DATA PRIVACY STATEMENT

 

 

1. Name and address of controller

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States as well as other data protection regulations is the company:

 

LS-MP Loth & Spuhler Munich Patent von Puttkamer Berngruber Loth Spuhler Partnerschaft von Patent- und Rechtsanwälten mbB

Garmischer Strasse 35

81373 München

Deutschland

 

Telefon: +49 (0)89 48 90 250

Fax: + 49 (0)89 48 90 25 10

E-Mail: info@munich-patent.com

Website: www.munich-patent.com

 

 

1. Name and address of data protection officer

The data protection officer of the controller is:

 

Lukas W. Mempel

LS-IP Loth & Spuhler Intellectual Property Law

Partnerschaft von Rechtsanwälten mbB

Garmischer Straße 35

81373 München

Deutschland

Telefon: +49 89 48 90 250

Fax: +49 89 48 90 2510

E-Mail: info@ls-ip.com

Website: www.ls-ip.com

 

 

III.      General information on data processing

1. Extent of processing of personal data

This Data Privacy Statement informs you about the form, the extent and the purpose of collection and use of personal data by the operator of this website, LS-MP Loth & Spuhler Munich Patent von Puttkamer Berngruber Loth Spuhler Partnerschaft von Patent- und Rechtsanwälten mbB.

 

We take data protection very seriously and treat personal data confidentially and in accordance with data protection legislation.

 

We collect, store and use personal data of visitors to our website (users), clients and customers only to the extent necessary to provide a functional website as well as our contents and services. The collection and use of personal data of our users, customers and business partners takes place regularly only after their respective consent. An exception applies in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal provisions.

 

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 (1) lit. a GDPR serves as the legal basis for the processing of personal data.

 

In the processing of personal data necessary for the performance of a contract to which the data subject is a contracting party, Art. 6 (1) lit. b GDPR serves as legal basis. This also applies to processing operations that are necessary in order to carry out pre-contractual measures.

 

Insofar as the processing of personal data is necessary for the compliance with a legal obligation to which our company is subject, Art. 6 (1) lit. c GDPR serves as legal basis.

 

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) lit. d GDPR serves as legal basis.

 

If the processing is necessary for the protection of a legitimate interest pursued by our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the interest mentioned first, Art. 6 (1) lit. f GDPR serves as legal basis for the processing.

 

3. Data deletion and storage period

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned legal provisions expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

 

4. Transmission to third parties

We shall use the personal data only for purposes of contacting our firm and shall not transmit them to third parties. Of course, we comply with the attorney-client privilege.

 

We shall only transmit your personal data to third parties in cases where:

• you have given your explicit consent pursuant to Art. 6 (1) sentence 1 lit. a GDPR,
• the transmission pursuant to Art. 6 (1) sentence 1 lit. f GDPR is necessary for the establishment, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest warranting protection in the non-transmission of your data,
• a legal obligation exists for the transmission pursuant to Art. 6 (1) sentence 1 lit. c GDPR, and
• this is permitted by law and pursuant to Art. 6 (1) sentence 1 lit. b GDPR necessary for the handling of contractual relationships with you.

 

We also use a carefully selected external service provider for the provision of our website and the associated processing of your personal data.

 

This service provider may process the personal data exclusively on our instructions for the purposes specified by us on the basis of an agreement on commissioned data processing pursuant to Art. 28 GDPR and has been obliged to comply with the applicable data protection regulations. Any other use of the data is not permitted. The data will be processed exclusively in the territory of the Federal Republic of Germany, in a Member State of the European Union or in a Contracting State to the Agreement on the European Economic Area.

 

 

1. Provision of the website and creation of log files
2. Description and extent of data processing

Every time you access our website, our system automatically collects data and information from the computer system of the accessing computer.

 

The following data are collected:

 

• IP address of the user
• date and time of access.

 

The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.

 

We use carefully selected external service providers for the provision of our website and the associated processing of your personal data.

 

These service providers may process the personal data exclusively on our instructions for the purposes specified by us on the basis of an agreement on commissioned data processing pursuant to Art. 28 GDPR and have been obliged to comply with the applicable data protection regulations.

 

Any other use of the data is not permitted. The data will be processed exclusively in the territory of the Federal Republic of Germany, in a Member State of the European Union or in a Contracting State to the Agreement on the European Economic Area.

 

2. Legal basis for data processing

The legal basis for the temporary storage of the data and log files is Art. 6 (1) lit. f GDPR.

 

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

 

The data are stored in log files 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. The data are not analysed for marketing purposes in this context.

 

Our legitimate interest in the data processing pursuant to Art. 6 (1) lit. f GDPR also resides in these purposes.

 

4. Data deletion and storage period

The data will be deleted as soon as they are no longer needed to achieve the purpose for which they were collected. If the data are collected for the provision of the website, this is the case when the respective session has ended.

 

If the data are stored in log files, this is the case after one month at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the accessing client is no longer possible.

 

5. Possibility of objection and removal

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

 

 

1. Use of cookies
2. Description and extent of data processing

If you have explicitly consented to the use of cookies, cookies will be used on our website. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that allows a clear identification of the browser when the website is accessed again.

 

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

 

The following data are stored and transmitted in the cookies:

 

• general browser identification
• IP address.

 

When accessing our website, the user is informed about the use of cookies and his or her consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to the present Data Privacy Statement.

 

2. Legal basis for data processing

The legal basis for the processing of personal data by using technically necessary cookies is Art. 6 (1) lit. f GDPR.

 

3. Purpose of data processing

The purpose of the use of cookies is to facilitate 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 change of page.

 

The user data collected through cookies are not used for the creation of user profiles.

 

Our legitimate interest in the processing of the personal data pursuant to Art. 6 (1) lit. f GDPR also resides in these purposes.

 

4. Storage period, possibility of objection and removal

You can avoid the use of cookies by not consenting to the use of cookies.

 

Cookies are stored on the user’s computer and transmitted by the latter to our website. Therefore, you as user have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that are already stored can be deleted at any time. This can also take place automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

 

In addition, you can prevent cookies from being stored by means of an appropriate setting in your browser software; however, please note that if you do this you may not be able to use all functions of this website in their entirety. You can also prevent the collection and transmission of the data generated by the cookie and relating to your use of the website (including your IP address) to Google as well as the processing of these data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

 

 

XIII.   Contacting, ordering and/or other initiation of business by e-mail, letter or telephone

1. Description and extent of data processing

 

You can contact us by e-mail, letter or telephone.

 

In case you contact us by e-mail, letter or telephone, your personal data transmitted by e-mail, letter or telephone will be stored. The same applies in the event that we obtain goods and/or services from you.

 

We use carefully selected external service providers for the entering and handling of such contact.

 

These service providers may process the personal data exclusively on our instructions for the purposes specified by us on the basis of an agreement on commissioned data processing pursuant to Art. 28 GDPR and have been obliged to comply with the applicable data protection regulations.

 

Any other use of the data is not permitted. The data will be processed exclusively in the territory of the Federal Republic of Germany, in a Member State of the European Union or in a Contracting State to the Agreement on the European Economic Area.

 

2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 (1) lit. a GDPR if the data subject has given his or her consent.

 

The legal basis for the processing of the data transmitted by e-mail, letter or telephone in the course of establishing contact is Art. 6 (1) lit. f GDPR. If an order is concerned or the e-mail, letter or telephone call aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR.

 

3. Purpose of data processing

The processing of the personal data from the e-mail, the letter or the telephone call serves us solely to process the establishment of contact. This constitutes also the necessary legitimate interest in the processing of the data.

 

The collection of phone number, fax number and e-mail address is necessary to be able to contact you, e.g. for queries or to answer questions.

 

4. Storage period

The data collected in case of a pure contacting (without order) will be deleted when the respective conversation is terminated. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.

 

The data of a specific order (products, price, order date and order time, invoice date, delivery date) are deleted ten years after full processing of the order.

 

5. Possibility of objection and removal

You have the possibility to revoke your consent to the processing of personal data at any time. If you have contacted us by e-mail, letter or telephone, you can object to the storage of your personal data at any time. In such a case, the conversation cannot be continued.

 

The revocation of the consent and the objection to storage can be addressed by e-mail, letter or telephone to the contact details indicated under item I. of the present Data Privacy Statement

 

All personal data stored in the course of contacting and/or ordering will be deleted in this case.

 

 

VII.    Rights of the data subject

If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights in relation to the controller:

 

1. Right of access

You shall have the right to obtain from the controller confirmation as to whether personal data relating to you are being processed by us.

 

If this is the case, you shall have the right to obtain from the controller access to the following information:

(1)          the purposes for which the personal data are processed;

(2)          the categories of personal data that are processed;

(3)          the recipients or categories of recipient to whom the personal data relating to you have been or will be disclosed;

(4)          the envisaged period for which the personal data relating to you will be stored, or, if specific information is not possible, the criteria used to determine that period;

(5)          the existence of the right to rectification or erasure of the personal data relating to you, the right to restriction of processing by the controller or the right to object to such processing;

(6)          the right to lodge a complaint with a supervisory authority;

(7)          any available information as to the source of the data where the personal data are not collected from the data subject;

(8)          the existence of automated decision-making, including profiling, according to Art. 22 (1) and (4) GDPR and – at least in those cases – meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.

 

You shall have the right to obtain information as to whether the personal data concerning you are transferred to a third country or to an international organisation. In this context you can request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.

 

2. Right to rectification

You shall have the right to obtain from the controller rectification and/or completion if the processed personal data concerning you are inaccurate or incomplete. The controller has to make the rectification without undue delay.

 

3. Right to restriction of processing

Under the following conditions, you may request that the processing of personal data relating to you be restricted:

(1)          you contest the accuracy of the personal data relating to you for a period enabling the controller to verify the accuracy of the personal data;

(2)          the processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of the personal data instead;

(3)          the controller no longer needs the personal data for the purposes of processing, but they are required by you for the establishment, exercise or defence of legal claims, or

(4)          you have objected to processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

 

In case the processing of the personal data relating to you has been restricted, such data may – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence 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 of a Member State.

 

If the processing was restricted according to the aforementioned conditions, you will be informed by the controller before the restriction of processing is lifted.

 

4. Right to erasure
5. Obligation to erase

You shall have the right to request from the controller the erasure of personal data relating to you without undue delay and the controller has the obligation to erase such data without undue delay if one of the following grounds applies:

1)           the personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed;

(2)          you withdraw consent on which the processing is based according to Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR and there is no other legal ground for the processing;

(3)          you object to the processing according to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing according to Art. 21 (2) GDPR;

(4)          the personal data relating to you have been unlawfully processed;

(5)          the personal data relating to you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

(6)          the personal data relating to you have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.

 

1. Information to third parties

If the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

 

1. Exception

The right to erasure does not exist to the extent that processing is necessary

(1)          for exercising the right of freedom of expression and information;

(2)          for compliance with a legal obligation which requires processing by 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 in accordance with Art. 9 (2) lit. h and i as well as Art. 9 (3) GDPR;

(4)          for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) GDPR insofar as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5)          for the establishment, exercise or defence of legal claims.

 

5. Right to notification

If you have asserted the right to rectification, erasure or restriction of processing in relation to the controller, the latter is obligated to communicate said rectification or erasure of the data or restriction of processing to each recipient to whom the personal data relating to you have been disclosed, unless this proves impossible or involves disproportionate effort.

 

You shall have the right in relation to the controller to be informed about these recipients.

 

6. Right to data portability

You shall have the right to receive the personal data relating to you, which you have provided to the controller, in a structured, commonly used and machine-readable format. In addition, you shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

 

(1)          the processing is based on consent pursuant to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract pursuant to Art. 6 (1) lit. b GDPR; and

(2)          the processing is carried out by automated means.

 

In exercising this right, you shall also have the right to have the personal data relating to you transmitted directly from one controller to another, where technically feasible. The rights and freedoms of others must not be adversely affected hereby.

 

The right to data portability shall 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 to object

You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data relating to you which is based on Art. 6 (1) lit. e or f GDPR; this also applies to profiling based on those provisions.

 

The controller shall no longer process the personal data concerning you, unless the controller demonstrates compelling legitimate grounds for the processing, which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.

 

If personal data concerning you are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

 

If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.

 

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

 

8. Right to revocation of declaration of consent under data protection law

You shall have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until revocation.

 

9. Automated individual decision-making, including profiling

You shall 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)          is necessary for entering into, or performance of, a contract between you and the controller,

(2)          is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

(3)          is based on your explicit consent.

 

However, these decisions must not be based on special categories of personal data referred to in Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

 

In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

 

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

 

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

 

 

May 2018