Data protection is a special concern of the CANZLER & BERGMEIER Patentanwälte-Partnerschaft mbB. Our efforts, in particular the requirements of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act in its new version, are primarily aimed at respecting your privacy and personal sphere.
For modern companies such as the CANZLER & BERGMEIER Patentanwälte-Partnerschaft mbB, the use of electronic data processing systems (EDP) is indispensable today. In this case, of course, the legal regulations should be observed at the highest level.
Use of the websites of CANZLER & BERGMEIER Patentanwälte-Partnerschaft mbB is basically possible without any indication of personal data. However, if an affected person wishes to use our company's special services through our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject.
1. General / Definitions
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter the "data subject"). A natural person is considered to be identifiable, if this person can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features, expresses the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
b) Data subject / person concerned
Data subject is any identified or identifiable natural person whose personal data is processed by the person responsible.
Processing means any process or series of operations related to personal data, such as collecting, collecting, organizing, organizing, storing, adapting or modifying, reading, querying, using, disclosure by submission, dissemination or other form of provision, reconciliation or association, restriction, erasure or destruction, with or without the aid of automated procedures.
d) Restriction of processing
Restriction of the processing is the marking of stored personal data with the aim to limit their future processing.
Profiling is any kind of automated processing of personal data that consists in using that personal information to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to job performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
Pseudonymisation is the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject without the need for additional information, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.
g) Person responsible
The person responsible is the natural or legal person, public authority, institution or other body that, alone or in concert with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the person responsible or the specific criteria for his designation may be provided for under Union law or national law of the Member States.
h) Contract processor / contract data processor
The contract processor / contract data processor is a natural or legal person, agency, institution or other body that processes personal data on behalf of the person responsible.
Receiver is a natural or legal person, agency, institution or other body to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union or national law of the Member States in connection with a particular mission are not considered as receivers.
j) Third parties
Third party is a natural or legal person, public authority, institution or body other than the data subject, the person responsible, the contract processor and the persons authorized under the direct responsibility of the person responsible or the contract processor to process the personal data.
Consent means any statement of intent for the particular case voluntarily made by the person concerned in an informed and unequivocal manner in the form of a statement or other clear confirming act by which the data subject indicates that he/she agrees to the processing of the personal data concerning him or her.
2. Information about the collection of personal data
(1) Below we inform about the collection of personal data when using our website. Personal data is all data that can be related to you personally, eg. Name, address, e-mail addresses, user behavior, etc.
(2) Responsible acc. Article 4 (7) of the EU General Data Protection Regulation (GDPR) is
CANZLER & BERGMEIER Patentanwälte-Partnerschaft mbB,
represented by the partners Dipl.-Ing. Werner Bergmeier and Dipl.-Phys. Dr. Thomas Schlief
Tel .: 0841 / 88689-0
(3) Our data protection officer is:
Dr. Ron Baudler
(4) When you contact us by e-mail or through a contact form, we will automatically store the information you have provided (your e-mail address, your name and your telephone number if necessary) in order to answer your questions. Such personal data provided on a voluntary basis by a data subject to the person responsible is stored solely for the purpose of processing or contacting the data subject. We delete the data that arises in this context as soon as the storage is no longer required, or limit the processing if there is legal obligation to retain data.
(5) If we rely on commissioned service providers for individual functions of our offer or would like to use your data for advertising purposes, we will inform you in detail below about the respective transactions. In doing so, we also name the specified criteria for the storage duration.
(6) We have, as the person responsible, implemented many technical and organizational measures to ensure the most complete protection possible for personal data processed through this website. Nevertheless, Internet-based data transmissions can in principle have security gaps so that absolute protection can not be guaranteed. For this reason, every person concerned is free to submit personal data to us in alternative ways, for example by telephone.
(7) As a responsible company, we refrain from automatic decision-making or profiling.
3. Your rights
(1) You have the following rights with respect to the personal data concerning you:
- Right to information:
Any person affected by the processing of personal data has the right granted by the GDPR to obtain at any time, free of charge, from the person responsible any personal data stored about him or her and a copy of that information. Furthermore, the European legislator and regulator has conceded to the data subject the following information:
a. the processing purposes
b. the categories of personal data being processed
c. the recipients or categories of recipients to whom the personal data have been disclosed or are yet to be disclosed, in particular to recipients in third countries or at international organizations
d. if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
e. the existence of a right to rectification or erasure of the personal data concerning him/her or of a restriction of the processing by the person responsible or of a right to object to such processing
f. the existence of a right of appeal to a supervisory authority
g. if the personal data are not collected from the data subject: All available information on the source of the data
h. the existence of automated decision-making including profiling under Article 22 (1) and (4) of the GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
In addition, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organization. If that is the case, then the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer.
If an interested party wishes to exercise this right to information, they may at any time contact an employee of the person responsible for the processing.
- Right of revocation of a data protection consent:
Any person concerned by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.
If a person concerned wishes to exercise this right to withdraw consent, he or she may, at any time and by any means, contact an employee of the person responsible.
- Right to rectification:
The data subject has the right to demand from the person responsible without delay the correction of incorrect personal data concerning him or her. In consideration of the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement.
If data subject wishes to exercise this right to information, he or she may at any time contact an employee of the person responsible.
- Right to deletion / Right to be forgotten:
The data subject has the right to require of the person responsible to delete personal data concerning him or her without delay, and the person responsible is obliged to delete personal data immediately, if one of the following reasons applies:
the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
the data subject withdraws the consent on which the processing referred to in Article 6 (1) (a) or 9 (2) (a) was based and it lacks any other legal basis for the processing.
the data subject objects to the processing in accordance with Article 21 (1) and there are no preferential legitimate reasons for the processing, or the data subject objects to the processing in accordance with Article 21 (2);
the personal data were processed unlawfully;
the deletion of personal data is necessary to fulfill a legal obligation under Union or national law to which the person responsible is subject; or
the personal data were collected in relation to information society services offered in accordance with Article 8 (1);
If an affected person wishes to claim this right to be forgotten, they can contact a person responsible of the data person responsible at any time.
If we have made the personal data public and if we are obligated to delete it in accordance with Article 17 (1) of the GDPR, we shall take appropriate measures, including technical ones, and taking into account the available technology and the implementation costs, to inform persons responsible for data processing, who will carry out the data processing that an affected person has requested the deletion of all links to such personal data or copies or replications of such personal data. Our employees will take the necessary measures.
- Right to restriction of processing:
The data subject has the right to require the person responsible to restrict the processing if one of the following conditions is met:
the accuracy of the personal data is disputed by the data subject for a period allowing the person responsible to verify the accuracy of the personal data;
the processing is unlawful and the data subject refuses to delete the personal data and instead requests the restriction of the use of the personal data;
the person responsible no longer needs the personal data for the purposes of the processing, but the data subject requires them to assert, exercise or defend legal claims; or
the data subject has raised an objection to the processing referred to in Article 21 (1), pending determination of whether the legitimate grounds of the person responsible prevail over those of the data subject.
If a data subject wishes to exercise this right to restriction of processing, he or she may, at any time, contact an employee of the person responsible.
- Right to object to the processing:
Any person concerned by the processing of personal data has the right conferred by the GDPR to object at any time, for reasons arising out of its particular situation, against the processing of personal data relating to it under Article 6 (1) (e) or f DS-GMO. This also applies to profiling based on these provisions.
In the event of an objection, we will no longer process personal data unless we can establish compelling legitimate reasons for processing that outweigh the interests, rights and freedoms of the data subject, or the processing is for the purpose of asserting, exercising or defending legal claims,
If we process personal data in order to operate direct mail, the data subject has the right to object at any time to the processing of personal data for the purposes of such advertising. This also applies to the profiling, as far as it is associated with such direct mail. If the data subject objects to our processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, for reasons that arise from his or her particular situation, against the processing of personal data relating to him or her, which we use for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR , unless such processing is necessary to fulfill a public interest task.
In order to exercise the right of opposition, the data subject may directly contact any employee. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58 / EC, to exercise his right of opposition by means of automated procedures using technical specifications.
- Right to data portability:
The data subject has the right to receive personal data relating to him or her provided to a person responsible in a structured, common and machine-readable format, and has the right to transfer that information to another person, without interference from the person responsible, to whom personal data have been provided, provided that
the processing is based on a consent in accordance with Article 6 (1) (a) or Article 9 (2) (a) or on a contract pursuant to Article 6 (1) (b); and
the processing is done using automated procedures.
In exercising its right to data portability under Article 20 (1) of the GDPR, the data subject has the right to obtain that the personal data is transmitted directly from one person responsible to another, where technically feasible and the rights and privacy of other persons are not affected.
If an data subject wishes to exercise this right to data portability, they may contact an employee of the person responsible at any time.
- Automated decision in individual cases including profiling
Any data subject by the processing of personal data shall have the right conferred by the GDPR not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect or similarly appreciably affects the data subject, provided that: the decision
(1) is not required for the conclusion or performance of a contract between the data subject and the person responsible, or
(2) is permitted by Union or Member State legislation to which the person responsible is subject, and where such legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
(3) with the express consent of the data subject.
If the decision to conclude or fulfil a contract between the data subject and the person responsible is necessary or is made with the express consent of the data subject, we will take reasonable steps to safeguard the rights and freedoms and legitimate interests of the data subject containing at least the right to obtain the intervention of a person on the part of the person responsible, to express his or her own position and to contest the decision.
If the data subject wishes to claim automated decision-making rights, he or she can contact an employee of the person responsible at any time.
(2) You also have the right to complain with a data protection supervisory authority about the processing of your personal data by us. The supervisory authority responsible for our company is as follows:
Bayerisches Landesamt für Datenschutzaufsicht
Tel .: 0981 - 53 1300
4. Collection of personal data when visiting our website / cookies
(1) In the merely informative use of our website, i.e. if you do not register or otherwise provide us with information, we will only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website and to ensure the stability and security (legal basis is Art. 6 (1) sentence 1 GDPR):
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Internet service provider of the accessing system
- Content of the requirement (concrete page)
- Access status / HTTP status code
- Respectively transmitted amount of data
- Website that receives the request (referrer)
- Operating system and its interface
- Language and version of the browser software.
(2) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive assigned to the browser you are using and by which the body that sets the cookie (here through us) receives certain information. Cookies can not run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.
a) This website uses the following types of cookies, the scope and operation of which are explained below:
- Transient cookies (see b)
- Persistent cookies (c)
b) Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
c) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
d) You can configure your browser setting according to your wishes and for example refuse the acceptance of third-party cookies or all cookies. Please be aware that you may not be able to use all features of this site.
5. Other features and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do this, you will generally need to provide other personal information that we use to provide the service and to which the aforementioned data processing principles apply.
(2) In part, we use to process your data from external service providers. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly inspected.
(3) Furthermore, we may disclose your personal data to third parties, if action participations, competitions, contracts or similar services are offered by us together with partners. For more information, please refer to your personal data or below in the description of the offer.
(4) Insofar as our service providers or partners are based in a country outside the European Economic Area (EEA), we inform you about the consequences of this circumstance in the description of the offer.
6. Privacy on job applications
The person responsible collects and processes the personal data of applicants for the purpose of processing the job application process. The processing can also be done electronically. This is particularly the case if an applicant submits corresponding application documents to the person responsible by electronic means, for example by e-mail or via a contact form on the website. If the person responsible concludes an employment contract with an applicant, the data transferred will be stored for the purpose of executing the employment contract in compliance with the law. If the employment contractor does not conclude an employment contract with the candidate, the application documents will be automatically deleted unless deletion precludes other legitimate interests of the person responsible. Other legitimate interest in this sense, for example, is a burden of proof in a procedure under the General Equal Treatment Act (AGG).
The processing of the job applicant data takes place in order to fulfill our (pre-) contractual obligations in the context of the application process within the meaning of Art. 6 para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR insofar as the data processing is required for us e.g. in the context of legal procedures (in Germany § 26 BDSG additionally applies).
7. Objection or revocation against the processing of your data
(1) If you have given consent to the processing of your data, you can revoke it at any time and by any means of communication. Such revocation will affect the admissibility of the processing of your personal data after you have given it to us.
(2) Insofar as we base the processing of your personal data on the balance of interests, you may object to the processing. This is the case if, in particular, the processing is not required to fulfill a contract with you, which we describe in each case in the following description of the functions. In the event of such a disagreement, we ask you to explain the reasons why we should not process your personal data as we have done. In the case of your justified objection, we will examine the situation and will either discontinue or adapt the data processing or point out to you our compelling legitimate reasons on which we continue the processing.
(3) Of course, you may object to the processing of your personal data for advertising and data analysis purposes at any time. You may contact us for objection about advertising at the address given in section 2. (2).
8. Legal or contractual regulations for the provision of personal data / necessity for a contract / consequences in case of non-provision
We would like to inform you that the provision of personal data is partially required by law. However, it may also be possible for a data subject to provide us with personal information in order for a contract to be conducted. A non-provision would mean that the contract could not be closed. Our staff will be happy to answer any specific questions.
9. Social Media
1. Integration of Google Maps
(1) On this website we use the offer of Google Maps. This allows us to show you interactive maps directly in the website and allow you to conveniently use the map feature.
(2) By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data referred to in point 4 of this declaration will be transmitted. This is done regardless of whether Google provides a user account that you are logged in to, or if there is no user account. When you're logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and / or tailor-made website design. Such an evaluation is done in particular (even for users who are not logged in) to provide appropriate advertising and to inform other users of the social network about your activities on our website. You have the right of objection to the formation of these user profiles, and you must comply with this to Google.