Imprint

Rechtsanwälte Heissner & Struck
Partnerschaft mbB
Hudtwalckerstraße 11
D-22299 Hamburg

P: +49(40) 413 05 38-0
F: +49(40) 480 23 32
E: info@heissner-struck.de

VAT ID: DE118761918

Registry Court:
Local Court of Hamburg (Amtsgericht Hamburg), PR-No. 470

Partners:
Thomas Heissner, Dr. Dieter Struck, Dr. Christian Lemke, Dr. Philipp Herrmann, Dr. Fabian Ropohl, LL.M. (Auckland)

Supervisory Authority:
Hamburg Bar (Hanseatische Rechtsanwaltskammer Hamburg), Valentinskamp 88, 20355 Hamburg).
The German Codes of Conduct for Lawyers (Berufsordnung der Rechtsanwälte and Bundesrechtsanwaltsordnung), the German Code of Conduct for Certified Specialized Lawyers (Fachanwaltsordnung) and the German Attorneys Fees Act (Rechtsanwaltsvergütungsgesetz) are applicable for the lawyers of Heissner & Struck.

Professional Indemnity Insurance:
HDI Versicherung AG
HDI Platz 1
30659 Hannover
Territorial scope of applicability: worldwide

Extrajudicial settlement:
Platform of the EU for extrajudicial settlement:
http://ec.europa.eu/consumers/odr/

In case of disputes beween lawyers and their clients, they may request dispute arbitration before the Hanseatic Bar Association Hamburg (Hanseatische Rechtsanwaltskammer Hamburg), Valentinskamp 88, 20355 Hamburg, or before the Attorneys’ Arbitration Board (Article 191f BRAO) of the Federal Bar Association, Rauchstraße 26, 10787 Berlin, phone 030 28444170, email under: schlichtungsstelle@s-d-r.org; more details can be found on the internet on the website of the Federal Bar Assiciation (www.brak.de).



Data Privacy Directions

 

I. Name and Contact of the Responsible Person

These Data Privacy Directions inform about the processing of personal Data on the website of the law firm

Rechtsanwälte Heissner & Struck Partnerschaft mbB (hereafter responsible person)
Hudtwalckerstraße 11
D-22299 Hamburg
T: +49(40) 413 05 38-0
F: +49(40) 4802332
E: info@heissner-struck.de

Contact of Data Security Officer:
The Data Security Officer can be contacted under the above contact details and under the email address: dataprotection@heissner-struck.de.

 

II. Collection and Saving of Personal Data and Kind and Purpose of their Use

1. Visit of Website
If a user visits this website www.heissner-struck.de his internet browser will automatically send data to the server of this website. Such data will be saved for a limited amount of time in a log file. Until the automatic erasure the following data will be saved without any specific entry of the user:
– IP-address of the end device of the user,
– date and time of access of the user,
– name and URL of the sites visited by the user,
– websites from which the user has visited our website (so called referrer-URL),
– browser and system software of the end device of the user as well as name of the access provider of the user.

The processing of this personal data is legitimated pursuant Art. 6 section 1 subsection 1 lit. f) General Data Protection Regulation (GDPR). The law firm has a justified interest in the processing of such data for the purpose,
– to establish a connection to the website of the law firm,
– to realise a user friendly performance of the website,
– to detect and safeguard safety and reliability of the systems and
– to facilitate and enhance the administration of the website.
The processing is explicitly not performed for the purpose to collect details about the person of a user of the website. The collected data will be automatically erased once you leave our website.

2. Cookies
Our website places only temporary cookies. Cookies are small files that are created automatically by the browser of the user and that are saved on his end device (computer, laptop, tablet, smartphone), if he visits our website. Cookies collect information that refers to the used end device. The cookies used by our website are exclusively temporary cookies that are exclusively used to enhance the functions of our website and to detect, that you visited specific pages of our website. The cookies are erased automatically if the user leaves our website.
The data processed and saved by the temporary cookies is necessary for said purposes and therefore justified under Art. 6 section 1 subsection 1 lit. f. GDPR.
Most browsers accept cookies automatically. The user can configure his browser in a way that no cookies are saved on his end device or that a note is displayed any time a cookie is saved on his end device. Complete deactivation of cookies may impair the functions of our website.

3. Contact Form
The user may send messages by means of a contact form to us that is available on our website. To receive a reply the user needs to indicate at least his email address. All other information submitted through the contact form is subject to his free discretion. By sending a message by means of the contact form the user consents to the processing of his personal data. Any data procession will be exclusively performed to answer questions and address enquiries raised by the user. This is legitimated by the free consent of the user under Art. 6 section 1 subsection 1 lit. a) GDPR. Additional legitimation can be Art. 6 section 1 subsection 1 lit b) GDPR if the message aims at establishing and performing a contractual relation. Any personal data collected in this context will be erased, once your inquiry has been concluded and no other reasons to retain the data exist (e.g. following assignment of the law firm).

 

III. Transmission of Data

Personal data will be transmitted to third parties if
– pursuant to Art. 6 section 1 subsection 1 lit. a) GDPR the user has explicitly consented,
– transmission is necessary under Art. 6 section 1 subsection 1 lit. f) GDPR to enforce or defend legal claims and there is no obvious reason that the data subject has a predominant interest not to disclose its data.
– it exists a legal obligation under Art. 6 section 1 subsection 1 lit. c) GDPR to transmit such data and/or
– transmission is necessary under Art. 6 section 1 subsection 1 lit. b) GDPR to fulfil obligations under a contract with the data subject.
Your personal data will not be transmitted to third parties in any other circumstance.

 

IV. Rights of the Data Subject

If personal data of a user is processed, he is considered as data subject under the GDPR and he has the following rights:

1. Right of Access
Under Art. 15 GDPR the data subject shall have the right to obtain from the responsible person confirmation as to whether or not personal data concerning him or her are 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 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 the right to request from the responsible person 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 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 section 1 and section 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.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

2. Right to Correction
The data subject has the right to correction and/or completion vis-á-vis the responsible person, if the processed personal data that refer to him are false or incomplete. The responsible person must effect correction immediately.

3. Right to Restriction of Processing
The data subject shall have the right to obtain from the responsible person 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 defence of legal claims;
– the data subject has objected to processing pursuant to Article 21 section 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under the above regulation, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
A data subject who has obtained restriction of processing pursuant to the above regulation shall be informed by the controller before the restriction of processing is lifted.

4. Right to Erasure
a) The data subject shall have the right to obtain from the responsible person the erasure of personal data concerning him or her without undue delay and the responsible person shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
– 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 section 1 subsection 1 lit a) GDPR, or point Article 9 section 2 lit a) GDPR, and where there is no other legal ground for the processing;
– the data subject objects to the processing pursuant to Article 21 section 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 section 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 responsible person is subject;
– the personal data have been collected in relation to the offer of information society services referred to in Article 8 section 1 GDPR.
b) Where the responsible person has made the personal data public and is obliged pursuant to paragraph a) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such responsible person of any links to, or copy or replication of, those personal data.
c) Paragraphs a) and b) shall not apply to the extent that 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 the responsible person is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the responsible person;
– for reasons of public interest in the area of public health in accordance with Article 9 section 2 lit. h) and i) GDPR 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 GDPR in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
– for the establishment, exercise or defence of legal claims.

5. Right to Notification
The responsible person shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16 GDPR, Article 17 section 1 GDPR and Article 18 GDPR to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
The responsible person shall inform the data subject about those recipients if the data subject requests it.

6. Right to Data Portability
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a responsible person, in a structured, commonly used and machine-readable format and have the right to transmit those data to another responsible person without hindrance from the controller to which the personal data have been provided, where:
a) the processing is based on consent pursuant to Article 6 section 1 lit a) GDPR or Article 9 section 2 lit a) GDPR or on a contract pursuant to Article 6 section 1 lit b) GDPR; and
b) the processing is carried out by automated means.
In exercising his or her right to data portability pursuant to the above regulation, the data subject shall have the right to have the personal data transmitted directly from one responsible person to another, where technically feasible.
The exercise of the right referred to above shall be without prejudice to Article 17 GDPR. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the responsible person.
The right referred to above shall not adversely affect the rights and freedoms of others.

7. Right to Object
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Art. 6 section 1 lit. e) or f) GDPR, including profiling based on those provisions. The responsible person shall no longer process the personal data unless the responsible person demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
The data subject may exercise his or her right to object by email to gillessen@heissner-struck.de or by message to the contact details under section I. above.

8. Right to Withdraw a Consent
The user has the right to withdraw any given consent regarding the processing and saving of personal data. Withdrawal does not influence the legitimation of any data processing that has been performed before the consent has been withdrawn.
The data subject may exercise his or her right to object by email to gillessen@heissner-struck.de or by message to the contact details under section I. above.

9. Right to Complain to Regulation Authority
Without prejudice to any other legal remedy under administrative or any other law the data subject shall have the right to complain to a regulation authority, especially in the member state of its domicile, its place of work or the potential violation, if it is of the opinion that the processing of personal data that concerns it is not compliant to GDPR.
The regulation authority the complaint has been filed to, informs the data subject about the status and outcome of the complaint including the possibility of a legal remedy under Art. 78 GDPR.

 

V. Actualisation

These Data Privacy Directions have been updated on 25th May 2018. We reserve the right to amend these Data Privacy Directions from time to time to enhance data protection and/or to adapt changed adjudication.

End of Data Privacy Directions

 



Copyrights

Any rights in the content of our websites are with Heissner & Struck or the relevant authors/right holders named as such. You may print out hard copies or otherwise use the respective content only for your personal purposes, always provided that you keep intact all copyright and proprietary notices contained therein. You may not, however, modify, amend, copy, distribute, make publicly available and/or otherwise use content of our websites without our prior written permission. All rights reserved.



Links to third-party websites

Our websites may contain links to third-party websites over which we have no control and for which we are neither responsible nor liable.



Credits

Oliver Reetz (hanseshot.com): Porträtbilder, Kanzlei