Data Protection / Legal Disclaimer

DATA PROTECTION DECLARATION

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When using this website, various personal data are collected. Personal data is data with which you can be personally identified. This privacy policy explains which data we collect and what we use if for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

GENERAL INFORMATION

Note on the responsible entity

The responsible body for data processing on this website according to Art. 4 (7) GDPR is:

ERNICKE Patent- und Rechtsanwälte PartmbB
Beim Glaspalast 1
86153 Augsburg

Phone: +49 (0) 821 568 99-0

E-Mail: info@ernicke.com

Contact details of the data protection officer

We have appointed a data protection officer for our company, who can be contacted under the following address:

Johannes Ernicke
Beim Glaspalast 1
86153 Augsburg

Phone: +49 821 56899 0
E-Mail: info@ernicke.com

Types of data processed

Personal data is being processed during the visit and use of our online offer. Personal data is all data that can be related to you personally, e.g. name, address, e-mail address. If you provide us with personal data, we store and use your data in accordance with the legal requirements, e.g. for the fulfillment of contracts, answering inquiries or pre-contractual measures. Furthermore, when visiting our website, usage data in particular, e.g. access times, websites visited and metadata, e.g. IP addresses, information about operating system and internet service provider, may be processed.

We inform you about this in our declaration of data protection.

Your Rights

As an affected person, you have the following rights towards us regarding the personal data concerning you:

• Right to information (Art.15 GDPR),
• Right to rectification (Art.16 GDPR),
• Right to solution (Art.17 GDPR),
• Right to restrict processing (Art.18 GDPR),
• Right to data portability (Art.20 GDPR),
• Right to object to processing (Art.21 GDPR).

If you believe that we are processing your personal data unlawfully, you also have the right to complain about the data processing to a data protection supervisory authority pursuant to Art. 77 GDPR.

You can find the responsible supervisory authority under: https://www.bfdi.bund.de/DE/Service/Anschriften/Laender/Laender-node.html

The supervisory authority responsible for us is:

Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 18
91522 Ansbach

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

Legal basis for data processing

Your data will only be processed if one of the legal bases mentioned in Art. 6 para. 1 GDPR exists, particularly if:

• you have consented to the processing for one or more specific purposes (Art.6 para.1 lit. a GDPR),
• the processing is necessary for the performance of a contract with you or if the processing is necessary for the performance of pre-contractual measures taken at your request (Art.6 para.1 lit. b GDPR),
• for the fulfillment of a legal obligation to which our company is subject pursuant to Art. 6 para. 1 lit. c GDPR or
• the processing is necessary to protect legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail (Art.6 para.1 lit. f GDPR).

We provide specific information regarding the relevant legal basis in each case and further explanations regarding the data collected or the storage period in the data protection statement for the individual processing activities.

Data transfer, transfer to other countries

1. Disclosure of data to processors and third parties

If, during our processing, we disclose data to other people and companies (order processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done based on legal permission, in particular if

• you have expressly consented to this,
• a transfer of data to third parties, such as payment service providers, according to Art. 6 para. 1 lit. b GDPR is necessary for the performance of the contract or for the implementation of pre-contractual measures,
• a legal obligation provides for this according to. 6 (1) lit. c GDPR,
• the disclosure is necessary to protect our legitimate interests (e.g. when using agents, web hosts, etc.) as well as for the assertion, exercise or defense of legal claims and there is no reason to believe that you have an overriding interest worthy of protection in the non-disclosure of your data.

If we commission third parties with the processing of data based on a so-called “order processing agreement”, this is done in accordance with. Art. 28 GDPR.

2. Transfer to third countries

If we lawfully process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if the special requirements of Art. 44 GDPR.

Right of revocation and right to object

1. Object to the processing of your data

You have the right to object at any time, on grounds relating to your situation, to the processing of personal data relating to you which is carried out based on Article 6 (1)(e) or (f) GDPR, in accordance with Article 21 GDPR. This is the case if the processing is not necessary for the performance of a contract with you. When exercising your right to object, we ask you to explain reasons why your personal data should not be processed as carried out by us. In the event of a justified objection, we will discontinue or adapt the data processing or demonstrate compelling legitimate grounds for you to continue the processing that outweigh your interests, rights and freedoms or serve the assertion, exercise, or defense of legal claims. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing. If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

2. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on basis of the consent until the revocation.

3. You can inform us about your revocation or your objection with an informal message by e-mail to  info@ernicke.com.

Deletion of data and storage period

Unless expressly stated otherwise within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations, e.g. in the case of data that must be retained for reasons of commercial or tax law. According to legal requirements in Germany, retention may be necessary for up to 10 years due to commercial and tax law requirements.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” auf “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

INDIVIDUAL DATA PROCESSING

Collection of personal data during informative use of our website

If you use our website merely for informational purposes, i.e. do not register or otherwise transmit information to us, the provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us to enable you to visit the website. This data is also stored in the log files of our system. These are

• Browser type and version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP-Address

This data is not merged with other data sources.

The basis for the data processing is Art. 6 (1) lit. f GDPR, as the processing of your personal data is technically necessary for us to display our website to you and to ensure stability and security. Our legitimate interests are in the provision of the core functionalities of the website, which are mandatory for a qualitative, secure, and stable website operation.

In the context of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use.

The collection of log data for the provision of the website including their storage in log files is mandatory for the operation of the website. Therefore, as a rule, there is no possibility of objection on the part of the user. This does not apply to log data that is processed in the context of various services offered on our website beyond the purely informational use. You can find more information about this in the notes on the individual services in the data protection declaration.

The hosting services of our third-party provider used by us to serve to provide infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this website. The legal basis for this is Art. 6 (1) lit. f GDPR. The functional and secure provision of this website is also our legitimate interest.

Cookies

When you use our website, so-called cookies are stored on your computer in addition to the previously mentioned data. Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

We use the following types of cookies on our website:

1. Temporary Cookies
2. Permanent Cookies
3. Third-Party-Cookies

 

1. Temporary cookies, or „session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such cookies, for example, the contents of a shopping cart in an online store or a login jam can be stored.
2. Cookies that remain stored even after the browser is closed are referred to as „permanent“ or „persistent“. For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes.
3. Third-party cookies are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise if they are only their cookies. they are referred to as “first-party cookies”)

Cookies that are required to carry out the electronic communication process or to provide certain functions you have requested are stored based on Art. 6 (1) lit. f GDPR. AS website operator, we have a legitimate interest in storing cookies for the technically error-free and optimized provision of our services. As far as other cookies (e.g. cookies for the analysis of your surfing behavior) are stored, they will be treated separately in this privacy policy below.

If you do not want cookies to be stored on your computer, you can disable the corresponding option in the system settings of your browser. Stored cookies can be deleted in the system settings of the browser. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via U.S. site http://www.aboutads.info/choices/ or the EU-site http://www.youronlinechoices.com/ .

Please note that in this case not all functions of this online offer can be used.

The website uses Borlabs Cookie, which sets a technical necessary cookie according to Art. 6 (1) lit. f GDPR (borlabs-cookie) to store your cookie consents. Borlabs-cookie does not process any personal data. Contact details of the provider: Borlabs – Benjamin A. Bornschein, Rübenkamp 32, 22305 Hamburg, Germany.

Data processing when contacting us

When you contact us by e-mail or through our contact form, we process the data you provide (including e-mail address, name, telephone number, if applicable, and reason for your request) for the purpose of processing and handling the request. This is done in the context of a contractual or pre-contractual relationship on the legal basis of legitimate interest according to Art. 6 (1) lit. f GDPR.

We delete e-mail inquiries and other contacts within a reasonable period, within which a conclusion of a contract or the like is no longer to be expected.

Data processing when using our property rights portal „PAMOS“

Through our intellectual property rights portal, we can provide you with your data, overviews, and documents, which you can access and download. In addition, you have the possibility to:

• Submit documents and save them directly to your file,
• Fill in forms and
• Carry out an evaluation of your intellectual property rights.

The personal data provided by you in this context, such as name and e-mail address, will be stored and further processed by us on the legal basis of Art. 6 (1) lit. b GDPR for the performance of the contract or based on your consent according to Art. 6 (1) lit. a GDPR.

Google Analytics

If you have given your consent, this website uses Google Analytics, a web analytics service provided by Google LLC. The responsible service provider in the EU is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland („Google“).

Scope of processing
Google Analytics uses cookies that enable an analysis of your use of our websites. The information collected by means of the cookies about your use of this website is generally transferred to a Google server in the USA and stored there.

We use Google Signals. This captures additional information in Google Analytics about users who have activated personalized ads (interest and demographics) and ads can be delivered to these users in cross-device remarketing campaigns.

This website uses „demographic characteristics“ function of Google Analytics. This allows reports to be generated that contain statements about the age, gender, and interest of site visitors. This data comes from interest-bases advertising from Google as well as visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as shown in the interim “Objection to data collection”.

We use the function anonymizeIP’ (so-called IP-Masking): Due to the activation of IP anonymization on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser as a part of Google Analytics will not be merged with other data from Google.

During your visit to the website, the following data is collected among others:

• The pages you visit, your “click path”
• Achievement of „website goals“(conversions, e.g. newsletter sign-ups, downloads, purchases)
• Your user behavior (for example, clicks, dwell time, bounce rates)
• Your approximate location (region)
• Your IP address (in shortened form)
• Technical information about your browser and the terminal devices you use (e.g. language setting, screen resolution)
• Your internet service provider
• The referrer URL (via which website/ via which advertising medium you came to this website)

Purpose of the processing
On behalf of the operator if this website, Google will use this information for the purpose of evaluating your (pseudonymous) use of the website and compiling reports on website activity. The reports provided by Google Analytics are used to analyze the performance of our website and the success of our marketing campaigns.

Recipient
The recipient of the data is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland as a processor.  We have concluded an order processing agreement with Google for this purpose. Google LLC, based in California, USA, and, if applicable, US authorities may access the data stored by Google.

Transmission to third countries
A transmission of data to the USA cannot be excluded.

Storage period
The data sent by us and linked to cookies are automatically deleted after 2 months. The deletion of data whose retention period has been reached occurs automatically once a month.

You can further prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by
a. not giving your consent to the setting of the cookie or
b. downloading and installing the browser add-on to disable Google Analytics  HERE

You can prevent the storage of cookies by setting your browser software correctly. However, if you configure your browser to refuse all cookies, you may experience limitation in functionality on this and other websites.

Legal basis and possibility of revocation
for this data processing is your consent, Art.6 (1) lit. a GDPR. You can revoke your consent at any time with effect for the future by calling up the cookie settings and changing your selection there.

For more information about Google Analytics terms of use and Google’s privacy policy, please visit:

https://marketingplatform.google.com/about/analytics/terms/de/ and https://policies.google.com/?hl=de.

Google Maps

(1) This site uses the map service Google Maps via an API. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4. Ireland. We use Google Maps to display interactive maps directly on the website and to make the map function convenient to use by allowing you to easily find the places we indicate on the website. The legal basis for the use of Google Maps is your granted consent within the meaning of Art. 6 (1) lit. a GDPR.

To ensure data protection on our website, Google Maps is deactivated when you enter our website for the first time. A direct connection to Google’s servers is only established when you independently activate Google Maps (consent according to Art. 6 (1) lit. a GDPR). This prevents your data from being transferred to Google the first time you enter the site.

If, after activation, you call up a web page of our website on which Google Maps is integrated, your browser establishes a direct connection to Google’s servers. In the process, information is usually transferred to a Google server in the USA, stored there and can be linked to further data from other Google services. The data transfer takes place regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile at Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out (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. The provider of this site has no influence on this data transmission.

The data processed includes information about the devices and browsers used (e.g. unique identifier, IP address, date and time of the visit to the page in question, Internet address or the URL of the website accessed) and other user data provided as part of the route planner function (e.g. location data, addresses entered, directions)

(2) In addition, we point out on our website the possibility of submitting a review on Google Maps for us. To be able to read the already existing ratings and fill out the rating form, you will be redirected directly to the Google Maps page. In this context, we do not process any personal data, as Google is solely responsible for the processing of your data. You can obtain further information on this at  https://support.google.com/maps/answer/6230175?co=GENIE.Platform%3DDesktop&hl=de

(3) For more information on data processing by Google, see Additional Terms of Use for Google Maps/Earth – Google and Privacy Policy & Terms of Use – Google.

• Google Ads and Google Remarketing

(1) We use the Google Ads offer of the responsible service provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”) to draw attention to our attractive offers with the help of advertising media on external websites. We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. In this way, we pursue the interest of displaying advertising that is of interest to you, making our website more interesting for you and achieving a fair calculation of advertising costs. The legal basis for the processing of your data is your consent pursuant to Art. 6 (1) lit. a GDPR:

(2) These advertisements are delivered by Google via a so-called „ad servers“- For this purpose, we use ad server cookies, through which certain parameters for measuring success, such as display of the ads or clicks by users, can be measured. If you access our website via a Google ad, Google Ads will store a cookie on your PC.

The unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions) and opt-out information (marking that the use no longer wishes to be addresses) are usually stored as analysis values for this cookie. These cookies usually lose their validity after 30 days and are not intended to identify you personally.

(3) These cookies enable Google to recognize your internet browser. If a user visits certain pages of the website of an Ads customer (in this case us) and the cookie stored on his computer has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page. A different cookie is assigned to each Ads customer. Cookies can therefore not be tracked across Ads customers’ websites.

We ourselves do not collect and process and personal data in the above-mentioned advertising measures. We are only provided with statistical evaluations by Google. The information obtained with the help of the cookie is used to create conversion statistics for Ads customers who have opted for conversion tracking. These evaluations allow us to see which of the advertising measures used are particularly effective. Ads customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. We do not receive any further data from the use of the advertising media; in particular, we cannot identify users from this information.

(4) In addition to Google Ads, we use the Google Remarketing application. This is a procedure with which we would like to address you again. Through this application, our advertisements can be displayed to you during your further internet use after visiting our website. This is done by means of cookies stored in your browser, which Google uses to record and evaluate your usage behavior when you visit various websites. In this way, Google can determine your previous visit to our website.

(5) Due to the marketing tools used, your browser automatically establishes a direct connection with the Google server. Thereby a data transfer to the USA is possible. We have no influence on the scope and further use of the data collected by Google using this tool. If you are registered with a Google service, Google can assign the visit to your account and may be merged with other data collected by Google. Even if you are not registered with Google or have not logged in, there is a possibility that the provider will find out and store your IP address.

(6) In addition to the setting options in our Consent Banner, you can prevent participation in this tracking process in various ways:

1. a) by adjusting your browser software accordingly; in, the suppression of third-party cookies will result in you not receiving ads from third-party providers.
2. b) by disabling conversion tracking cookies by setting your browser to block cookies from the domain „www.googleadservices.com“, https://www.google.de/settings/ads , which setting will be deleted when you delete your cookies.
3. c) by disabling interest-based ads from the providers that are part of the „About Ads“ self-regulatory campaign, through the link http://www.aboutads.info/choices , with this setting being deleted when you delete your cookies.
4. d) by permanently disabling them in your Firefox, Internet explorer or Google Chrome browsers at the link http://www.google.com/settings/ads/plugin .

We would like to point out that in this case you may not be able to use all functions of this offer in full.

(7) Further information on data protection at Google can be found here: http://www.google.com/intl/de/policies/privacy , https://services.google.com/sitestats/de.html , https://support.google.com/google-ads/answer/1722022?hl=de and https://support.google.com/google-ads/answer/2453998?hl=de .

Company presentation on LinkedIn

On our website, we link to our company page on the social network LinkedIn. In this context, we do not use any social media plug-ins. When you click on the links, you will be redirected to the respective platform. As the operator of our company page on this network, we may receive statistics about our website visitors from the social media page providers. We use this data, which is available in aggregated form, to make our posts and activities on our pages more attractive to users. We have no influence on the data processing of the providers. When using the platform, there is the possibility of data transfer to third countries, especially to the USA:

We operate these pages to present ourselves to users and other interested persons who visit our company pages and to communicate with them. The processing of the user’s personal data is based on our legitimate interest in an optimized company presentation (Art. 6 (1) lit. f GDPR). Detailed information on the purpose and scope of data collection, the use of cookies and similar tracking technologies and their processing by the provider, as well as your rights in this regard and setting options for protecting your privacy, can be found in their privacy statements:

LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2 Ireland, http://www.linkedin.com/legal/privacy-policy , https://www.linkedin.com/legal/cookie-policy?trk=content_footer-cookie-policy

Use of FactorialHR

On our website, we link to the platform FactorialHR. In this context, we do not use any social media plug-ins. When you click on the links, you will be redirected to the respective platform. As the operator of our company page on this network, we may receive statistics about our website visitors from the social media page providers. We use this data, which is available in aggregated form. We have no influence on the data processing of the providers. When using the platform, there is the possibility of data transfer to third countries, especially to the USA:

The processing of the user’s personal data is based on our legitimate interest in an optimized company presentation (Art. 6 (1) lit. f GDPR). Detailed information on the purpose and scope of data collection, the use of cookies and similar tracking technologies and their processing by the provider, as well as your rights in this regard and setting options for protecting your privacy, can be found in their privacy statements:

EVERYDAY SOFTWARE, S.L., ein spanisches Unternehmen mit Sitz in Carrer d’Àlaba, 61, 5-2, 08005 Barcelona, Spanien und CIF B66854530, factorialhr.de/datenschutz

 

Stand der Datenschutzerklärung:      Oktober 2022