing of personal data necessary (e.g. tax-related obligations) the processing is based on Art. 6 (1) (c) GDPR. In rare cases the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This might be the case for example, if a visitor in our company would get injured and vital information like his/her name, his/her age, his/her age, his/her health insurance company data or other vital information has to be given to the doctor, the hospital or other third parties. In this case the processing would be based on Art. 6 (1) (d) GPDR. Finally processings might be based on Art. 6 (1) (f) GDPR. On this legal basis, processings are based that are not based on any legal basis mentioned above when the processing serves a legitimate interest of our company or a third party as far as the interests, fundamental rights and fundamental freedoms of the data subject do not overweigh. We are especially entitled to such processings due to the fact that the European legislator made specific reference concerning these processings. It considered that a legitimate interest might be assumed if the data subject is a client of the controller (recital 47 sentence 2 GDPR).
13. Legitimate interests in processing that are pursued by the controller or a third party:
If the processing of personal data is based on Art. 6 (1) (f) GPDR, our legitimate interest is the conduction of our business to ensure the wellbeing of our employees as well as our shareholders.
14. The controller respectively your contact person/data protection officer
If you have question regarding the collection, processing or usage of your personal data as well as information, correction, blocking or deletion or withdrawal of your consent or appeal against a certain use of data please contact directly:
Die Patenterie GbR
Phone: +49 921 50 70 86 0
Fax: +49 921 50 70 86 0
You can also contact our data protection officer.
Data protection officer
Die Patenterie GbR
Phone: +49 921 50 70 86 0
Last Update: 15.05.2018