Privacy Protection

Privacy Policy

At the law firm ADVANT Beiten, we are pleased that you are interested in our internet presence and wish to make your online visit to our internet presence as convenient as possible for you. We are placing great value on the protection of your individual privacy. Below you will therefore find information on the handling of your personal data and your respective rights.

A. Controller / Data Protection Officer

With regard to the processing of your personal data in connection with this internet presence, we are the "Controller" within the meaning of Article 4 (7) of the General Data Protection Regulation (GDPR).

In this function we can be reached as follows:

BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH
Ganghoferstrasse 33
80339 Munich

Phone: +49 89 35065-0
Fax: +49 89 35065-123
E-mail: munich@advant-beiten.com

Gesetzliche Vertreter: Philipp Cotta, Dr. Thomas Drosdeck, Dr. Detlef Koch, Dr. Guido Krüger, Dr. Hans-Peter Mechlem, Frank Oprée, Oliver Schwarz, Prof. Dr. Hans-Josef Vogel, Dr. Christian Ulrich Wolf

Our Data Protection Officer can be contacted by e-mail to: Datenschutz@advant-beiten.com

This Privacy Policy applies to this internet presence operated by us (hereinafter also referred to as "Website") as well as to further processing activities in connection with advertising and communication of our law firm described below. Should offers from other providers ("Third Party Offers") be accessible from our website, our Privacy Policy does not apply to these Third Party Offers. In this case we are also not controller regarding the processing of your personal data within the context of such Third Party Offers as defined in Article 4 (7) GDPR.

B. Nature and Scope of Data Processing in Detail

1. Processing of access data

Nature and purpose of the processing:

You may visit our Website without providing any personal information. We merely store the following access data in server log files:

  • Host name of accessing computer
  • IP address (anonymised)
  • Date and time of Website retrieval
  • Type of browser
  • Operating system,
  • Referrer URL (website previously visited)

The IP address can be personal data due to the fact that, under certain circumstances and with information provided by the respective internet provider, it is possible to identify the specific individual that has used the internet access. However, we process and store the IP address solely in anonymised form, without reference to a specific individual.

Recipient:

We provide the above listed data to the web agency which acts as processor for us and renders web analysis services to us.

Retention period:

The above listed data will be deleted as soon as they are no longer necessary for the purpose for which they are collected. Where data are collected only for the provision of the Website, this is principally the case when a session ends.

In case further data are stored in log files, this is the case no later than after 30 days.

2. Data processing to process your request

Nature and purpose of the processing:

We process such personal data you have deliberately provided when you established contact with us, in particular by e-mail.

Such data are processed only for the correspondence with you and for the purpose for which you have made the data available, always in the context of this communication, as for instance to process your request or to contact you at your request.

Legal basis:

In this case the processing is carried out with your consent pursuant to Article 6 (1) lit. a GDPR. Insofar as the processing is necessary for the fulfilment of a contract with you or for the implementation of pre-contractual measures upon your request, the legal basis is Article 6 (1) lit. b GDPR.

Retention period:
After completion of your request, your data are blocked for further use and erased upon expiry of any retention terms, if so required, unless you have given your express consent to further use of your data, or unless we are otherwise entitled to store them.

3. Newsletters

Nature and purpose of data processing:

If you sign up for our e-mail newsletters on our Website, we will process the following (personal) data:

  • E-mail address,
  • Choice of newsletter topics you would like to receive,
  • Confirmation that you have taken note of our Privacy Policy,
  • Date & time when you have given your consent
  • IP address.

Your e-mail address and the choice of topics are processed for the dispatch of newsletters by e-mail to you. The provision of these data are necessary to receive our newsletter.

The processing of further data serve documentation purposes and to provide evidence of your subscription.

Additional details regarding your first and last name including title and regarding the company for which you act and the position you hold may be provided optionally. If you provide us with such data, we will use them to personalise our e-mails to you as well as to create a newsletter offer in your interest and benefit.

Legal basis:

Processing your e-mail address is carried out with your consent pursuant to Article 6 (1) lit. a GDPR. We ensure your consent by using the so-called double opt-in system. After sign-up you will first receive an e-mail requiring you to confirm your subscription by clicking a link. The confirmation is necessary to ensure that no third party signs up to our newsletter with your e-mail address. Only if confirmed your sign-up will become effective.

Logging your IP address as well as date and time of your consent and confirmation that you have taken note of our Privacy Policy is carried out on the basis of our legitimate interest according to Article 6 (1) lit. f GDPR in being able to document ‑ and in cases of doubt provide evidence of ‑ your consent to receiving the newsletter.

You can unsubscribe from our newsletters at any time, via a link provided for this purpose in each newsletter or by e-mail to the following address: CRMVersendungen@advant-beiten.com

Recipient:

We make available the data provided to us for the newsletter sign-up to the service provider which acts as processor to dispatch the newsletters for us.

Retention period:
You may withdraw your consent to receive our newsletter by unsubscribing at any time with effect for the future. In this case we will erase the data you have provided in connection with the subscription of the newsletter insofar as there are no statutory retention responsibilities or we are not otherwise entitled to store.

4. Invitations to events

Nature and purpose of the processing:

Should you provide us with your postal and/or electronic contact details (mailing and/or e-mail address) for this purpose, we will use such data to issue invitations to you to take part in events either organised by us or with our participation. The provision of these data is necessary if you wish to receive respective invitations from us.

By providing additional details such as your first and last name including title and your industry you allow us to personalise such invitations, taking account of your personal fields of interest.

If you register your participation in an event organised by us, we will use your personal information to confirm your registration and to prepare a list of participants. This list of participants will be forwarded to the respective speaker or event manager.

Legal basis:

In this case the processing is carried out with your consent pursuant to Article 6 (1) lit. a GDPR.

Recipient:

The data you provide will be forwarded to the respective speaker or event manager.

Retention period:

You may withdraw your consent to receive invitations to events at any time with effect for the future. Upon withdrawal of your consent we will erase the personal data provided by you, insofar as there are no statutory retention periods or we are not otherwise entitled to retention.

5. Applicant data

Nature and purpose of the processing:

If you apply for a job through our Website, we will collect the following data during this process:

  • Title, last name and first name
  • E-mail address
  • Further information and documents such as cover letter, curriculum vitae, certificates, etc. which you have provided to us in the context of your application

The provision of these data is necessary for your application.

Your data will only be used for the decision on whether to establish an employment relationship with you and are internally forwarded only to the responsible contact persons who will decide on the staffing of the position you are interested in. If you do not apply for a specific vacancy (unsolicited application), we will use your data for all positions which are vacant at the time of your application and which meet your requirements or requests.

Legal basis:

We are entitled to data processing for this purpose pursuant to Article 88 GDPR in conjunction with section 26 (1) 1 German Federal Data Protection Act (BDSG).

Retention period:

We will erase your data after completion of the application process upon expiry of a retention period of 6 months. Any further retention shall be carried out only if you have given your consent to participate in the ADVANT Beiten talent pool. We are using the talent pool when searching for suitable candidates. In this case all your data can be accessed and viewed by ADVANT Beiten practice groups and staff members involved in the application process to check whether your profile matches the requirements of current job vacancies. We will erase your career data stored for the talent pool after 2 years, unless you request earlier erasure from us.

6. Use of unsolicited data

Nature and purpose of the processing:

Should you provide us with your personal data without being requested in other cases (e.g. handing over a business card, forwarding by post or e-mail), we will add these data to our address management software and store it there.

Legal basis:

Data processing in this case is performed on the basis of Article 6 (1) lit. f GDPR and our legitimate interest in an efficient management of business contact data as well as to ensure the data protection compliant use of such data.

Retention period:

These data shall be erased if so requested by you, insofar as there are no statutory retention responsibilities or we are not otherwise entitled to store such data.

7. General information on cookies and used services

We use so-called cookies on our Website. Cookies are data files that are stored by the internet browser on your device. A cookie contains a sequence of characters which enables an unambiguous identification of your browser when the website is accessed again. Cookies cannot execute programmes or transfer viruses to your computer.

Generally you can set your browser options to inform you when cookies are placed, to stop accepting cookies automatically or in certain cases, or to allow placing cookies only in individual cases. You can also delete stored cookies in your browser settings. However, if cookies are disabled our Website's functionality may be limited. You will find the relevant setting options:

If clicking the link does not open the settings page, we recommend to manually copy the link and open it in a new tab or window of your browser.

We use both cookies which are absolutely necessary to operate our Website ("technically necessary cookies") as well as cookies serving analysis, marketing and other convenience purposes ("other cookies").

In detail, we use the following cookies:

a. Google Analytics

On this Website, we may use Google Analytics, a web analysis service provider by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, whose parent company is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Nature and purpose of the processing:

The information generated by the Google Analytics cookies on the Website use (including your IP address) may be transmitted to servers of Google in the United States and stored there. We use the extension “_anonymizeIP()” on this Website to ensure that only an anonymised IP address (so-called masked IP address) will be stored. Therefore, your IP address is truncated within the Member States of the EU or other states which signed the Agreement on the European Economic Area, before being sent to Google. Only in exceptional cases will the full IP address be transferred to a Google server in the United States and shortened there.

Google uses the mentioned information in order to analyse your use of the Website, to compile aggregated reports on the Website activity and to provide us with other services related to the Website usage, such as evaluating which pages and sources led visitors to our Website.

The IP address, transmitted by your browser through Google Analytics, will not be associated with any other data stored by Google.

Google also processes the data collected via Google Analytics in accordance with their own privacy policy which you can find under: https://policies.google.com/privacy. There you will also find additional information on Google's handling of personal data and on your rights.

For further details on the data processing with Google Analytics, please visit https://marketingplatform.google.com/about/analytics/terms/de/ and, in particular for details on the implementation of the data subject's rights which you exercised, under https://privacy.google.com/businesses/processorterms/.

We use Google Analytics in order to analyse the use of our internet offer and to improve it continuously with respect to the user experience. For this purpose, we require information and statistics on how visitors interact with the Website, which allows us to gain insight into how we could enhance the Website and make it more relevant and interesting for visitors.

Further tips to avoid Google Analytics cookies

You can also prevent the collection and transmission of the data generated by cookies and related to your Website use (including your IP address) to Google, as well as the processing of this data by Google by means of a browser add-on by downloading and installing the browser add-on under https://tools.google.com/dlpage/gaoptout?hl=de. Please note that you have to reinstall the browser add-on to disable Google Analytics if your browser or device is deleted, formatted or reinstalled afterwards.

Legal Basis

The legal basis for the processing of your personal data is your consent pursuant to Article 6 (1) lit. a GDPR.

You may withdraw your consent at any time with effect for the future. To do this, you can change your cookie settings via this link on our website.

Note: If you consent to the use of Google Analytics, at the same time you give your consent to the processing of your personal data in the USA. According to the Court of Justice of the European Communities, the USA offer a level of data protection that is inadequate compared to that of the European Union. In particular, there is a risk that US authorities access your data. If you do not consent to the use of Google Analytics, there will be no transmission of your personal data to the USA.

Recipient:

Recipients of the data can be Google Ireland Ltd. and Google LLC.

Retention period:

The cookies used by Google Analytics are stored on your device for a maximum of 2 years.

Any data sent by us and linked to cookies, user identification (for example user IDs) or advertising IDs will be automatically erased after 14 months. Data for which the retention period has expired will be deleted once a month by default.

b. Vimeo-Videos

Art und Zweck der Verarbeitung:

Auf unserer Website nutzen wir zur Anzeige von Inhalten (wie Videos) die Einbettungsfunktion der Videoplattform Vimeo, die bereitgestellt wird von der Vimeo Inc., 555 West 18th Street, New York, 10011, USA ("Vimeo"). Wenn Sie einen Teil unserer Website mit Vimeo-Inhalten aufrufen, wird eine Verbindung zu den Servern von Vimeo hergestellt. Dadurch erhält Vimeo Ihre IP-Adresse sowie die Information, dass Sie unsere Website besucht haben, sofern Sie die Vimeo-Videos abspielen. Wenn Sie in Ihrem Vimeo-Account eingeloggt sind, kann diese Information auch direkt Ihrem persönlichen Profil zugeordnet werden. Dies können Sie verhindern, indem Sie sich zuvor aus Ihrem Vimeo-Account ausloggen.

Die Einzelheiten zum Datenschutz bei Vimeo, insbesondere zu Art, Umfang und Zweck der Datenverarbeitung, finden Sie in der Datenschutzerklärung unter: https://vimeo.com/privacy.

Um ein angemessenes Datenschutzniveau bei der Übermittlung Ihrer personenbezogenen Daten in die USA zu gewährleisten, haben wir EU-Standarddatenschutzklauseln mit Vimeo abgeschlossen und die "Do Not Track"-Funktion von Vimeo aktiviert.

Legal basis:

Die Verarbeitung erfolgt auf Basis Ihrer Einwilligung i.S.v. Art. 6 Abs. 1 lit. a) DSGVO. Diese Einwilligung können Sie jederzeit mit Wirkung für die Zukunft widerrufen.

Weitere die Einzelheiten zum Datenschutz bei YouTube und Google, insbesondere zu Art, Umfang und Zweck der Datenverarbeitung, finden Sie in der Datenschutzerklärung unter: https://www.google.de/intl/de/policies/privacy.

Recipient:

Recipient of the data can be Vimeo Inc.

Retention period:

Vimeo cookies will be deleted once you leave our Website.

c. YouTube-Videos

Nature and purpose of the processing:

To show contents (such as videos) on our Website we use the embedding function of the video platform YouTube which is provided by YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA ("YouTube"), a subsidiary of Google. When you visit one of our pages featuring a YouTube content, a connection can be established to YouTube or Google servers. Thereby, they obtain your IP address as well as the information that you visited our Website, insofar as you play the YouTube videos. If you are logged in to your YouTube account, this information can also be directly associated with your personal profile. You may prevent this by logging out of your YouTube account in advance.

Further, YouTube statistically evaluates the views of the videos with the help of cookies, among other things, and uses these data independently without us being able to disable or influence this evaluation. However, we only embed the videos using the so-called enhanced data protection mode, so that these cookies are only set by YouTube when you play the videos.

Legal basis:

The processing is carried out with your consent in terms of Article 6 (1) lit. a GDPR. You may withdraw this consent at any time with effect for the future.

You can find further details on data protection at YouTube and Google, particularly on nature, extent and purpose of data processing, in the privacy policy: https://policies.google.com/privacy?hl=en-GB.

Note: If you consent to the use of YouTube, at the same time you give your consent to the processing of your personal data in the USA. According to the Court of Justice of the European Communities, the USA offer a level of data protection that is inadequate compared to that of the European Union. In particular, there is a risk that US authorities access your data. If you do not consent to the use of YouTube, there will be no transmission of your personal data to the USA.

Recipient:

Recipients of the data can be YouTube LLC, Google Ireland Ltd. and Google LLC.

Retention period:

YouTube cookies will be deleted once you leave our Website.

d. Podcasts

Nature and purpose of the processing:

You have the option to retrieve our podcast on our Website. For this purpose we use the service provider Podbean Tech Inc. 135 E 57th Street, 14th Floor, New York NY 10022, USA ("Podbean").

When you visit one of our pages featuring a Podbean content, a connection can be established to Podbean servers. Thereby, Podbean obtains your IP address as well as the information that you visited our Website.

Legal Basis

The processing is carried out with your consent in terms of Article 6 (1) lit. a GDPR. You may withdraw this consent at any time with effect for the future.

You can find further details on data protection at Podbean, particularly on nature, extent and purpose of data processing, in the privacy policy: https://www.podbean.com/privacy.

Note: If you consent to the use of Podbean, at the same time you give your consent to the processing of your personal data in the USA. According to the Court of Justice of the European Communities, the USA offer a level of data protection that is inadequate compared to that of the European Union. In particular, there is a risk that US authorities access your data. If you do not consent to the use of Podbean, there will be no transmission of your personal data to the USA.

Recipient:

Recipient of the data can be Podbean Tech Inc.

Retention period:

Podbean cookies will be deleted once you leave our Website.

8. Data privacy notice for participants in our online seminars

Nature and purpose of the processing:

As part of your registration for our online seminars, we process the following personal data about you:

First name and family name
E-mail address
Company/organisation

This is done in order to be able to plan and conduct the organisation of your participation in the online seminar and to be able to communicate with you, especially in response to your questions, before and after the seminar. The provision of these data is necessary if you wish to participate in an online seminar.

Insofar as you provide voluntary information, we will collect also the following data for the above-mentioned purposes:

Position
Industry

Your data as well as additionally any questions you may have during the online seminar will be stored by us in the form of an Excel file, so that we can respond to your questions afterwards.

If you expressly give your consent, the data you provide will also be stored and used to send you ADVANT Beiten information material, in particular in the form of invitations to events or information on new jurisdiction or the development of the legal situation. You may withdraw this consent at any time with effect for the future.

Legal Basis

Insofar as you have registered yourself for the online seminar, the legal basis for the processing of your data is Article 6 (1) lit. b GDPR. Beyond that we claim a legitimate interest in terms of Article 6 (1) lit. f GDPR. There is also a legitimate interest in a continued storing of your data, as this is the only way to ensure that we are able to respond to any questions later.

Recipient:

We will share the data you provide with the respective speaker of the online seminar. This is done on the basis of the legitimate interest of the speaker who can evaluate the online seminar in this respect.

To the extent necessary in assisting you as our client, your data will also be passed on to the respective responsible professionals at ADVANT Beiten. Also in this case we have a legitimate interest.

Retention period:

Your data, as well as any questions, will be stored for a maximum of six months.

C. Your Rights

In the context of our processing of your personal data you have the following rights:

1. Withdrawal of given consents

You may withdraw your consent at any time with effect for the future.

2. Access

You have to right to request access to your stored personal data. In addition to that, you have the right to obtain access to the information listed in Article 15 GDPR.

3. Rectification and erasure

Above that, you have the right to obtain rectification of inaccurate personal data in accordance with Article 16 GDPR as well as erasure of your personal data if the conditions referred to in Article 17 GDPR are met.

4. Restriction of processing

Under the conditions set out in Article 18 GDPR you have the right to obtain restriction of the processing of your personal data.

5. Disclosure of data and data transmission

In addition, 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. You also have the right to have us transmit these personal data to another controller on your instruction, where technically feasible. The right to data transmission only relates to personal data, the processing of which is based on consent pursuant to Article 6 (1) lit. a GDPR or on a contract pursuant to Article 6 (1) lit. b GDPR, and where the processing is carried out by automated means. The right to data transmission to another controller shall be excluded if the rights and freedoms of others (such as personal data of third parties, our business and trade secrets or intellectual property rights) would be adversely affected.

You can exercise all the above rights generally free of charge.

6. Right to object

Pursuant 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 to the extent that it is based on Article 6 (1) lit. e or lit. f GDPR. In the event of such objection we will no longer process these data, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

 

In case of manifestly unfounded or, in particular because of their repetitive character, excessive applications relating to the rights under 2. through 6., we may, however, in accordance with Article 12 (5) GDPR either

a. charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested, or

b. refuse to act on the request.

To exercise your rights, please contact our data protection officer at Datenschutz@advant-beiten.com.

7.        Right to lodge a complaint

Should you feel that we are not acting in proper compliance with our data privacy duties, you may contact the data protection authorities at any time.
The data protection commissioner responsible for us can be reached as follows:

Bayerisches Landesamt für Datenschutzaufsicht (Bavarian State Data Protection Authority)
Postfach 1349
91504 Ansbach
Germany

Phone: +49 (0) 981 180093-0
Fax: +49 (0) 981 180093-800
E-mail: poststelle@lda.bayern.de

D. Obligation to provide data

There is no legal or contractual obligation to provide personal data to us. However, with respect to such data which are absolutely necessary for the performance of the respective service (see above in each case), the provision is necessary if you want to make use of these services.

E. Updating this Privacy Policy

From time to time it may be necessary to update this Privacy Policy, for instance due to new statutory or official requirements or new offers of our Website. We shall keep you informed about any developments on this page. We generally recommend reading this Privacy Policy regularly to check whether any changes were introduced. You will recognise if any changes have been made as the status at the bottom of this document indicates the last update.

H. Printing and saving this Privacy Policy

You can print and save this Privacy Policy immediately, for example through the print and save function of your browser.

Last update: July 2022