Privacy policy

We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB. In principle, the website pages of Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB can be used without providing any personal data. However, if a data subject wishes to use the special services of our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data—such as the name, address, email address or telephone number of a data subject—always takes place in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB. By means of this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of the rights to which they are entitled.

As the controller responsible for processing, Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The privacy policy of Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our clients and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy we use, inter alia, the following terms:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter the “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.

b) Data subject
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing
Processing is any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

f) Pseudonymisation
Pseudonymisation is 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for processing
Controller or controller responsible for processing is 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 law or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data is 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.

j) Third party
Third party is 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 authorized to process personal data.

k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

2. Name and address of the controller

Controller within the meaning of the General Data Protection Regulation, other applicable data protection laws in the Member States of the European Union, and other provisions of a data protection nature is:

Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB
Podbielskistraße 33
30163 Hanover
Germany

Tel.: +49 (0) 511 215 5563-33
E-Mail: kanzlei@laborius.eu
Website: www.laborius.eu

3. Name and address of the Data Protection Officer

The Data Protection Officer of the controller is:

Simon Felsmann

Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB

Podbielskistraße 33
30163 Hanover
Deutschland

Tel.: +49 (0) 511 215 5563-33
E-Mail: kanzlei@laborius.eu
Website: www.laborius.eu

Every data subject may contact our Data Protection Officer directly at any time with any questions and suggestions regarding data protection.

4. Cookies

The website pages of Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A particular internet browser can be recognized and identified via the unique cookie ID.

By using cookies, Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. As mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to utilize our website. For example, users of a website that uses cookies do not have to enter their access data each time they visit the website, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and can thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

5. Contact possibility via the website

Due to legal requirements, the website of Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB contains information that enables a quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.

6. Routine erasure and blocking of personal data

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this was provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with the legal provisions.

7. Rights of the data subject

a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may, at any time, contact any employee of the controller.

b) Right of access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator grants the data subject access to the following information:

the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request rectification or erasure of personal data or restriction of processing by the controller, or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 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.

Furthermore, the data subject has a right to be informed whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may, at any time, contact any employee of the controller.

c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of a supplementary statement.

If a data subject wishes to exercise this right to rectification, they may, at any time, contact any employee of the controller.

d) Right to erasure (“right to be forgotten”)
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay where one of the following grounds applies and insofar as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been unlawfully processed.
The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB, they may, at any time, contact any employee of the controller. The employee of Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB shall ensure that the erasure request is complied with without delay.

Where Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB has made personal data public and our company, as controller, is obliged pursuant to Article 17(1) GDPR to erase the personal data, Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested those controllers to erase any links to, or copies or replications of, those personal data, insofar as processing is not required. The employee of Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB will arrange the necessary measures in each individual case.

e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB, they may, at any time, contact any employee of the controller. The employee will arrange the restriction of processing.

f) Right to data portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format.

They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject also has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may at any time contact an employee of Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB.

g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defense of legal claims.

Where Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee of Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB directly or another employee. The data subject is also free, in the context of the use of information society services and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

h) ) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, Laborius Schrader Klagges Teubert Rechtsanwälte Partnerschaftsgesellschaft mbB shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

If the data subject wishes to assert rights concerning automated decisions, they may, at any time, contact an employee of the controller.

i) Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, they may, at any time, contact an employee of the controller.

8. Data protection for applications and in the application procedure

The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is the case in particular if an applicant submits corresponding application documents by electronic means, for example by email or via a web form on the website, to the controller. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If no employment contract is concluded by the controller with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller oppose such deletion. Other legitimate interest in this sense could be, for example, a duty to provide evidence in proceedings under the German General Equal Treatment Act (AGG).

9. Provisions on the use of Google Analytics (with anonymization function)

The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering and evaluation of data on the behavior of visitors to websites. A web analytics service collects, inter alia, data on the website from which a data subject has come to a website (so-called referrer), which subpages of the website were accessed or how often and for what period a subpage was viewed. Web analytics is used primarily for optimization of a website and for cost–benefit analysis of internet advertising.

The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
For web analytics via Google Analytics, the controller uses the add-on “_gat._anonymizeIp”. By means of this add-on, the IP address of the data subject’s internet connection is shortened and anonymized by Google if access to our website is from a Member State of the European Union or from another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the flow of visitors on our website. Google uses the data and information obtained, inter alia, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services relating to the use of our website.

Google Analytics sets a cookie on the data subject’s IT system. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this website that is operated by the controller and on which a Google Analytics component was integrated, the internet browser on the data subject’s IT system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical procedure, Google gains knowledge of personal data, such as the data subject’s IP address, which serves Google, inter alia, to trace the origin of visitors and clicks and subsequently to enable commission settlements.
By means of the cookie, personal information—such as the time of access, the location from which access originated and the frequency of visits to our website by the data subject—is stored. Each time our website is visited, these personal data, including the IP address of the internet connection used by the data subject, are transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure on to third parties.

The data subject may, as already stated above, prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a cookie on the data subject’s IT system. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.
Furthermore, the data subject has the possibility of objecting to a collection of data generated by Google Analytics relating to the use of this website as well as the processing of this data by Google and to prevent such collection. To do this, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the data subject’s IT system is later deleted, formatted or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of control, it is possible to reinstall or reactivate the browser add-on.

Further information and the applicable privacy policies of Google may be retrieved at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is further explained at https://www.google.com/intl/de_de/analytics/.

10. Legal basis for processing

Article 6(1)(a) GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party—as is the case, for example, with processing operations necessary for the supply of goods or to provide any other service or consideration—the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries concerning our products or services. If our company is subject to a legal obligation by which the processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, processing of personal data may become necessary in order to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and as a result their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third parties. Then the processing would be based on Article 6(1)(d) GDPR. Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal bases, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override such interests. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. In this respect, the legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, second sentence, GDPR).

11. Legitimate interests in processing pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

12. Duration for which the personal data are stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period has expired, the corresponding data are routinely deleted, provided that they are no longer required for the performance of the contract or the initiation of a contract.

Statutory or contractual requirements regarding the provision of personal data; necessity for conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data.

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information on the contracting party). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company concludes a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of failure to provide the personal data.

13. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer in Munich, in cooperation with the Cologne IT and data protection lawyer Christian Solmecke.

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