Data protection

Privacy Policy


I am delighted that you are interested in my website. Data protection is of particular importance to me. The use of my law firm website, "www.eulenberger.info", is generally possible without providing any personal data. However, if a data subject wants to use special services via my website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, I generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to me (Martin Eulenberger, Attorney at Law). By means of this data protection declaration, I would like to inform the general public of the nature, scope, and purpose of the personal data I collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

As the controller, I have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to me via alternative means, e.g. by telephone.


Types of data processed:

  • Inventory data (e.g. names, addresses).
  • Contact details (e.g., email, telephone numbers).
  • Content data (e.g., text entries, photographs, videos).
  • Usage data (e.g., websites visited, interest in content, access times).
  • Meta/communication data (e.g., device information, IP addresses).


1. Definitions

The data protection declaration of attorney Martin Eulenberger is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). My data protection declaration should be easily legible and understandable for the public as well as for my clients and business partners. To ensure this, I would like to explain the terms used in advance.

In this privacy policy I use, among others, the following terms:


a) personal data
Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as 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
 A data subject is any identified or identifiable natural person whose personal data is processed by the controller.


 c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, 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 its future processing.


 e) Profiling
Profiling is 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 analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.


 g) Controller or person responsible for processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for his or her nomination may be provided for by Union or Member State law.


 h) Processors
A 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 other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular investigation in accordance with Union or Member State law shall not be considered recipients.


 j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons authorised to process personal data under the direct responsibility of the controller or processor.


 k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data concerning him or her.


 2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:


Martin Eulenberger

lawyer

Martin-Luther-Strasse 23

01099 Dresden

Germany

Phone: 0351 811 988 97

Email: mail@eulenberger.info

Website: www.eulenberger.info


3. Cookies

The websites of lawyer Martin Eulenberger use cookies. Cookies are text files that are stored on a computer system via an Internet browser.

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

Through the use of cookies, the website of Attorney Martin Eulenberger can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

Cookies can be used to optimize the information and offers on my website for the benefit of the user. As already mentioned, cookies enable me to recognize the users of my website. The purpose of this recognition is to make it easier for users to use my website. For example, the user of a website that uses cookies does not have to enter their login details every time they visit the website because this is done 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 using a cookie.

The data subject can prevent the setting of cookies through my website at any time by means of a corresponding setting in the Internet browser used and 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 my website may be fully usable.


4. Collection of general data and information

The website www.eulenberger.info records a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following may be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches my website (so-called referrers), (4) the sub-websites accessed via an accessing system on my website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used to avert dangers in the event of attacks on my information technology systems.

When using this general data and information, I do not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of my website, (2) optimize the contents of my website and the advertising for it, (3) ensure the long-term functionality of my information technology systems and the technology of my website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by me both statistically and with the aim of increasing data protection and data security in my office in order to ultimately ensure an optimal level of protection for the personal data I process. The anonymous data in the server log files are stored separately from all personal data provided by a person concerned.


5. Contact option via the website

Due to legal regulations, the website www.eulenberger.info contains information that enables me to be contacted quickly electronically and communicated with me directly, which also includes a general address for 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 purposes of processing or contacting the data subject. This personal data is not passed on to third parties.


6. Comment function in the blog on the website

The website of Martin Eulenberger, Attorney at Law, offers users the opportunity to leave individual comments on individual blog posts on a blog located on the website of the controller. A blog is a portal maintained on a website, usually publicly accessible, in which one or more people, called bloggers or web bloggers, can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, information on the time the comment was entered and the user name (pseudonym) chosen by the data subject are stored and published in addition to the comments left by the data subject. In addition, the IP address assigned to the data subject by the Internet service provider (ISP) is also logged. This storage of the IP address is done for security reasons and in the event that the data subject violates the rights of third parties or posts illegal content through a comment. The storage of this personal data is therefore in the controller's own interest so that he or she can exonerate himself in the event of an infringement. This personal data collected will not be passed on to third parties unless such a transfer is required by law or serves the legal defense of the controller.


7. Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.


8. Rights of the data subject

a) Right to confirmation
Each data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller or the controller himself or herself at any time.


 b) Right to information
Any person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller at any time free information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following information:

  • the processing purposes
  • the categories of personal data being processed
  • 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 organisations
  • 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 a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing
  • the existence of a right of complaint to a supervisory authority
  • if the personal data are not collected from the data subject: All available information about the origin of the data
  • 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 envisaged consequences of such processing for the data subject


Furthermore, the data subject has the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.


If a data subject wishes to exercise this right to information, he or she may contact any employee of the controller or the controller himself or herself at any time.

 


c) Right to rectification

Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, also by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may contact any employee of the controller or the controller himself or herself at any time.

d) Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her without undue delay, where one of the following reasons applies and to the extent that processing is not necessary:


  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws consent on which the processing is based according to point (a) of Art. 6(1) GDPR or point (a) of Art. 9(2) GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Para. 2 GDPR.
  • The personal data were processed unlawfully.
  • The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data were collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.


If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by Martin Eulenberger, he or she may contact an employee of the controller or the controller himself or herself at any time. The employee of Martin Eulenberger or the controller himself or herself will ensure that the erasure request is complied with immediately.

If the personal data of Attorney Martin Eulenberger was made public and I, as the controller pursuant to Art. 17 Para. 1 GDPR, am obliged to erase the personal data, Attorney Martin Eulenberger shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of Attorney Martin Eulenberger or he himself will arrange the necessary measures in individual cases.

 


e) Right to restriction of processing

Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions 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, the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
  • The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.


If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Attorney Martin Eulenberger, he or she may at any time contact any employee of the controller or the controller himself or herself. The employee of Attorney Martin Eulenberger or the controller himself or herself will arrange the restriction of the processing.



f) Right to data portability

Any person concerned by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to which the personal data was made available, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact any employee of Attorney Martin Eulenberger or the Attorney Martin Eulenberger himself at any time.

g) Right to object

Any person concerned by the processing of personal data has the right granted by the European legislator to object at any time, for reasons related to his or her particular situation, to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

Attorney Martin Eulenberger will no longer process the personal data in the event of an objection, unless I can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If Attorney Martin Eulenberger processes personal data in order to conduct direct advertising, 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 profiling insofar as it is related to such direct advertising. If the data subject objects to Attorney Martin Eulenberger to the processing for direct marketing purposes, Attorney Martin Eulenberger will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons related to his or her particular situation, to object to processing of personal data concerning him or her by Attorney Martin Eulenberger for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 (1) GDPR, unless the processing is necessary to perform a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee of Martin Eulenberger or the lawyer himself. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right of objection by automated means using technical specifications.

h) Automated decisions in individual cases, including profiling

Each data subject shall have 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 him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not 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 not based on the data subject’s explicit consent.

Where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the data subject’s explicit consent, Martin Eulenberger shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise rights with regard to automated decisions, he or she may contact any employee of the controller or the controller himself or herself at any time.


 

i) Right to withdraw consent under data protection law

Any person concerned by the processing of personal data has the right granted by the European legislator to withdraw his or her consent to processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact any employee of the controller or the controller himself or herself at any time.



9. Legal basis for processing

 Art. 6 I lit. a GDPR serves as the legal basis for processing operations for which I obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries about my products or services. If I am subject to a legal obligation which requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to my office were injured and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to protect a legitimate interest of me or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. I am permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).


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

If the processing of personal data is based on Article 6 I lit. f GDPR, my legitimate interest is the conduct of my business activities for the benefit of the well-being of all my employees.


11. Period for which personal data will be stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted unless it is no longer required to fulfill or initiate a contract.


12. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

I would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also arise from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide me with personal data in order to conclude a contract, which I must subsequently process. For example, the data subject is obliged to provide me with personal data if I conclude a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of my employees or me. My employee or I will clarify or explain to the data subject on a case-by-case basis whether the provision of the 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 what the consequences of non-provision of the personal data would be.


13. Existence of automated decision-making

I do not use automated decision-making or profiling.


This privacy policy has been generated by the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Essen in cooperation with the Data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Attorneys at law.

 

Disqus

I use the DISQUS comment system, which is provided by DISQUS Inc., 301 Howard St., Suite 300, San Francisco, CA 94105, USA. You can find DISQUS’s privacy information here. DISQUS allows you to log in either via your own DISQUS user account or via existing user accounts on Facebook, Twitter and Google Plus. If you log in to the DISQUS function on my websites using your social media accounts, these service providers will also collect and process information about your use of the DISQUS functions. You can find more information about this in the data protection information of the respective providers. DISQUS transmits the user's email address and the IP address used when entering a comment to eulenberger.info. I need this information solely for the purpose of contacting you in connection with your use of DISQUS. It will not be passed on to third parties without permission.

 

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