Data protection

This statement describes how the

Hauser Partners Rechtsanwälte GmbH

Processes your personal data. The declaration is aimed at our existing and former clients, interested parties and potential future clients, as well as their respective shareholders, organs and other employees.

  1. preamble

The protection of your personal data at Hauserpartners Rechtsanwälte GmbH (following: "HPR„, „we"Or"us") highest priority. Our professional confidentiality obligations already oblige us to maintain the highest level of confidentiality. In addition, when using your personal data, we also comply with all data protection requirements, in particular those of the EU General Data Protection Regulation ("GDPR„)[1] as well as all other applicable national and European regulations.

  1. Personal data and purposes of use

Personal data are all data that contain individual details about personal or factual circumstances, for example name, address, email address, telephone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings of people and biometric data such as fingerprints. Sensitive data such as health data or data in connection with criminal proceedings can also be included. You consent to the processing and use of this data - in accordance with the provisions of this data protection declaration.

We, Hauser Partners Rechtsanwälte GmbH, collect, process and use your personal data only if and to the extent that you have given your consent to this, you have given us this in the context of our communication, to fulfill contractual or legal obligations or to safeguard legitimate interests required by HPR[2] and complies with all applicable national and European regulations.

If you have not provided us with your personal data yourself, we have received it from our clients, business partners, service providers or cooperation partners, for whom you may work as a representative or employee or through whom you are invited to our events. In addition, it is possible that we have taken your personal data from publicly accessible sources, in particular company websites, lists of participants in events or business directories. All of this is always done in accordance with all applicable national and European legal provisions

However, only those personal data are collected that are necessary for the implementation and processing of our legal services or that you have voluntarily provided to us. As far as we collect your personal data from you, the provision of your data is fundamentally voluntary. However, we cannot or not completely fulfill our mandate if you do not provide your personal data.         

We will process your personal data in particular for the following purposes:

 

  • For the establishment, administration and processing of the business relationship (mandate), in particular in connection with the contractual relationship between us and other statutory and other contractually agreed services related to our business relationship.
  • For communication purposes and for other optimization of our contact management system (client relationship management), to strengthen the existing client relationship or to establish a new client relationship or to approach interested parties, including information about current legal developments and our range of services (marketing).
  • To maintain the business relationship and to provide relevant current legal or business information, for example in the form of sending newsletters about current legal developments and by inviting you to various events.
  • If you have already been commissioned with the internal organization and claims management of the law firm and insofar as this has been commissioned by you.
  • For the exercise of advisory and representation activities in legal and economic matters.
  • For representation before courts, authorities, arbitration tribunals, administrative courts and administrative authorities and before all other official institutions.
  • For the independent implementation of other tests and agreed investigation activities.
  • For the provision of all consulting services and activities in connection with the assumed mandate.
  • For assuming fiduciary duties and managing property.
  • For advice on legal issues.
  • To work as an arbitrator or mediator.
  • To fulfill legal obligations (e.g. know-your-customer information).
  • To obtain insurance benefits.
  • To comply with national and European legal provisions (such as data storage to comply with statutory retention periods, e.g. according to the Austrian Lawyers' Act)[3], the federal tax code[4] and the Company Code[5]). In particular, as part of a mandate, it may be necessary for us to process your personal data due to our legal obligations to prevent money laundering and terrorist financing[6] In this context, we are obliged to keep the documents (or copies thereof) that are given to us for identification purposes for at least five (maximum ten) years after the conclusion of the mandate. We also process personal data to defend against any claims for damages against us.
  • To ensure IT security and IT operations in our law firm.
  • To use service providers (e.g. external IT service providers) who support our business processes.

Please note that when processing personal data, we generally carry out a balancing test between our and your legitimate interests based on the legal basis of our legitimate interests[7]. You will receive more detailed information on this balancing test carried out by us on request. We do not process your data on the basis of a decision based solely on automated processing (including profiling) that has legal effects on you or that significantly affects or could affect you in a similar manner.

  1. Client relationship

As part of our mandate, we are obliged to defend your rights with diligence, loyalty and conscientiousness. We are therefore legally obliged, in your interest, to collect all personal data about you that are necessary for a conscientious representation. We also process your personal data on the basis of the mandate contract, your consent, our legal and / or contractual obligations[8] as well as other purposes that are covered by data protection regulations. We only use your personal data for statistical purposes after it has been anonymized.

  1. Your rights

As a client or generally as a data subject within the meaning of the GDPR, you have the right to information about your stored personal data, its origin and recipient and the purpose of the data processing as well as the right to correction, completion, data transfer and objection at any time, while observing the legal obligation of confidentiality , Restriction of processing as well as blocking or deletion of incorrect, incomplete or inadmissibly processed data.

If there are any changes to your personal data, we request that you notify us accordingly.

You have the right to revoke your consent to the use of your personal data at any time. You have been informed that the revocation of your consent does not affect the legality of the processing that was carried out on the basis of the consent until the revocation.

Your requests for information, deletion, correction, objection and / or data transfer, in the latter case, provided that this does not cause disproportionate effort, can be sent to the address below.

Please note that these rights complement each other, so that you can only either request the correction or completion of your data or their deletion. Such a request made by you must contain sufficient reasons why the data needs to be corrected, deleted or restricted so that we can assess whether the respective legal requirements are met. In the event of a correction, the request must also state how the data should be correctly read.

If you are of the opinion that the processing of your personal data by us violates the applicable data protection law or that your data protection claims have been violated in any other way, you can complain to the responsible supervisory authority. In Austria, the data protection authority is responsible for this.

  1. Website and video surveillance

The use of our website, including access to the publicly available content on it, is fundamentally possible without providing your personal data. Only the information provided by your Internet provider is collected, including in particular the IP address assigned to you and the duration and time of your visit. We store this information for the duration of your website visit; an evaluation is carried out exclusively for statistical purposes while preserving the anonymity of the individual users.

Personal data about you is also collected if you enter it voluntarily and explicitly when visiting this website in connection with the use of the services offered on the website (e.g. press releases and newsletters). Such information is used by us exclusively for the corresponding purpose and in compliance with the applicable statutory provisions. The legal basis for the aforementioned processing of your personal data is on the one hand our legitimate interest in ensuring the functionality, security etc. of our website or the consent you have given to the processing of your personal data, which you can revoke at any time with immediate effect.

To protect our law firm's premises and, in particular, to protect the information entrusted to us by our clients, we monitor the entrance area of our law firm using video systems. When you visit our office, photos will be taken of you. These recordings are stored for a maximum of fourteen days. However, these images are only accessed if there is a special occasion (e.g. a judicially criminal act occurs directly in the field of vision of one of our video systems). The legal basis for the aforementioned processing of your personal data is our legitimate interest in protecting our office premises so that we can protect our property and the data of our clients and, if necessary, present appropriate evidence.

  1. Data security

Your personal data is protected by appropriate organizational and technical precautions. These precautions relate in particular to protection against unauthorized, illegal or accidental access, processing, loss, use and manipulation.

Notwithstanding the efforts to maintain a consistently high level of due diligence requirements, it cannot be ruled out that information that you provide to us via the Internet is viewed and used by other people.

Please note that we therefore assume no liability whatsoever for the disclosure of information due to errors in data transmission not caused by us and / or unauthorized access by third parties (e.g. hack attack on email account or telephone, interception of faxes).          

You know that communication via email is technically unsafe. Unless we receive an order to the contrary from you, we will communicate with you (also) via email. You can instruct us at any time to restrict or discontinue this communication.

  1. Use of the data

We will not process the data made available to us for purposes other than those covered by the mandate contract, this declaration or your consent or any other provision in accordance with the GDPR. This does not apply to statistical purposes, provided that the data made available has been anonymized. You consent to the use of your data for information and advertising purposes, e.g. by sending a newsletter or Christmas cards.

If you enter into a mandate or contractual relationship with us, you provide us with personal data and, if necessary, trade and business secrets, both from you and from your relatives, employees or other third parties. In all of these cases, we generally assume that you are authorized to disclose this data. We use your data and the data of third parties named by you to the extent that this is necessary for the proper establishment and processing of our mandate or contractual relationship with you.

  1. Transmission of data to third parties

In order to fulfill your order, it may also be necessary to forward your data to third parties (e.g. opposing party, substitutes, insurance companies, service providers, other lawyers whom we use and to whom we make data available, etc.) courts or authorities. In addition, an international issue within the scope of a mandate may require an exchange of data with foreign law firms. Your data will only be forwarded on the basis of the GDPR, in particular to fulfill your order or on the basis of your prior consent. You hereby give this consent.

Insofar as this is absolutely necessary for the purposes mentioned under point 1, we will transmit your personal data to the following recipients in particular:

  • Opponents and their legal representatives,
  • other lawyers we work with
  • Tax consultants and auditors,
  • Banks and insurance companies,
  • Service provider (e.g. IT service provider, taxi, hotel)
  • Administrative authorities, courts, arbitration tribunals and corporations under public law,
  • Bar Association as far as necessary, e.g. for handling trusteeships,
  • Insurance on the occasion of the conclusion of an insurance contract for the benefit or the occurrence of the insured event (e.g. liability insurance),
  • Clients, insofar as it concerns data of the shareholders, organs and other employees of the respective client,
  • Cooperation partners and legal representatives working for us, as well as
  • Other recipients determined by the client (e.g. group companies of the client).

Furthermore, we inform you that as part of our legal representation and support, factual and case-related information is regularly obtained from you from third parties.

Some of the above-mentioned recipients of your personal data are located outside your country or outside the EU / EEA and process your personal data there. The level of data protection in other countries may not correspond to that of Austria or the EU. However, without your consent, we only transfer your personal data to countries for which the EU Commission has decided that they have an adequate level of data protection or we take measures to ensure that all recipients have an adequate level of data protection, or we take measures to ensure that all recipients have an adequate level of data protection, for which we conclude standard contractual clauses (2010/87 / EC and / or 2004/915 / EC). In any case, you give your consent that we may also transfer personal data to lawyers, even if these are located in countries where the EU Commission has not yet decided that they have an adequate level of data protection.

We also inform you that as part of our legal representation and support, factual and case-related information about you is regularly obtained from third parties (e.g. search engines, social networks, your company's website). It may also happen that we have to disclose your personal data to authorities or courts upon their requests. In all of these cases, however, we always ensure that the legal basis is complied with and that your data is protected.

  1. Notification of data breaches

We endeavor to ensure that data breaches are detected early and, if necessary, immediately reported to you or the responsible supervisory authority, taking into account the respective data categories that are affected.

  1. Retention of the data

In principle, we store your personal data until the end of the business relationship in which we collected your data and until the applicable statutory limitation and retention periods have expired; in addition, until the end of any legal disputes in which the data is required as evidence. If you are a client or a contact person for a client, we will store your personal data for marketing purposes until you object or your consent is withdrawn, provided that the marketing measure is based on your consent.

  1. Cookies

Our website uses "cookies" to make our offer more user-friendly and effective.

A "cookie" is a small text file that our web server saves on your computer's hard drive via the browser used. This enables our website to recognize you as a user when a connection is established between our web server and your browser. Cookies help us to determine the frequency of use and the number of users of our website. The content of the cookies we use is limited to an identification number that does not allow a user to be personalized. The main purpose of a cookie is to recognize visitors to a website. Two types of cookies are used on our website:

  1. Session cookies: These are temporary cookies that remain on the user's computer until the browser is closed and are then automatically deleted.
  2. Persistent cookies: For better user-friendliness, cookies are stored on your device and allow us to recognize your browser the next time you visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when you close the browser. Deactivating cookies may restrict the functionality of our website. The legal basis for the aforementioned processing of personal data is your consent, which you give us by agreeing on the cookie banner on our website. You can revoke this consent at any time with immediate effect.

  1. Server log files

In order to optimize this website in terms of system performance, user-friendliness and the provision of useful information about our services, the website provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. This includes your Internet protocol address (IP address), browser and language setting, operating system, referrer URL, your Internet service provider and date / time. These server log files must be processed by us in order to guarantee the functionality, stability and security of our website. This data is not combined with personal data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of illegal use. The legal basis for the aforementioned processing of your personal data is our legitimate interest in the functionality, stability and security of our website.

  1. Our contact details

The protection of your data is particularly important to us. You can reach us at any time under the contact details below for your questions or your revocation.

Hauser Partners Rechtsanwälte GmbH

Seilerststätte 18-20

1010 Vienna

E-mail: hauser@hauserpartners.com

Phone: +43 1 512 29 00 15

Vienna, May 5th, 2021

 

[1] Regulation (EU) No. 679/2016 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data, on the free movement of data and on the repeal of Directive 95/46 / EC (General Data Protection Regulation).

[2] The legal basis for this is Art 6 Para 1 lit a, b, c and f DSGV

[3] See, for example, Section 12 (2) RAO

[4] See, for example, § 132 BAO

[5] See, for example, Section 212 of the UGB

[6] Among others AML4 (Directive (EU) No. 849/2015), AML5 (Directive (EU) No. 843/2018) and AML6 (Directive (EU) No. 1673/2018)

[7] Art 6 para 1 lit f GDPR

[8] Art 6 para 1 lit a, b and c GDPR