Data protection notice

1. Name and address of the Controller

The Controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is

Lawyer Christoph Plähn
Gervinusstraße 17 (Westendcarree)
60322 Frankfurt am Main

Phone: +49 (0)69 870022800
Fax:  +49 (0)69 870022809
E-Mail:

We are subject to the provisions of Art. 37 para. 1 lit. b GDPR in conjunction with Section 38 para. 1 of the German Federal Data Protection Act (BDSG) and are therefore not obliged to appoint a data protection officer. You are welcome to contact us directly at any time if you have any questions or suggestions regarding data protection.

2. Definitions

Plähn legal’s data protection notice is based on the defined terms of the General Data Protection Regulation (GDPR). Our data protection notice should be easy to read and understand. To ensure this, we explain the terms used in advance:

2.1 Personal data

Personal data is 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2.2 Data Subject

Data Subject is any identified or identifiable natural person whose personal data is processed by the Controller.

2.3 Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, deletion or destruction.

2.4 Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

2.5 Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

2.6 Pseudonymization

Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

2.7 Controller or person responsible for the processing

The Controller or the person responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law.

2.8 Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.

2.9 Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union law or the law of the Member States are not considered recipients.

2.10 Third party

Third party is a natural or legal person, public authority, agency or body other than the Data Subject, Controller, processor and persons who, under the direct authority of the Controller or processor, are authorized to process personal data.

2.11 Consent

Consent is any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

3. General information on data processing; legal bases, purposes of processing, duration of storage, objection and removal options

3.1 General information on the legal basis

Insofar as we obtain the consent of the Data Subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.

When processing personal data that is necessary for the performance of a contract to which the Data Subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the Data Subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the Data Subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

3.2 General information on data deletion and storage duration

The personal data of the Data Subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the Controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

3.3 General information on processing on our website

Data protection, data security and confidentiality are a high priority for us. The permanent protection of your personal data, your company data and your trade secrets is particularly important to us.

In principle, you can visit our website without providing any personal information. However, if you make use of our company’s services via our website, this makes it necessary to provide your personal data. As a rule, we use the data provided by you and collected by the website and stored during use exclusively for our own purposes, namely for the implementation and provision of our website and the initiation, implementation and processing of the services/offers offered via the website (contract fulfillment) and do not pass them on to external third parties, unless there is an official obligation to do so. In all other cases, we will obtain your separate consent.

Your personal data will be processed in accordance with the requirements of the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to us. By means of this data protection notice, we would like to inform you about the type, scope and purpose of the personal data processed by us. In addition, we will inform you of your rights by means of this data protection notice.

We have implemented technical and organizational measures to ensure adequate protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed.

4. Collection of general data and information

Our website collects a series of general data and information each time the website is accessed by a Data Subject or an automated system. This general data and information is stored in the server log files. The following information can be captured: (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the subpages accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information used for defending against threats to our information technology systems in the event of attacks.

When using this general data and information, we do not draw any conclusions about the Data Subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. This anonymously collected data and information is therefore evaluated by us both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a Data Subject.

Legal basisStorage purposeStorage durationObjection / Removal option
Art. 6 para. 1 lit. f GDPR
(legitimate interest)
Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. The data will be deleted as soon as it is no longer required for the purpose for which it was collected. In the event of the collection of data for the provision of the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the calling client.
No, as absolutely necessary for operation of the website

5. Contact form and e-mail contact

In principle, you have the option of contacting us using the e-mail address provided on our website. If you use this option to contact us, your personal data may be transmitted and processed accordingly. The following of your personal data are usually affected by processing:

  • First and last name
  • E-mail address
  • Other personal data transmitted by you

No data will be passed on to third parties in this context. The data is used exclusively for processing the conversation.

We base the personal data transmitted by you in the context of contacting us in cases of inquiries on the implementation of pre-contractual measures within the meaning of Art. 6 para. 1 lit. b GDPR.

If you contact us in the context of inquiries regarding data protection or other legal obligations to which we are subject, we base the processing on the fulfillment of one of our legal obligations pursuant to Art. 6 para. 1 lit. c GDPR.

If you provide us with your personal data when contacting us using our e-mail address, your personal data will be stored for as long as is necessary to achieve the original purpose for which it was collected. If this purpose no longer applies and the personal data is no longer required for processing, we will delete your personal data unless we are obliged by law to retain your personal data for a longer period of time.

Legal basisStorage purposeStorage durationObjection / Removal option
The legal basis for the processing of data for inquiries via the contact form and/or e-mail is generally Art. 6 para. 1 lit. b. GDPR
(contract fulfillment; pre-contractual measures);

Art. 6 para. 1 lit. c. GDPR (fulfillment of a legal obligation, e.g. answering questions about data protection) and

otherwise Art. 6 para. 1 lit. f GDPR
(legitimate interest).
The processing of personal data from an e-mail serves us solely to process the contact. This also constitutes the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.
The data will be deleted as soon as it is no longer required for the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

The above does not apply if the correspondence is subject to a retention obligation under commercial law.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
The user has the option to object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

6. Cookies

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses the website, a cookie may be stored on the user’s operating system. Such cookies contain a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

  • Language settings (pll_language)

We expressly point out that we only use technically and functionally necessary cookies, which are required for the operation, correct provision and secure delivery of our website. Accordingly, we are exempt from the obligation to obtain consent for the setting of these cookies and the use and integration of a cookie consent banner on our website in accordance with Section 25 para. 2 no. 1 of the German Telecommunications Telemedia Data Protection Act (TTDSG).

7. Use and application of other tools

As part of the provision of our website, we also use tools and plugins that are intended to improve the user experience of our website for you. In the following, we would like to inform you about the tools and plugins used.

7.1 WordPress

We use the content management system “WordPress” from Automattic Inc (60 29th Street #343, San Francisco, CA 94110, USA) for the provision and operation of our website. As a content management system (CMS), WordPress enables us to customize and design our website with user-friendliness and an improved user experience in mind. This enables us to provide you with media content (e.g. video and audio files; text elements) in an appropriately adapted form during your visit to our website.

In principle, the use of WordPress involves the processing of your personal data. These include:

  • Screen resolution
  • Browser
  • Operating system
  • Hosting provider
  • IP address
  • Geographical data

We base the use of WordPress and the associated processing of your personal data on the protection of our legitimate interest in process optimization and increasing the user-friendliness of our website in accordance with Art. 6 para. 1 lit. f GDPR. You naturally have the right to object to the processing of your personal data at any time.

We only store your personal data for as long as is necessary to achieve the purpose for which it was originally collected. If the original purpose of the data collection no longer applies, we will delete your personal data unless we are obliged to retain it for a longer period of time due to statutory retention periods imposed on us.

For more information on how Automattic Inc. handles data protection, click here: https://automattic.com/privacy/

7.2 Yoast SEO

As part of the provision of our website, we also use the WordPress plugin “Yoast SEO” from the provider Yoast BV (Don Emanuelstraat 3, 6602, GX Wijchen, Netherlands). The use of this plugin enables us to technically optimize our website for search engines. According to the manufacturer, Yoast SEO does not independently process any personal data. However, Yoast SEO offers the option of using an integrated “redirect manager” to set up redirects between URLs in order to ensure the correct and secure delivery of our website and to be able to offer it accordingly.

In the course of using Yoast SEO, your personal data may be processed, e.g:

  • IP address

We base the use of Yoast SEO Premium and the associated processing of your personal data on the protection of our legitimate interest in process optimization and the security and integrity of our systems in accordance with Art. 6 para. 1 lit. f GDPR. You naturally have the right to object to the processing of your personal data at any time.

We only store your personal data for as long as is necessary to achieve the purpose for which it was originally collected. If the original purpose of the data collection no longer applies, we will delete your personal data unless we are obliged to retain it for a longer period of time due to statutory retention periods imposed on us.

For more information on how Yoast BV handles data protection, click here: https://yoast.com/privacy-policy/

8. Your rights

If your personal data is processed, you are a Data Subject within the meaning of the GDPR and you have the following rights vis-à-vis the Controller:

8.1 Right to information

You can request confirmation from the Controller as to whether personal data concerning you is being processed by us.

If such processing has taken place, you can request the following information from the Controller:

  • the purposes for which the personal data are processed;
  • the categories of personal data that are processed;
  • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage;
  • the existence of a right to rectification or deletion of personal data concerning you, a right to restriction of processing by the Controller or a right to object to such processing;
  • the existence of a right of appeal to a supervisory authority;
  • all available information about the origin of the data if the personal data is not collected from the Data Subject;
  • the existence of automated decision-making, including profiling, referred to in Art. 22 paras. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the Data Subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

8.2 Right to rectification

You have a right to rectification and/or completion vis-à-vis the Controller if the processed personal data concerning you is incorrect or incomplete. The Controller must make the correction immediately.

8.3 Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

  • if you contest the accuracy of the personal data concerning you for a period enabling the Controller to verify the accuracy of the personal data;
  • the processing is unlawful and you oppose the deletion of the personal data and request the restriction of their use instead;
  • the Controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
  • if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet certain whether the legitimate reasons of the Controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the Controller before the restriction is lifted.

8.4 Right to deletion

9.4.1 Obligation to delete

You have the right to obtain from the Controller the deletion of personal data concerning you without undue delay and the Controller shall have the obligation to delete personal data without undue delay where one of the following grounds applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
  • You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 art. 2 GDPR.
  • The personal data concerning you has been processed unlawfully.
  • The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the Controller is subject.
  • The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

8.4.2 Information to third parties

If the Controller has made the personal data concerning you public and is obliged to delete it pursuant to Article 17 art. 1 GDPR, it shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform Controllers which are processing the personal data that you as the Data Subject have requested the deletion by such Controllers of any links to, or copy or replication of, those personal data.

8.4.3 Exceptions

The right to deletion does not exist if the processing is necessary:

  • to exercise the right to freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
  • for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
  • for the assertion, exercise or defense of legal claims.

Furthermore, the right to deletion does not exist if the personal data must be stored by the Controller due to statutory retention obligations and periods. In such a case, the personal data will be blocked instead of deleted.

8.5 Right to information

If you have asserted the right to rectification, deletion or restriction of processing against the Controller, the Controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the Controller.

8.6 Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the Controller, in a structured, commonly used, machine-readable and interoperable format. You also have the right to transmit this data to another controller without hindrance from the Controller to which the personal data has been provided, if:

  • the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
  • the processing is carried out using automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one Controller to another, where technically feasible. The freedoms and rights of other persons must not be impaired by this.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.

8.7 Right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions.

The Controller will no longer process the personal data concerning you unless the Controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

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

Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.

8.8 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 and without giving reasons. In the event of revocation, we will delete your personal data immediately and no longer process it.  The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

8.9 Automated decision-making in individual cases 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:

  • is necessary for the conclusion or performance of a contract between you and the Controller,
  • is authorized by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  • with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

In the cases referred to in (1) and (3), the Controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the Controller, to express your point of view and to contest the decision.

8.10 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, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

 

Date: February 17, 2024
Responsible person: Lawyer Christoph Plähn