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Legal noticeLawyer Dr. Florian Kress Telephone: 0049 89 55 87 98 10 VAT-ID-No.: DE241361021 Job title: Lawyer Bar association and responsible supervisory
authority: Professional regulations: Professional rules of
engagement for lawyers (Berufsordnung für Rechtsanwälte
- BORA)
Rules for specialialised
lawyers (Fachanwaltsordnung - FAO)
Law on the activities of
European lawyers in Germany (EuRAG)
Professional rules of
europeean lawyers in the Eureopean Union
(CCBE-Berufsregeln)
Please find all relevant professional regulations also here: www.brak.de The professional liability is at the Allianz Versicherungs-AG in 10900 Berlin. The areal scope of coverage includes activities in member countries of the European Union and will do at least the requirements of § 51 of the Lawyers' Act, § 67 of the Tax Advisory Law, §§ 51 ff Regulation implementing the provisions on tax consultant, tax agents and tax firms, § 54 Auditor's Code in connection with Regulation over the professional liability insurance for accountants and certified accountants. The European Commission provides a platform for online dispute resolution. You can find these at http://ec.europa.eu/consumers/odr/. The law firm Kress does not participate in dispute resolution before a consumer arbitration board. Responsible person for the content: Lawyer Dr. Florian Kress Adamstrasse 4, 80636 Munich, Germany Telephone: 0049 89 55 87 98 10 Facsimile: 0049 89 55 87 98 13 Email: info@fakress.de Disclaimer: The information materials and opinions contained on this website are for general infor purposes mation only, are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Rechtsanwalt Florian Kress does not accept any responsibility for any loss which may arise from reliance on information or materials published on this website. Certain parts of this site link to external internet sites, and other external internet sites may link to this website. Rechtsanwalt Florian Kress is not responsible for the content of any external internet sites. Privacy policy: Rechtsanwalt Florian Kress may use ‘cookies’ on this web site. These are text files stored by your web browser on your computer that provide information about your use of the site or enable the site to be personalised for your use. Most web browsers automatically accept cookies, but if you decide that you do not want to utilise cookies then you can amend your browser settings to prevent this. You will still be able to use the web site without enabling cookies. The cookies do not contain any personally identifying information and this information cannot be accessed by using them. In addition, our cookies do not collect or record any information regarding how you are using your PC or Internet browser in any manner. Scope This data protection declaration clarifies users about the type, scope and purpose of the collection and use of personal data by the responsible provider of this website (hereinafter "offering"). Security and protection of your personal data We consider it our primary task to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. That is why we use the utmost care and the latest security standards to ensure maximum protection of your personal data. As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that data protection regulations are observed both by us and by our external service providers. Definitions The legislator requires that personal data be processed in a lawful manner, in good faith and in a manner that is comprehensible for the data subject (“lawfulness, processing in good faith, transparency”). In order to ensure this, we inform you about the individual legal definitions that are also used in this data protection declaration: 1. Personal Data "Personal data" means any information relating to an identified or identifiable natural person (hereinafter "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 one or more special features that express the physical , physiological, genetic, psychological, economic, cultural or social identity of that natural person. 2. Processing "Processing" is any process carried out, with or without the aid of automated processes, or any such series of processes in connection with personal data, such as collection, recording, organization, ordering, storage, adjustment or modification, reading, querying , use, disclosure by transmission, distribution or any other form of making available, matching or linking, restriction, deletion or destruction. 3. Restriction of Processing "Restriction of processing" is the marking of stored personal data with the aim of restricting their future processing. 4. Profiling "Profiling" is any type of automated processing of personal data which consists in using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, analyze or predict personal preferences, interests, reliability, behavior, location or relocation of that natural person. 5. Pseudonymization "Pseudonymization" is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal Data cannot be assigned to an identified or identifiable natural person. 6. File system "File system" is any structured collection of personal data that is accessible according to certain criteria, regardless of whether this collection is centralized, decentralized or organized according to functional or geographical aspects. 7. Controller "Responsible" is a natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data; if the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for his naming can be provided for by Union law or the law of the Member States. 8. Processors "Processor" is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible. 9. Recipient "Recipient" is a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients; the processing of this data by the said authorities is carried out in accordance with the applicable data protection regulations in accordance with the purposes of the processing. 10. Third 11. Consent "Consent" by the data subject is any voluntarily given, informed and unequivocal expression of will in the form of a declaration or other unequivocal confirmatory action with which the data subject makes it clear that the processing of data concerning them is to be carried out agrees to personal data. lawfulness of processing The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for processing can be in accordance with Article 6 (1). lit. a - f GDPR in particular: The data subject has given their consent to the processing of their personal data for one or more specific purposes; the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures at the request of the data subject; the processing is necessary for compliance with a legal obligation to which the controller is subject; the processing is necessary to protect vital interests of the data subject or another natural person; the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been assigned to the person responsible; processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject that require the protection of personal data prevail, in particular if the data subject is a child . Information about the collection of personal data (1) In the following we inform you about the collection of personal data when using our website. Personal data are e.g. B. name, address, e-mail addresses, user behavior. (2) If you contact us by e-mail or via a contact form on this website, the data you provide (your e-mail address, your name and telephone number if applicable) will be stored by us in order to answer your questions . We delete the data arising in this context after the storage is no longer necessary, or the processing is restricted if there are statutory storage obligations. Collection of personal data when visiting our website "Third party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct responsibility of the controller or processor, are authorized to process the personal data. If you only use the website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you want to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR): IP address Date and time of the request Time zone difference to Greenwich Mean Time (GMT) Content of the request (specific page) Access Status/HTTP Status Code amount of data transferred Website from which the request comes browsers Operating system and its interface Browser software language and version. Use of cookies (1) 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 in the browser you are using and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall. (2) This website uses the following types of cookies, the scope and functionality of which are explained below: Transient cookies (see a.) Persistent cookies (see b.) a) 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 joint session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser. b) Persistent cookies are automatically deleted after a specified period, which can vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time. c) You can configure your browser settings according to your wishes and e.g. B. refuse to accept third-party cookies or all cookies. So-called "Third Party Cookies" are cookies that were set by a third party, and therefore not by the actual website you are currently on. We would like to point out that if you deactivate cookies you may not be able to use all the functions of this website. d) We use cookies to identify you for subsequent visits if you have an account with us. Otherwise you would have to log in again for each visit. children Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or guardians. rights of the data subject (1) Withdrawal of Consent If the processing of the personal data is based on a given consent, you have the right to revoke the consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can contact us at any time to exercise your right of withdrawal. (2) Right to Confirmation You have the right to request confirmation from the person responsible as to whether we are processing personal data relating to you. You can request confirmation at any time using the above contact details. (3) Right to information If personal data is processed, you can request information about this personal data and the following information at any time: 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 organizations; if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria used to determine that duration; the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing; the existence of a right of appeal 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 in accordance with Article 22 Paragraphs 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject. If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate guarantees in accordance with Article 46 GDPR in connection with the transfer. We provide a copy of the personal data that is the subject of the processing. For any additional copies you request, we may charge a reasonable fee based on administrative costs. If you submit the application electronically, the information must be made available in a common electronic format, unless otherwise stated. The right to receive a copy under paragraph 3 shall not affect the rights and freedoms of any other person. (4) Right to Rectification You have the right to demand that we correct any incorrect personal data concerning you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration. (5) Right to erasure (“right to be forgotten”) You have the right to request that the person responsible delete personal data concerning you immediately, and we are 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 revokes their consent on which the processing was based pursuant to Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing. The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR. The personal data have been unlawfully processed. Erasure of the personal data is necessary to fulfill a legal obligation in Union or Member State law to which the controller is subject. The personal data was collected in relation to information society services offered in accordance with Article 8 (1) GDPR. If the person responsible has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall take appropriate measures, including technical ones, to inform those responsible for data processing who process the personal data, taking into account the available technology and the implementation costs to inform that a data subject has requested them to delete all links to this personal data or copies or replications of this personal data. The right to erasure ("right to be forgotten") does not exist if the processing is necessary: to exercise the right to freedom of expression and information; to fulfill a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority that has been delegated to the controller; for reasons of public interest in the field of public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3 GDPR; for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 paragraph 1 GDPR, insofar as the law referred to in paragraph 1 is likely to make it impossible or seriously impair the achievement of the objectives of this processing, or to assert, exercise or defend legal claims. (6) Right to restriction of processing You have the right to request us to restrict the processing of your personal data if one of the following conditions is met: 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 refuses to have the personal data deleted and instead requests that the use of the personal data be restricted; the person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims, or the data subject has lodged an objection to the processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If the processing has been restricted in accordance with the above conditions, this personal data - apart from its storage - will only be used with the consent of the person concerned or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons an important public interest of the Union or a Member State. In order to assert the right to restriction of processing, the person concerned can contact us at any time using the contact details given above. (7) Right to Data Portability You have the right to receive the personal data that you have provided to us in a structured, common and machine-readable format, and you have the right to transfer this data to another person responsible without hindrance by the person responsible for providing the personal data were to be transmitted, provided that: a. the processing is based on consent pursuant to Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a or on a contract pursuant to Article 6 Paragraph 1 Letter b GDPR and b. the processing is carried out using automated procedures. When exercising the right to data portability in accordance with paragraph 1, you have the right to obtain that the personal data is transmitted directly from one controller to another controller, insofar as this is technically feasible. Exercising the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing that is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been assigned to the person responsible. (8) Right to Object You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data relating to you, which is based on Article 6 paragraph 1 letter e or f GDPR; this also applies to profiling based on these provisions. The person responsible no longer processes the personal data unless he 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 personal data is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes. In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you can exercise your right to object by means of automated procedures using technical specifications. You have the right, for reasons arising from your particular situation, to object to the processing of your personal data for scientific or historical research purposes or for statistical purposes pursuant to Article 89 paragraph 1, unless the processing is necessary to fulfill a task in the public interest. You can exercise your right to object at any time by contacting the person responsible. (9) Automated individual decision-making including profiling You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision: a. is necessary for the conclusion or performance of a contract between the data subject and the person responsible, b. is permissible on the basis of legal provisions of the Union or the Member States to which the person responsible is subject and these legal provisions contain appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or c. with the express consent of the data subject. The controller shall implement appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including 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. The person concerned can exercise this right at any time by contacting the person responsible. (10) Right to lodge a complaint with a supervisory authority You also have, without prejudice to any other administrative or judicial remedy, the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement, if the data subject believes that the processing of data concerning them personal data violates this regulation. (11) Right to an effective judicial remedy Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that the rights to which you are entitled under this Regulation as a result of a non-compliance with this processing of their personal data pursuant to the Regulation has been violated. Integration of Google Maps (1) We use Google Maps on this website. This enables us to show you interactive maps directly on the website and enables you to conveniently use the map function. (2) By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration will be transmitted. This takes place regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are 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 advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. (3) Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the provider's data protection declaration. There you will also find further information on your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. |
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