Data protection information

relating to the use of our website (as of 10/2019)

This information provides you with an overview of the processing of your personal data when you visit the website Magellan-rechtsanwaelte.de. We inform you about the data we collect from you and how we use it. We also inform you about your rights under applicable data protection law and who you can contact if you have any questions.

1. Name and Address of Controller

Your contact partner as controller within the meaning of the European General Data Protection Regulation („EU-GDPR”) and other national data protection laws of the member states and other provisions of data protection law is:

Magellan Rechtsanwälte Säugling und Partner mbB
Brienner Straße 11, 80333 Munich, Germany
Tel. +49 89 5880316-10, Fax +49 89 5880316-11
ed.e1582512652tleaw1582512652nasth1582512652cer-n1582512652alleg1582512652am@of1582512652ni1582512652
www.magellan-datenschutz.de

(hereafter “we”, “is” or “our”)

2. Address of Data Protection Officer

Our data protection officer can be contacted at the following address: Inside Datenschutzbeauftragte GmbH Brienner Straße 11, 80333 Munich, Germany, Tel. +49 89 5880316-90, Fax +49 89 5880316-91

3. Provision of the Website and Creation of Log Files

a. Legal Basis

Legal basis for the processing of your personal data in the context of providing the website and the creation of log files is Art. 6 (1)lit. f EU-GDPR.

b. Purpose

The temporary storage of your personal data by us is necessary to enable the website to be delivered to your computer. For this purpose, your personal data must be stored for the duration of the session.

Your personal data are stored in log files to ensure the functionality of the website. Your personal data also help us to optimise the website and to ensure that our IT systems are secure. Your personal data will not be processed in any other way.

c. Duration of Storage

The data are erased as soon as they are no longer necessary to achieve the purpose for which they were collected. In case your personal data are recorded for the purpose of providing the website, this happens as soon as the relevant session has ended.

If your personal data is stored in log files, they will be erased after three months at the latest. If the log files are stored beyond this period, your personal data will be made anonymous so that it is no longer possible to assign them to a website visitor.

d. Objection and Rectification Option

The collection of your personal data for the provision of the website and the storage of your personal data in log files is mandatory for operating the website. Consequently, you cannot object to this data processing.

4. Use of Technically Necessary Cookies

a. Legal Basis

Legal basis for the processing of your personal data in the context of the use of technically necessary cookies is Art. 6 (1) lit. f EU-GDPR.

b. Purpose

The purpose of using technically necessary cookies is to make it easier for you to use our website. Some functions of our website cannot be offered without the use of cookies. For these functions to work your web browser has to be recognised even after a page change. Your personal data will not be processed in any other way.

c. Duration of Storage

The data are erased as soon as they are no longer necessary to achieve the purpose for which they were collected; this happens, in particular, as soon as the relevant session has ended.

d. Objection and Rectification Option

Cookies are stored on your computer and transmitted from the computer to our website. You therefore have complete control over the use of cookies.

By adjusting the settings of your internet browser you can deactivate or restrict the transfer of cookies. Cookies which are already stored may be deleted by you at any time. This can also be done automatically. If you deactivate cookies for our website, you might not be able to use all functions of our website.

5. Contact Form and Contacting us by E-mail

a. Legal Basis

Legal basis for the processing of your personal data transmitted in the course of contacting us is Art. 6 (1) lit. f EU-GDPR. If you contact us to enter into a contract, Art. 6 (1) lit. b EU-GDPR is an additional legal basis for the processing of your personal data.

b. Purpose

The processing of your personal data when contacting us only takes place to process your request.

c. Duration of Storage

The data are erased as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data emailed to us, this is the case when your request has been processed and statutory retention periods do not prevent erasure.

d. Objection and Rectification Option

You can always object to the processing of your personal data in the context of contacting us for the future. In this case, however, we cannot process your request any further. All personal data stored in the context of contacting us will be erased, unless statutory retention periods prevent erasure.

6. Newsletter

a. Legal Basis

Legal basis for the processing of your personal data in the context of sending the newsletter is your given consent, Art. 6 (1) lit. a EU-GDPR.

b. Purpose

The collection of your personal data is for the purpose of sending you the newsletter. The purpose of processing your personal data in the context of sending you the newsletter to keep you informed about the latest developments in data protection law so that your company is always up to date in terms of data protection compliance.

c. Duration of Storage

Your personal data are erased as soon as they are no longer necessary to achieve the purpose for which they were collected. Your personal data will be stored until you unsubscribe from our newsletter.

d. Objection and Rectification Option

You can withdraw your consent to receiving the newsletter at any time or use the unsubscribe link in each newsletter to object to receiving the newsletter for the future.

7. Application

a. Personal Data

 

Insofar as you give your consent for the processing of your personal data, Art. 6 (1) lit. a GDPR, Art. 88 (1) GDPR Sec. 26 (2) German Data Protection Act (BDSG) serves as the legal basis. When processing personal data, which is necessary to justify the employment contract, Art. 6 (1) lit. b EU-DSGVO, Art. 88 (1) EU-DSGVO in conjunction with Sec. 26 (2) BDSG, Sec. 611a German Civil Code (BGB) serves as the legal basis. If the processing of personal data is necessary to fulfil a legal obligation to which we are subject, Art. 6 (1) lit. c EU-DSGVO serves as the legal basis. In the event that vital interests of you or another natural person require the processing of personal data, Art. 6 (1) lit. d EU-DSGVO serves as the legal basis. If the processing is necessary to protect a legitimate interest of us or a third party and your interests, fundamental rights and fundamental freedoms do not outweigh the first mentioned interest, then Art. 6 (1) lit. f GDPR serves as the legal basis for the processing.

 

b. Special Categories of personal data

 

Insofar as we obtain your consent for the processing of special categories of personal data (Art. 9 (1) GDPR), such as religious beliefs, ethnic origin and data concerning health, Art. 9 (2) lit. a GDPR serves as the legal basis. If processing of special categories of personal data is necessary to exercise our rights under labor law social security, social protection legislation and to fulfill our obligations in this regard, Art. 9 (2) lit. b GDPR, Art. 88 (1) GDPR in connection with Sec. 26 (3) BDSG serve as legal basis. If the processing relates to special categories of personal data which you have evidently made public, Art. 9 (2) lit. e GDPR serves as the legal basis. If the processing of special categories of personal data is required for the purpose of health care, occupational medicine or for the assessment of the working capacity of an Employee, Art. 9 (2) lit. h GDPR serves as the legal basis.

 

c. Purposes

 

Your personal data is processed for the purpose of establishing, carrying out and terminating the employment relationship, in particular for the purpose of fulfilling employment contracts, statutory obligations, insofar as they are based on collectively agreed contracts, and obligations under social security law.

 

d. Duration of Storage

 

Your personal data will be erased or blocked as soon as the purpose of storage no longer applies. In addition, your personal data may be stored if the European or national legislator has provided for this in EU ordinances, laws or other regulations to which we are subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless it is necessary to store the data further for the conclusion or performance of a contract. Afterwards we store your data inter alia for the following periods: Application documents and data, after decision on non-occupation, up to six months, burden of proof of discrimination, time limit Sec. 21 (5), Sec. 22 General Act on Equal Treatment (AGG). Application documents otherwise: Time sheets two years pursuant to Sec. 16 (2) Working Hour Act (ArbZG) in the event of dissolution, termination of employment.

 

e. Objection and Rectification Option

 

The processing of your personal data in the context of your employment is absolutely necessary for the establishment, execution and termination of your employment. Consequently, you cannot object to this. If the processing of your personal data takes place on the basis of your consent, you have the possibility to revoke your given consent at any time.

 

8. Data Protection Requests Pursuant to Art. 12 et seq. EU-GDPR

a. Legal Basis

Legal basis for processing of your personal data in the context of processing your data protection request (“data protection request”) is Art. 6 (1) lit. c , Art. 12 et seq. EU-GDPR. Legal basis for the subsequent documentation of the legally compliant processing of a data protection request is Art. 6 (1) lit. f EU-GDPR.

b. Purpose

The purpose of processing your personal data in the context of processing your data protection request is to answer your data protection enquiry. The subsequent documentation of the legally compliant processing of the respective data protection request is to fulfil the legally required accountability, Art. 5 (2) EU-GDPR.

c. Duration of Storage

The data are erased as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the processing of data protection requests, pursuant to Sec. 41 BDSG in connection with Sec. 31 (2) No. 1 OWiG, this is three years after the respective process has ended.

d. Objection and Rectification Option

You can object to the processing of your personal data for the future at any time in the context of the processing of data protection requests. In this case, however, we will not be able to process your data protection request any further. The documentation of the legally compliant processing of the respective data protection request is mandatory. Consequently, you cannot object to this data processing.

9. Defending and Enforcing Legal Claims

a. Legal Basis

Legal basis for the processing of your personal data in the context of defending and enforcing legal claims is Art. 9 (2) lit. f or Art. 6 (1) lit. f EU-GDPR.

b. Purpose

The purpose of processing your personal data in the context of defending and enforcing legal claims is the defense of unjustified claims and the legal enforcement of claims and rights.

c. Duration of Storage

The data are erased as soon as they are no longer necessary to achieve the purpose for which they were collected.

d. Objection and Rectification Option

The processing of your personal data in the context of defending and enforcing legal claims is absolutely necessary for the defense and enforcement thereof. Consequently, you cannot object to this.

10. Categories of Recipients

Within our company, those bodies and departments receive personal data that they need to fulfil the aforementioned purposes. In some cases we use various types of service providers and transfer your personal data to other trusted recipients. These can include:

  • Shredder
  • Banks/Kredit Institutes
  • Human Resource Department
  • IT service provider
  • Personalabteilung
  • Lawyers, courts and tax consultans
  • insurance companies
11. Your Rights

You have the following rights against us:

a. Right of Access

You have the right to access as to whether or not and, if so, what your personal data of you are being processed by us. Is this the case, we will additionally give you access to the following:

  • the purpose of the processing;
  • the categories of data;
  • the recipients of your personal data;
  • the envisaged period of storage or the criteria used to determine the envisaged period of storage;
  • any other rights you have;
  • where we have not obtained the personal data from you: Any available information as to their source;
  • if available: the existence of automated decision-making and any information about the logic involved, as well as the significance and the envisaged consequences of the processing.

b. Right to Rectification

You have the right to rectification and/or completion of the personal data that is being processed by us, if it is inaccurate or incomplete.

c. Right to Restriction of Processing

You have the right to restriction of processing of your personal data, provided that

  • we verify the accuracy of your personal data being processed by us;
  • the processing of your personal data is unlawful;
  • you need the personal data being processed by us for the purpose of prosecution when we no longer need your personal data for the purpose of processing;
  • you have objected to the processing of your personal data and we are in the process of verifying your objection.

d. Right to Erasure

You have the right to erasure of your personal data, provided that

  • we no longer need your personal data for its original purpose;
  • you withdraw your consent and there is no other legal ground for processing your personal data;
  • you object to the processing of your personal data and, unless it is about direct marketing, there are no overriding grounds for further processing;
  • the processing of your personal data is unlawful;
  • the erasure of your personal data is required by law;
  • your personal data have been collected in relation to the offer of information society services when you were a minor.

e. Right to Notification

If you have asserted your right to rectification, erasure of data or restriction of processing, we will communicate any rectification, erasure of data or restriction of processing to any recipients of your personal data.

f. Right to Data Portability

You have the right to receive your personal data processed by us on the basis of your consent or for the performance of a contract in a structured, commonly used and machine-readable format as well as to transmit them to another controller. If it is technically feasible, you have the right to have them directly transmitted from us to another controller.

g. Right to Object

You have the right to object to the processing of your personal data on particular grounds. If this is the case, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing. If your personal data is being processed for the purpose of direct marketing, you have the right to object at any time.

h. Right of Withdrawal

You have the right to withdraw your consent given to us at any time. The withdrawal of the consent does not affect the lawfulness of the processing carried out based on the consent before your withdrawal.

i. Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, if you believe that the processing of your personal data by us violates the regulations of the EU-GDPR. The competent regulatory authority for us is:

Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 18
91522 Ansbach, Germany
Tel.: +49 981 180093-0
Fax: +49 981 180093-800
E-mail: ed.nr1582512652eyab.1582512652adl@e1582512652llets1582512652tsop1582512652

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