Information on data protection and data processing

1.Purposes and legal basis

HUGER Rechtsanwalts GmbH, FN 505724m, Favoritenstraße 4-6/13, 1040 Vienna, Austria, collects, processes and uses personal data as the controller only if there is a legal basis in accordance with the GDPR. The collection, processing and use is carried out in compliance with data protection and civil law provisions.

1.1.Contractual performance 

HUGER Rechtsanwalts GmbH processes personal data of clients, interested parties, service providers and business partners. Such personal data is collected that is necessary for the conduct and handling of our legal services, that is voluntarily made available to us or that is necessary for the conduct and handling of business relationships.

HUGER Rechtsanwalts GmbH processes personal data within the framework of client or business relationships (clients, suppliers, …) for the purpose of fulfilling the contract, i.e. for the provision of our legal services or other contractually agreed services. These processing operations are carried out on the legal basis of Art. 6 para. 1 lit b GDPR (contract performance).

HUGER Rechtsanwalts GmbH may also process data obtained from publicly accessible sources (e.g. commercial register, register of associations, land register, media) or from credit agencies. Clients and business partners must provide the personal data required for the establishment and execution of the client relationship or the business relationship. If the data is not made available, HUGER Rechtsanwalts GmbH must refuse to enter into or conduct a business relationship.

 

1.2.Compliance with legal obligations

Furthermore, HUGER Rechtsanwalts GmbH processes personal data for the fulfilment of legal obligations (Art. 6 para. 1c GDPR). Certain legal obligations to which HUGER Rechtsanwalts GmbH is subject may require the processing of personal data. HUGER Rechtsanwalts GmbH may also process data beyond the fulfilment of the business relationship in order to safeguard legitimate interests (Art. 6 para. 1f GDPR), in particular in the following cases: Consultation of and data exchange with credit agencies; examination and optimization of procedures for needs analysis and direct customer contact; customer events and advertising, insofar as the use of the data has not been objected to; measures for business management and further development of services; measures for the protection of customers and employees; within the scope of legal proceedings. HUGER Rechtsanwalts GmbH may also process personal data in public interest (Art. 6 para. 1e GDPR). Insofar as HUGER Rechtsanwalts GmbH processes personal data of data subjects for certain purposes on the basis of a consent (Art 6 para 1a GDPR), the data subject may revoke the consent at any time.

1.3.Management and database of contract partners

HUGER Rechtsanwalts GmbH processes personal data within the scope of (client-) administration and management (e.g. accounting, marketing database). This processing is carried out on the legal basis of Art. 6 para. 1f GDPR.

1.4.Definition of personal data

Personal data are all data that contain details about personal or factual circumstances, such as name, address, e-mail address, telephone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings of persons and biometric data such as fingerprints. Sensitive data, such as health data or data related to criminal proceedings, may also be included.

1.5 Webinars and video conferences

For webinars (information events, online trainings, customer information) and video conferences, HUGER Rechtsanwalts GmbH uses the software GoToWebinar and GoToMeeting of the provider LogMeIn Ireland Limited. LogMeIn Ireland Limited acts as our processor in this context, with whom we have also concluded a commissioned processing agreement (pursuant to Art. 28 DSGVO). We collect or process the following personal data from persons who register for or participate in our webinars or video conferences:

  • Participant information: first name, last name, email address, time of registration for the webinar, company/organization (if specified), job description (if specified).
  • Metadata: Topic, description if applicable, participant IP addresses, device/hardware information.
  • If dialing in via phone: incoming and outgoing phone number information, country name, start and end time, connection data, such as device IP address.
  • Text data: If a participant uses the chat, question or survey functions, the text entries made by the respective participant are processed in order to display and log them. If questions have been asked that are answered as part of the follow-up to a webinar, the questions and the e-mail addresses of the participants are processed in order to be able to answer them in the follow-up.
  • Our webinars or video conferences are not recorded.
  • Attention Factor: During the webinar, the software records whether the webinar window is open as the primary window for webinar participants. This information is collected during a webinar (e.g. “attention factor 80%”). This allows presenters to see if webinar attendees are losing attention.
  • Interest rate: After a webinar we analyze, based on short surveys, the interest of the webinar participants in the webinar attended. This serves to provide our webinar participants with further relevant and interesting information..

Automated decision-making as defined in Article 22 DSGVO is not used.

The processing of personal data in the context of GoToWebinar or GoToMeeting is based on the legal ground of legitimate interest pursuant to Article 6 para 1 lit f DSGVO, which consists in the organization and implementation of webinars as well as the follow-up (e.g. downstream question answering) and further development of webinars (e.g. compilation of participant statistics on webinars over time, effectiveness of and interest in webinars) and in the implementation of video conferences.

As part of the data processing when using GoToWebinar and GoToMeeting, personal data is transferred to the United States of America for the provision of technical services. This is based on standard contractual clauses pursuant to Article 46 (2) (c) in conjunction with (5) DSGVO.

2.   Transfer of personal data

Personal data will only be passed on by HUGER Rechtsanwalts GmbH if and to the extent that there is a valid legal basis for the transfer. HUGER Rechtsanwalts GmbH will pass on your data exclusively on the basis of the GDPR and only to the extent necessary for the respective purpose, required by the respective legal provision, covered by any justified interest, or specified in the case of your prior consent.

Furthermore, HUGER Rechtsanwalts GmbH informs that within the framework of legal representation and support, factual and case-related information is regularly obtained from third parties.

Some recipients of personal data are located outside Austria or process personal data there. The level of data protection in other countries may not be the same as in Austria. However, HUGER Rechtsanwalts GmbH only transfers personal data to countries for which the EU Commission has decided that they have an adequate level of data protection.

 

Personal data may be passed on by HUGER Rechtsanwalts GmbH in particular to the following recipients:

– courts and authorities

– independent lawyers cooperating with HUGER Rechtsanwalts GmbH (substitutes)

– tax consultant and accountants

– Bar Association

– banks

– opponents and their legal representation

HUGER Rechtsanwalts GmbH may use service providers (contract processors) in the context of data processing. These service providers (contract processors) are bound to secrecy and are carefully selected by HUGER Rechtsanwalts GmbH.

3.   Your rights in connection with processing your data

As a client or as a person affected in general, you have the right – subject to the lawyer’s duty of confidentiality – at any time to receive information about your stored personal data, their origin and recipient and the purpose of the data processing as well as a right to correction, data transmission, objection, restriction of processing as well as blocking or deletion of incorrect or inadmissibly processed data.

If there are any changes to your personal data, please inform us accordingly.

You have the right to revoke your consent to the use of your personal data at any time. Your input for information, deletion, correction, objection and/or data transmission – in the latter case, provided that it does not cause a disproportionate effort – can be directed to the address of our law firm mentioned in point 9.

If you hold the opinion that the processing of your personal data by HUGER Rechtsanwalts GmbH violates applicable data protection law or that your data protection claims have been violated in any other way, you may complain to the competent supervisory authority (data protection authority).

 

4.   Data security

The protection of your personal data takes place through appropriate organisational and technical measures. These measures relate in particular to protection against unauthorized, illegal or accidental access, processing, loss, use and manipulation.

Irrespective of our efforts to maintain a reasonably high level of due diligence at all times, it cannot be ruled out that information that you disclose to us via internet may be viewed and used by other persons.

Please note that HUGER Rechtsanwalts GmbH therefore assumes 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. hacker attacks on e-mail accounts).

 

5.   Use of data

HUGER Rechtsanwalts GmbH will not process the data made available to it for purposes other than those covered by the contractual agreement or by your consent or otherwise by a provision in accordance with the GDPR. Except for the use for statistical purposes, provided that the respective  data provided has been made anonymous.

 

6.   Disclosure of data breakdowns

HUGER Rechtsanwalts GmbH makes every effort to ensure that data breakdowns are detected at an early stage and, if necessary, reported immediately to you and the responsible supervisory authority, taking into account the respective data categories affected.

 

7.   Data storage

HUGER Rechtsanwalts GmbH will not store your data for longer than necessary to fulfill our contractual and legal obligations or the stated purposes and to ward off any liability claims. For this purpose, we take particular account of storage and documentation obligations.

 

8.   Website of HUGER Rechtsanwalts GmbH

8.1.General

The website of HUGER Rechtsanwalts GmbH and its contents have been carefully prepared and are for general information purposes only. They cannot replace individual legal advice and do not constitute legal advice. Any liability for the accuracy, timeliness and accuracy of the information provided is excluded.

Insofar as links to other external websites – not operated by HUGER Rechtsanwalts GmbH – are provided, this is for user convenience only. HUGER Rechtsanwalts GmbH is not responsible for the content of external websites and any liability for any links to external websites operated by third parties is excluded.

 

8.2.Cookies on the Website of HUGER Rechtsanwalts GmbH

 If you wish to block or restrict cookies altogether, you can make the changes in the settings of your internet browser. Cookies that have already been saved can be deleted at any time. If cookies are deactivated for our website, it is possible that some functions of the website can no longer be used to their full extent.

The procedures for the administration and deletion of cookies can be found in the help function integrated in the respective browser.

 

8.3.Google Maps

The website of HUGER Rechtsanwalts GmbH uses  Google Maps API of the company Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) on some pages to visually display geographic information. When Google Maps is used, Google also collects, processes and uses data on the use of Maps functions by visitors to the website. For more information about data processing by Google, please refer to Google’s privacy policy: http://www.google.com/privacypolicy.html You can also change your preferences at the Privacy Center so that you can manage and protect your information.

9.   Contact

The protection of your data is particularly important to us.

 

HUGER Rechtsanwalts GmbH is available to answer any questions you may have or in case of your revocation using the contact details below:

HUGER Rechtsanwalts GmbH
Favoritenstraße 4-6/13
1040 Wien

E: office(AT)huger.at

© 2019-2021 HUGER Rechtsanwalts GmbH

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