(Article 13 GDPR)
1. Personal data
Fellner Wratzeld & Partner Rechtsanwälte GmbH, Schottenring 12, 1010 Vienna, (“fwp”) collects, processes and uses your personal data based only on your prior consent and/or when you engage fwp or retain its services for the purposes agreed with you or based on any other legal grounds in accordance with the GDPR; in doing so, fwp complies with the applicable provisions under data protection law and civil law.
fwp will only collect personal data that are necessary for the execution and administration of fwp’s legal services or which you provided to fwp on a voluntary basis.
Personal data is defined to mean details on personal or factual circumstances, for example name, address, e-mail address, telephone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings of persons as well as biometric data such as fingerprints. This might also include sensitive data such as health data or data in connection with proceedings under criminal law.
2. Access and erasure
As our client, or quite in general as a data subject, you have the right to request, at any time, access to the personal data and information we store about you and information about where the data come from and who they are disclosed to and for what purpose they are processed; moreover, you have the right to rectification, data portability, objection, erasure or restriction of processing and the blocking or deletion of incorrect data or data which were processed without authorisation. In all of these cases we are, of course, bound by lawyer-client privilege.
Please inform fwp about any changes in your personal data.
You have the right to revoke, at any time, any consent given by you for the use of your personal data. You can submit your request for access, erasure, rectification, objection and/or data portability – the latter being granted only if not giving rise to unreasonable effort – to the fwp contact indicated in clause 13 of this statement.
If you believe that the processing of your personal data by fwp violates data protection law or if your rights under data protection law have been violated in any other way, you can lodge a complaint with the competent supervisory authority. In Austria, this is the Data Protection Authority (Datenschutzbehörde).
3. Data security
The security of your data is ensured by appropriate organisational and technical measures. Such measures include, in particular, protection against unauthorised, unlawful or accidental access, processing, loss, use or manipulation.
In spite of fwp’s efforts to comply with a continuously high duty-of-care standard, it cannot be guaranteed that information you provided to fwp via the internet might be viewed and used by other persons.
Please note that fwp cannot assume liability for the disclosure of information caused by errors not attributable to fwp in data transfer and/or unauthorised access by third parties (e.g. hacker attacks on e-mail accounts and/or telephones, interception of faxes).
4. Data use
fwp will not use the provided data for any purposes other than those covered by the engagement agreement or your consent or a provision laid down in accordance with the GDPR. This shall not apply to the use of data for statistical purposes insofar as the data provided to use are anonymised for such purposes.
5. Data transfer to third parties
For fwp to fulfil its engagement, it might be necessary to transfer your data also to third parties (e.g. opposing parties, substitutes, insurance companies, service providers fwp employs and which receive your data from fwp, etc.), courts or public authorities. Your data may only be transferred based on the GDPR, in particular for the purpose of fulfilling our engagement or based on your prior consent.
Furthermore, fwp informs you that in the context of the legal representation and advisory service, data relating to your circumstances and case will be used by third parties on a regular basis.
Some of the recipients of your personal data as mentioned above do not reside in your country or process your data outside your country. The level of data protection in other countries might not correspond to Austrian standards. However, fwp only transfers your personal data to countries in respect of which the EU Commission has decided that they have an appropriate level of data security, or fwp takes measures to ensure that all recipients have an appropriate level of data security; fwp uses standard contractual clauses for this purpose (2010/87/EC and/or 2004/915/EC).
You can subscribe to the fwp newsletters on the website of fwp. In the course of the registration, fwp processes your personal data which you provided voluntarily (academic title, name, address, company, e-mail address) to send you the newsletters (news, blogs, invitations to our events, publications and other information on current legal developments). You can withdraw your consent at any time.
7. Google Analytics
The following information is collected by Google Analytics: IP address, browser, type of device, device model, country, service provider, screen resolution, time spent on the website, language, operating system, pages visited on the website. Google will use this information to analyse your use of the website to prepare reports on website activities.
You can prevent Google from collecting this data by setting up your browser in a manner that does not allow cookies to be saved. For this purpose, you can download an add-on for your browser directly from Google and install it by following this link: https://tools.google.com/dlpage/gaoptout?hl=en
8. Social media
fwp integrates social media services on its website for the purpose of recommending and sharing articles or videos in social networks, e.g. Facebook, Instagram, Twitter, Xing, LinkedIn, YouTube etc. Data are transferred to third parties only when you click on one of the icons from the social media list. fwp has neither influence on the cookies set by social media platforms nor access to these platforms or cookies.
The following social media services are used by fwp: Facebook, Instagram, LinkedIn, Xing, Instapp, YouTube
9. Disclosure of data leaks
fwp strives to ensure that data leaks are detected as early as possible, and, if applicable, such leaks will be reported to you and/or the relevant supervisory authority without delay, taking into account the respective data categories affected.
10. Data retention
fwp will not store the data longer than is necessary for the fulfilment of the contractual and/or statutory obligations by fwp and for defence against liability claims as necessary.
A cookie is a small text file which is transferred by fwp through your web server to the cookie file of the browser onto the hard drive of your computer. This enables fwp’s website to recognise you as a user every time a connection is established between fwp’s web server and your browser. Cookies help fwp to determine the frequency of use and the number of users on fwp’s website. The content of the cookies fwp uses is limited to an identification number which does not allow any direct personal reference to be established to the user. The main purpose of a cookie is to recognise website users.
This website uses two kinds of cookies:
Session cookies: Session cookies are temporary cookies which remain in the cookie file of your browser until you leave fwp’s website and are subsequently automatically deleted.
Persistent cookies: To make the website more user-friendly, cookies are stored on your device, which will permit fwp to recognise your browser when you visit our website again.
12. Server log files
In order to improve this website’s system performance and user-friendliness and to provide useful information on the services of fwp, the provider of the website automatically collects and saves information in so-called server log files, which your browser automatically transfers to fwp. This includes your IP address, browser and language settings, operating system, referrer URL, your internet service provider, as well as date/time.
This data will not be linked with any personal data sources. fwp reserves the right to evaluate these data at a later date if there are concrete indications to suspect unlawful use.
13. Contact information
Protecting your personal data is a special priority for fwp. Should you have questions or wish to withdraw your consent, you may contact fwp’s data protection coordinator, Dr. Michael Hecht, at any time using the contact details below:
Dr. Michael Hecht
Schottenring 12, 1010 Vienna
T: +43 1 537 70-320