1. Contact details of the party responsible for data processing
The party responsible for the processing of personal data on our website is:
Rechtsanwalt Dr. Hans-Jürgen Homann
Marienstraße 2
10117 Berlin
Email:
homann@homann.com
Telephone: (030) 247 290 86
Fax: (030) 247 290 87
2. Explanation of the collection and storage of personal data and the means and purpose of data use
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifying element, such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of such natural person.
a) Collection of data when you visit our website
When you visit our website https://www.homann.com, the browser of your device (e.g., personal computer, notebook, mobile device) automatically sends certain information to our server. This information is stored for a limited time period. These files are so-called “log files” of the server. The log files are deleted from our server automatically.
Such information includes:
- name and URL of the stored file,
- the IP address used,
- date and time of the visit,
- referrer URL (the website you visited before our website),
- type and version of the browser used and, if appropriate, the operating system of your device,
- name of your access provider.
We process the aforementioned data for the following purposes:
- guaranteeing a technically stable connection to the website,
- guaranteeing comfortable and functional use of our website,
- evaluation for the purpose of safety and stability, error searching, and correcting of errors,
- further administrative or technical purposes.
The legal basis for the aforementioned data processing is Article 6, section 1, sentence 1 f) of the European “Datenschutz-Grundverordnung – DSGVO” (hereinafter referred to as General Data Protection Regulation – GDPR). Our legitimate interest follows from the purposes of the data collection mentioned above. We will not use the data for other purposes.
b) Data collection when contact forms, emails, or other letters are sent or when you contact us by phone
You can contact us any time using the contact form provided on our website. In order to contact us, you have to provide your first and last name and a valid email address so that we can see who sent the message and to enable us to reply to you. You are free to give us further information.
If you use the contact form, the browser of your device (e.g., personal computer, notebook, mobile device) will automatically send certain information to our server. This information will be stored for a limited period of time in so-called “log files”. The log files will be deleted automatically on our server.
Such information includes:
- name and URL of the stored file,
- the IP address used,
- date and time of the visit,
- referrer URL (the website you visited before our website),
- type and version of the browser used and, if appropriate, the operating system of your device,
- name of your access provider.
This information is needed to process your inquiry. It will be only used for such purpose, if necessary.
The legal basis for the aforementioned processing of data is Article 6, section 1, sentence 1 a) GDPR on the basis of your freely given consent.
Furthermore, you can send us an email or a letter via fax or regular mail or call us by phone. Our webhosting provider is 1&1 IONOS SE, Elgendorfer Straße 57, 56410 Montabaur. Our telephone and internet provider is Deutsche Telekom, Landgrabenweg 151, 53227 Bonn. If you contact us by phone, my secretary or the secretarial service I use (eBuero AG, Hauptstr. 8, 10827 Berlin) may collect the data you submit by phone (e.g., name, address, matter) and, generally, the telephone number you called from in case we need to call you back. The legal basis for the processing of the data is Article 6, section 1, sentence 1 b), c) and f), Article 9, section 2, sentence 1, f) GDPR; in the case of your consent Article 6, section 1, sentence 1 a) GDPR.
c) Duration of storage
Unless stated otherwise, we will store personal data only as long as necessary to fulfill our purposes. The personal data collected with your inquiries (e.g., via the contact form, emails, telephone calls, letter, faxes) will be deleted automatically after the settlement of your inquiry, unless it is necessary for technical administration or the conclusion or execution of a contract made with you or in the case that contractual or legal storage requirements or documentation requirements exist (e.g., according to commercial law or tax law).
If your inquiry is related to a legal consultation, a longer storage period may be necessary (even if no contract is made with you). In matters that may result in liability of our firm (legal malpractice), the storage of the data for the purpose of legal defense and securing of evidence may be necessary for the entire period of the relevant statute of limitations. According to §§ 195 to 218 of the German Civil Code (BGB), the statutes of limitations may provide for a period of up to 30 years (whereby the regular statute of limitations provides for a period of 3 years).
d) Providing personal data
The providing of personal data is not required by law or by contract. You are not obligated to provide personal data. If you do not provide personal data, you may be partially or entirely unable to use our website. If you do not provide personal data that must be processed in order to reply to a contact inquiry or fulfill a contract with you, we may be unable to answer your contact request or enter into a contract with you.
3. Transfer of data
We will not transfer your personal data to third parties for purposes other than these listed here.
Your personal data will only be transferred to third parties if:
- you gave your express consent to the processing of your personal data for one or more specific purposes according to Article 6, section 1, sentence 1 a) GDPR;
- the processing of the data is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract, Article 6, section 1, sentence 1 b) GDPR;
- the processing is necessary for compliance with the legal obligation to which we are subject, Article 6, section 1, sentence 1 c) GDPR;
- the processing is necessary in order to protect your vital interests or the vital interests of another natural person, Article 6, section 1, sentence 1 d) GDPR;
- 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 us, Article 6, section 1, sentence 1 e) GDPR;
- the processing is necessary for the purpose of pursuing our legitimate interests or the legitimate interests of a third party, except where such interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data, Article 6, section 1, sentence 1 f) GDPR.
4. Analysis tools, Social media plugins, cookies
a) Analysis tools
Our webhosting provider is 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur. Within the configuration of our webhosting package, this provider uses certain analysis tools that enable us to evaluate the activities of users. Part of this is the tool 1&1 WebAnalytics for visitor statistics. This tool stores the number of visitors, the actions of visitors, page analysis, websites visited beforehand, browser, and systems. The analysis measures used are based on Article 6, section 1, sentence 1 f) GDPR. The purpose of these measures is to ensure a user-friendly design and to guarantee an optimized website. These actions also have the purpose of creating statistics about the use of our website. These are legitimate interests according to Article 6, section 1, sentence 1 f) GDPR.
b) Social media plugins
We use no social media plugins on our website (e.g., Facebook, Twitter, Instagram).
c) Cookies
On several pages of our website we use cookies. Cookies are small text files automatically stored on your end device (e.g., personal computer, notebook, mobile device) when you visit our website. Cookies contain information about your use of our website; however, we are not able to identity you. Cookies do not contain viruses and do not damage your device. Cookies serve to enhance the usability, attractiveness, efficiency, and safety of our offers. Cookies are generally accepted by the browsers automatically.
Generally we use so-called “transient cookies”. This especially includes session cookies. These cookies store a so-called session ID that can be attributed to different inquiries of your browser. The function of these cookies is to recognize you and to store your session information. By doing so, we can recognize your device if you return to our website. The session cookies will be deleted automatically if you log out or close the browser.
In addition to this, we use so-called “persistent cookies”. Persistent cookies are stored on your device (personal computer, notebook, mobile device) and are deleted automatically after a defined time period that can differ according to the type of cookie. If you visit our site again, these cookies recognize that you have already visited our site and also recognize the inputs and settings you applied. You therefore do not need to enter them again. These cookies are also needed to evaluate and optimize our website. You can delete these cookies in the safety settings of your browser at any time.
You can also configure your browser so that your device does not store any cookies or you are notified before a new cookie is created. However, if cookies are fully deactivated, you may not be able to use all the functions of our website.
The data processed by cookies is necessary for the aforementioned purposes of pursuing our own legitimate interests and those of third parties according to Article 6, section 1, sentence 1 f) GDPR.
5. Your rights as a data subject
a) Right of access according to Article 15 GDPR
According to Article 15 GDPR, you have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed and, where that is the case, access to the personal data and the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipient to whom the personal data has 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 of personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data is not collected from the data subject, any available information as to its source; the existence of automated decision-making, including profiling, referred to in Article 22, section 1 and 4, 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; which guarantees according to Art. 46 GDPR in the case of a transfer of data to third-party countries exist.
b) Right to rectification according to Article 16 GDPR
According to Article 16, you have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
c) Right to erasure according to Article 17 GDPR
According to Article 17, you have the right to obtain from us the erasure of personal data concerning you without undue delay (right to be forgotten) and we shall have the obligation to erase personal data without undue delay if the requirements of Article 17, section 1 are met. However, this does not apply if the processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9, section 2 as well as Article 9, section 3 GDPR; for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89, section 1 insofar as the right referred to in section 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or for the establishment, exercise, or defense of legal claims.
d) Right to restriction of processing according to Article 18 GDPR
According to Article 18, you shall have the right to obtain from us restriction of processing where one of the following applies: the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data; the processing is unlawful, and you oppose the erasure of the personal data and request the restriction of its use instead; we no longer need the personal data for the purposes of the processing, but it is required by you for the establishment, exercise, or defense of legal claims; you have objected to processing pursuant to Article 21, section 1 GDPR pending the verification whether our legitimate grounds override yours.
e) Notification obligation regarding rectification or erasure of personal data or restriction of processing according to Article 19 GDPR
According to Article 19 GDPR, you have the right to be informed about the recipients to whom we communicated any rectification or erasure of personal data or restriction of processing.
f) Right to data portability according to Article 20 GDPR
According to Article 20 GDPR, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format and have the right to transmit those data to another responsible party without hindrance from us, where the processing is based on consent pursuant to point (a) of Article 6, section 1 or point (a) of Article 9, section 2 or on a contract pursuant to point (b) of Article 6, section 1; and the processing is carried out by automated means.
g) Right to withdrawal of consent according to Article 7, section 3 GDPR
According to Article 7, section 3 GDPR, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
h) Right to lodge a complaint with a supervisory authority according to Article 77 GDPR
According to Article 77 GDPR, you have the right – without prejudice to any other administrative or judicial remedy – to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement if you believe that the processing of personal data relating to you infringes the GDPR.
6. Right to object according to Article 21 GDPR
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you that is based on point (e) or (f) of Article 6, section 1 (including profiling based on those provisions).
We shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims.
Where personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
In the case of a withdrawal or objection, please send us an email to:
homann@homann.com.
7. Data security and SSL protocol
Personal data is transmitted via the SSL technology (Secure Socket Layer). You can recognize this by the lock symbol in the browser and the status bar. Your data cannot be read by third parties. Generally, we use a 256 Bit encryption or – if your browser does not support this – a 128 Bit encryption.
We furthermore use suitable technical and organizational security measures to protect your data from manipulation, loss, destruction, or unauthorized access by third parties. Our security measures are continually improved in accordance with technological developments.
8. Validity and changes to this data protection policy
This data protection policy is currently valid and was updated on February 1, 2019.
In the course of the continuing development of our website and our offers or due to legal or official changes or requirements it may be necessary to update this data protection policy. You can access and print the current data protection policy at any time via our website under
https://homann.com/en/data protection-policy/.
English translation of Dr. Homann’s German data protection policy: Copyright © 2019 Dr. Hans-Jürgen Homann. All rights reserved.
