Privacy policy of ITMR Rechtsanwälte Düsseldorf

Contact via email / contact form

If you write to us via email or contact form , the information from the email or contact form, including the data you provide there, will be processed in order to deal with your enquiry and, where applicable, in case of follow-up questions. The legal basis for this is Article 6(1)(1)(b) GDPR.

Enquiries about infringements of personality rights

If you send us an enquiry via our forms, we process your information and files in order to classify your matter legally and to send you an initial assessment and, where appropriate, an offer. The legal basis is Art. 6(1)(b) GDPR (pre-contractual measures at your request).

Enquiries about infringements of personality rights often contain special categories of personal data, such as information on health, sex life or sexual orientation. We only process this data insofar as this is necessary for the examination, establishment, exercise or defence of legal claims. This also applies out of court (Art. 9(2)(f) GDPR, Recital 52). Consent is not required for this.

Your enquiry may also contain data of other persons, such as the person from whom the infringement originates. We process this data on the basis of the legitimate interest of our clients and our law firm in examining and enforcing claims (Art. 6(1)(f) GDPR). For special categories, Art. 9(2)(f) GDPR also applies.

All information is subject to lawyers' professional secrecy (Section 43a(2) BRAO, Section 203 StGB). If no mandate is concluded, we delete your enquiry including all files unless statutory obligations prevent this. If a mandate is concluded, the retention periods for the case file apply (Section 50 BRAO). Otherwise, we refer to the further information in this privacy notice.

Applications via email

If you send us an application by email, we process the personal data you voluntarily provide in it in order to process your application and contact you. Personal data relating to you will not be passed on to third parties without your express consent unless we are legally obliged to do so, you have requested this, or the transfer is necessary to initiate and perform a contractual relationship with you or for the application procedure. The legal basis is Article 6(1)(1)(a), (b) GDPR, Article 88(1) GDPR, Section 26(1) Federal Data Protection Act (BDSG). We delete applications no later than six months after the end of the application procedure. If the data is required for legal proceedings after the end of the application procedure, data processing may take place on the basis of the requirements of Article 6 GDPR, in particular to safeguard legitimate interests under Article 6(1)(1)(f) GDPR. Our legitimate interest consists in asserting or defending against claims. If your application is successful, we will continue to process your personal data for the purposes of the employment relationship. If you have given express consent, you can withdraw your declaration of consent at any time with effect for the future, in which case we will delete your data.

Calendly

We link to the Calendly service of Calendly LLC, 271 17th St NW, 10th Floor, Atlanta, Georgia 30363, USA (hereinafter “Calendly”) in order to plan, hold and follow up on appointments where applicable.

If you use the Calendly platform, you can make appointments with us. Depending on the information you provide, the following data may be processed: name, email address, phone number, message content. When you book an appointment, the information you enter on the website is passed on to us by Calendly. The legal basis is Article 6(1)(1)(a), (b) and/or (f) GDPR.

With regard to the processing of personal data by Calendly itself, we refer to Calendly's privacy notice: https://calendly.com/pages/privacy.

Please note that when Calendly is used, data may be processed outside the European Union, see below Third-country transfers. This may give rise to risks because, for example, it could be more difficult to enforce users' rights. If you wish to assert your data subject rights, it is most effective to do so with the respective platform provider. If you wish to assert rights in relation to our processing, you can of course also contact us. The data transfer to the USA is based on the EU-US adequacy decision; Calendly is certified. Otherwise, the data transfer is based on the standard contractual clauses of the EU Commission. Details can be found here: https://calendly.com/pages/dpa - Calendly provides further information on security: https://calendly.com/security

JUPUS

We use the application “JUPUS” of JUPUS GmbH, Kuhgasse 4, 53505 Berg, to provide the digital assistant for recording information and documents when making contact and taking on a mandate, for recording further case-specific information and for creating corresponding files relating to you in our organisation system. The data concerned here are your contact details such as name, address, email address and phone number, as well as the further data you enter in JUPUS. The place and time of use of JUPUS are also processed. Your data will not be passed on to any other third parties. The servers on which JUPUS is operated are located in Germany (Frankfurt am Main). We have concluded a data processing agreement with JUPUS that ensures the security of the processing of your personal data. We have also bound JUPUS to all professional confidentiality requirements that apply to us as lawyers. The legal basis for the use of JUPUS is Article 6(1)(1)(b) GDPR. By providing a digital assistant for recording information that we need to validate a potential contractual relationship (client relationship) with you, and by processing the data you enter for this purpose, we fulfil a pre-contractual obligation towards you.

The chat assistant is only loaded when you click “Chat starten” (start chat). Before that, your browser does not connect to JUPUS. From the click onwards, your browser loads program code and design files from servers of JUPUS GmbH (app.jupus.de, cdn.jupus.de, chat.bot.jupus.de). Your IP address, date and time, browser information and the referring page are transmitted. For the cookies set in the process, see II. 2.

Newsletter

When you subscribe to our newsletter, the data you provide is processed for the purpose of sending you the newsletter and – only if you have given separate consent – for the analysis described below. An email address is sufficient for this. If we offer an additional benefit for subscribing, such as a free template, the newsletter subscription is the consideration for it; subscribing is voluntary, our other offers and services do not depend on it, and you may keep the template even after unsubscribing. If you are an existing client or are added to the mailing list in connection with one of our events, we also process your name and, where applicable, the name of your company. We do not pass your data on to third parties for their own purposes. For sending, we use Brevo GmbH, Köpenicker Str. 126, 10179 Berlin, https://www.brevo.com/de/, as a processor under Article 28 GDPR (see below). The legal basis for sending the newsletter is your consent, Article 6(1)(1)(a), Article 7 GDPR; when sending to existing clients, Article 6(1)(1)(f) GDPR in conjunction with Section 7(3) UWG. Opens and clicks are only analysed with your separate consent (see below).

After subscribing online, you will receive an email asking you to confirm your subscription (double opt-in). The purpose is to prevent misuse of your email address by third parties. The newsletter subscription is logged in order to be able to prove the subscription process in accordance with legal requirements. This includes storing the email address, IP address and the time of subscription and confirmation. We delete unconfirmed subscriptions after 30 days. We store the subscription log data for the duration of the subscription and, after unsubscription, until the end of three years from the end of the year of unsubscription (proof of consent, limitation period under Section 195 BGB). After you unsubscribe, we add your email address to a block list so that you do not receive any further newsletters (Art. 6(1)(c), (f) GDPR). The log data is not used for any other purposes. The legal basis for this is Article 6(1)(1)(f) and (c) GDPR.

Our newsletters contain information on legal news (case law, legislation, current events), specialist articles and practical recommendations, products and offers (solutions for our clients), information on events and talks, and news about us. Newsletter subscribers are also informed by email about circumstances relevant to the service or registration (for example changes to the newsletter offering or technical conditions).

We only analyse opens and clicks if you have given separate consent – when subscribing, via the voluntary, non-preselected checkbox for analysis. With your consent, we record whether and when you open a newsletter and which links you click, in order to find out which reports, products and services generate interest and how we can improve the newsletter. Technically, this is done via a tracking pixel embedded in the newsletter – a tiny graphic file invisible to you that is retrieved when the email is opened – and via links where the access is registered before forwarding to the target page. The legal basis is your consent under Article 6(1)(1)(a) GDPR; for storing and reading information on your device, Section 25(1) TDDDG. Consent is voluntary; receiving the newsletter does not depend on it. Without this consent, no analysis of opens and clicks relating to you personally takes place. You can withdraw your consent to analysis at any time with effect for the future – via the corresponding link in the footer of each newsletter, by unsubscribing from the newsletter or by informal notice to our contact details above, for example by email. We store personal open and click data at most for the duration of your subscription; after withdrawal of consent or unsubscription, we delete it or remove the personal reference. Regardless of consent, we record whether a newsletter could be delivered and for which email addresses delivery failed, in order to keep our mailing list up to date; the legal basis for this is our legitimate interest in functioning delivery, Article 6(1)(1)(f) GDPR. This information is not combined with other data. Further analyses are deactivated. In addition, you can prevent opens from being recorded by deactivating the automatic loading of images in your email program.

For sending, we use Brevo, a service of Brevo GmbH, Köpenicker Str. 126, 10179 Berlin. We use Brevo for emails to existing clients, for the newsletter after subscription via our website and for transactional emails, such as sending a whitepaper you have requested. We have concluded a data processing agreement with Brevo under Article 28 GDPR. Your data is stored on servers in Germany or within the European Union; transmission is encrypted. Insofar as Brevo uses sub-processors whose parent company is based outside the European Union, any data transfer to the USA to companies certified there under the EU-US Data Privacy Framework is based on the EU Commission's adequacy decision, and otherwise on the EU Commission's standard contractual clauses together with supplementary safeguards. Brevo only processes open and click data for us for recipients who have consented to the analysis (see above).

You can withdraw your consent to the processing of personal data and its use for sending the newsletter at any time. Each newsletter contains a corresponding link for this. An informal notice to our contact details above, for example by email or letter, is also sufficient. Unsubscribing incurs no costs other than transmission costs at the basic rates. In accordance with Article 7(3) GDPR, you can therefore withdraw consent once given at any time vis-à-vis us. As a result, we will no longer continue the data processing based on this consent in the future. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal. After you unsubscribe, we delete your subscription data, subject to the time-limited retention described above to prove the subscription and the block list.

Where personal data is processed on the basis of legitimate interests under Article 6(1)(1)(f) GDPR, you have the right under Article 21 GDPR to object to the processing of personal data concerning you on grounds relating to your particular situation. Where the processing is for direct marketing – in particular when sending to existing clients under Section 7(3) UWG – you may object to this at any time and without giving reasons under Article 21(2) GDPR. If you wish to exercise your right to object, an email to our email address above is sufficient. Further information on your rights can be found below in our privacy notice.

Social media and other platforms

We use social media platforms to safeguard our legitimate interest in presenting and advertising ourselves and our services and products there, Article 6(1)(1)(f) GDPR; you can find the legal bases for the data processing of the respective social media platform providers in the privacy notices linked below:

• LinkedIn: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; privacy notice: https://de.linkedin.com/legal/privacy-policy; legal notice: https://www.linkedin.com/legal/impressum; data processing agreement: https://legal.linkedin.com/dpa; standard contractual clauses (ensuring the level of data protection for processing in third countries): https://legal.linkedin.com/dpa
• Instagram: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; privacy notice: https://www.facebook.com/help/instagram/155833707900388 and: https://privacycenter.instagram.com/policy; terms of use: https://help.instagram.com/581066165581870?helpref=faq_content Legal notice: https://help.instagram.com/581066165581870/ Adequacy decision; standard contractual clauses (ensuring the level of data protection for processing in third countries): https://privacycenter.instagram.com/policies/data_privacy_framework/ https://www.facebook.com/help/instagram/272603474673152 further information: joint controller agreement: https://www.facebook.com/legal/terms/information_about_page_insights_data and https://www.facebook.com/legal/terms/page_controller_addendum
• Facebook: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; privacy notice: https://www.facebook.com/privacy/policy/; legal notice: https://www.facebook.com/terms Adequacy decision, standard contractual clauses (ensuring the level of data protection for processing in third countries): https://www.facebook.com/legal/EU_data_transfer_addendum; further information: joint controller agreement: https://www.facebook.com/legal/terms/information_about_page_insights_data and further information
• XING: New Work SE, Am Strandkai 1, 20457 Hamburg, privacy: https://privacy.xing.com/de/datenschutzerklaerung.
• X (formerly Twitter): Twitter International Unlimited Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland; further information: https://x.com/en/privacy - https://x.com/en/privacy#data-sharing - https://x.com/en/tos

If you click on a social media icon on our site, you leave our website or app and a connection to these third-party providers is established. In this respect, we refer to the privacy notices provided there. Please note that data may be processed outside the European Union, see also our information under Third-country transfers. This may give rise to risks because, for example, it could be more difficult to enforce users' rights. If you wish to assert your data subject rights, it is most effective to do so with the respective platform provider. If you wish to assert rights in relation to our profiles, you can of course also contact us.

1. You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(1)(f) General Data Protection Regulation (data processing on the basis of a balancing of interests).

   If you object, we will no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.

2. In individual cases, we process personal data for direct marketing purposes. If this applies to you, you have the right to object at any time to the processing of data concerning you for the purpose of such marketing.

   If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.

   The objection can be made without any particular form and should, if possible, be addressed to us, see above under I.