ADVOCATES FOR YOUR IDEAS

  • Data Protection Online

    1. Name and contact data of the controller and the data protection officer

    Controller:
    Uexküll & Stolberg Partnerschaft von Patent- und Rechtsanwälten mbB
    Beselerstraße 4
    22607 Hamburg
    Germany
    Tel: +49 (40) 899 654 0
    Fax: +49 (40) 899 654 88
    E-Mail: postmaster@uex.de
    S/MIME certificate
    PGP certificate

    Data protection officer:
    Dr. Bernd Lühr
    Arconda Systems AG
    Sportallee 6
    22335 Hamburg
    Germany
    Tel: +49 (40) 823 158 13
    E-Mail: data-protection@uex.de
    S/MIME certificate
    PGP certificate

    2. Collection and storage of personal data, as well as the nature and purpose of their use

    When visiting our website https://uex.de, information is automatically sent by your end device’s browser to our website’s server. This information is temporarily stored in a log file. In the process, the following information is collected without any action on your part and then stored until it is automatically deleted:

    • IP address of the requesting computer,
    • Date and time of day of access,
    • Name and URL of the accessed file,
    • Website from which access was made (referrer URL),
    • Browser used and, in some cases, operating system of your computer, as well as the name of your access provider.

    These data are processed by us for the following purposes:

    • Ensuring that a connection to the website can be established smoothly,
    • Ensuring that use of our website is convenient,
    • Evaluating system security and stability, and
    • For other administrative purposes.

    The legal basis for processing the data is Article 6(1)(f) GDPR. Our legitimate interest has do with the above-listed purposes for data collection. In no event do we use the collected data for the purpose of drawing conclusions about your identity.
    In addition, we use cookies and analysis services when our website is visited. For further explanations about this, please see Sections 4 and 5 of this Data Protection Policy.

    3. Disclosure of data

    Your personal data are not transmitted to third parties for purposes other than those listed in the following.
    We disclose your personal data to third parties only if:

    • You have expressly given your consent to do so in accordance with Article 6(1)(a) GDPR,
    • Disclosure in accordance with Article 6(1)(f) GDPR is necessary for the establishment, exercise, or defence of legal claims and there is no reason to believe that you have an overriding legitimate interest in the non-disclosure of your data,
    • In the event that a legal obligation exists for the disclosure in accordance with Article 6(1)(c) GDPR, or
    • This is legally permissible and, in accordance with Article 6(1)(b) GDPR, is necessary for performing contractual relationships with you.

    4. Cookies

    We use cookies on our site. Cookies are small files that your browser automatically creates and that are stored on your end device (laptop, tablet, smartphone, or the like) when you visit our site. Cookies do not harm your end device or contain viruses, Trojan horses, or other malware.

    Information is stored in the cookie that relates to the specific end device being used. However, this does not mean that we obtain direct knowledge of your identity through the cookie.

    Cookies help make it more convenient for you to use our site. For instance, we use session cookies in order to recognise that you have previously visited individual pages on our website. These cookies are automatically deleted when your leave our site.

    In addition, also for the purpose of optimising user-friendliness, we use temporary cookies, which are stored for a specified period of time on your end device. If you visit our site again in order to make use of our services, it is automatically recognised that you had previously visited us and which entries and settings you made so that these do not have to be entered again.

    We also use cookies in order to compile statistics about the use of our website and to evaluate use for the purpose of optimising our website for you (see Section 5). These cookies enable us to automatically recognise you when you return to our site. They are automatically deleted after a specified time.

    The data processed by cookies are necessary for the aforementioned purposes of the legitimate interests pursued by us and third parties in accordance with Article 6(1)(f) GDPR.

    Most browsers automatically accept cookies. However, you can configure your browser in such a way that no cookies are stored on your computer or that you always are prompted before a new cookie is placed. Complete deactivation of cookies may however mean that you will be unable to use all features of our website.

    5. Rights of the data subject

    You have the following rights:

    • Pursuant to Article 15 GDPR, to obtain information about your personal data processed by us. In particular, you can obtain information about the purposes of the processing, the category of the personal data, the categories of recipient to whom the personal data have been or will be disclosed, the envisaged storage period, the existence of the right to rectification, erasure, restriction of processing and to object, the right to lodge a complaint, and the source of your data where they are not collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about it;
    • Pursuant to Article 16 GDPR, to obtain without undue delay the rectification of inaccurate personal data stored by us or, where they are incomplete, to have them completed;
    • Pursuant to Article 17 GDPR, to obtain the erasure of personal data stored by us, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims;
    • Pursuant to Article 18 GDPR, to obtain restriction of the processing of your personal data where the accuracy of the personal data is contested by you, the processing is unlawful but you oppose their erasure, we no longer need the data but they are required by you for the establishment, exercise or defence of legal claims, or you have objected to processing pursuant to Article 21 GDPR;
    • Pursuant to Article 20 GDPR, to receive the personal data that you provided to us in a structured, commonly used, and machine-readable format or to obtain transmission to another controller;
    • Pursuant to Article 7(3) GDPR, to withdraw at any time the consent that you granted to us. This means that we may no longer continue with the data processing on which such consent was based; and
    • Pursuant to Article 77 GDPR, to lodge a complaint with a supervisory authority. To do so, you can normally write to the supervisory authority responsible for your customary place of residence, for your workplace, or for the offices of our law firm.

    6. Right to object

    If your personal data are processed on the basis of legitimate interests pursuant to Article 6(1)(f) GDPR, then pursuant to Article 21 GDPR, you have the right to object to the processing of your personal data on grounds relating to your particular situation or where the objection relates to direct marketing. In the latter case, you have a general right to object, which we must implement without a particular situation needing to be specified.

    If you would like to make use of your right to revoke consent or your right to object, please send an email to postmaster@uex.de.

    7. Data security

    During website visits, we use the widespread SSL (secure socket layer) procedure in conjunction with the highest level of encryption that your browser supports. Normally, this is 265-bit encryption. If your browser does not support 256-bit encryption, we instead employ 128-bit v3 technology. You can recognise whether individual pages on our website are transmitted in encrypted form by the locked depiction of the key or lock symbol in the lower status bar of your browser.

    In addition, we make use of suitable technical and organisational security measures in order to protect your data against accidental or intentional manipulation, total or partial loss or destruction, and unauthorised access by third parties. Our security measures are continuously improved in keeping with technological development.

    8. Version and amendment of this Data Protection Policy

    This Data Protection Policy is currently valid in the version of May 2018.
    If our website or offers on it are enhanced, or if statutory or regulatory requirements should change, it may be necessary to amend this Data Protection Policy. The current version of this Data Protection Policy can be viewed and printed out by you at any time by visiting https://uex.de/data-protection/.

    9. Plugins and tools

    This site uses the map service Google Maps by means of an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, U.S.
    In order to use the features of Google Maps, it is necessary to store your IP address. This information is normally transferred to a Google server in the U.S. and stored there. The provider of this site has no influence over this data transfer.
    Google Maps is used in the interest of an appealing presentation of our website and to make it easier to find the places indicated by us on the website. This constitutes a legitimate interest within the meaning of Article 6(1)(f) GDPR.
    More information about the treatment of user data can be found in the data protection policy of Google: https://www.google.de/intl/de/policies/privacy/.

    General information on data protection

    The following notices concerning data processing in engagement relationships are designed to fulfil our information duties under Articles 13 and 14 GDPR.

    1. Name and contact data of the controller and the data protection officer

    Controller:
    Uexküll & Stolberg Partnerschaft von Patent- und Rechtsanwälten mbB
    Beselerstraße 4
    22607 Hamburg
    Germany
    Tel: +49 (40) 899 654 0
    Fax: +49 (40) 899 654 88
    E-Mail: postmaster@uex.de
    S/MIME certificate
    PGP certificate

    Data protection officer:
    Dr. Bernd Lühr
    Arconda Systems AG
    Sportallee 6
    22335 Hamburg
    Germany
    Tel: +49 (40) 823 158 13
    E-Mail: data-protection@uex.de
    S/MIME certificate
    PGP certificate

    2. Collection and storage of personal data, as well as the nature and purpose of their use

    When you engage us, we collect the following information:

    • Title, first name, last name
    • A valid email address
    • Postal address
    • Phone number (landline and/or mobile phone)
    • Information that is necessary in connection with the engagement for establishing and defending your rights, including your property rights

    These data are collected

    • in order to be able to identify you as our client,
    • in order to be able to advise and represent you on patent and legal matters,
    • for the purposes of correspondence with you, including after the engagement ends, and
    • for billing purposes.

    Data are processed in response to your enquiry, and in accordance with Article 6(1)(b) GDPR, processing is necessary for the appropriate handling of the engagement and for the reciprocal fulfilment of obligations under the contract of engagement.

    The personal data collected by us for establishing the engagement are stored until expiry of the statutory retention period for lawyers (six years after the end of the calendar year in which the engagement was terminated) and then erased, unless in accordance with Article 6(1)(c) GDPR, we are obligated on the basis of retention and documentation duties prescribed by tax or commercial law (the German Commercial Code (HGB), the German Criminal Code (StGB), or the German Fiscal Code (AO)) to store them for a longer period or in accordance with Article 6(1)(a) GDPR, you have consented to storage for a longer period.

    3. The processing of the personal data of others

    In the course of providing our services, we also process personal data of third parties, e.g. those of opposing parties, representatives of opposing parties, contact persons in public authorities, courts and service providers, business contacts etc. This includes in particular contact data (names, addresses, telephone numbers and fax numbers, email addresses etc.) as well as information relating to client matters, which could also contain personal data. Some of this data is collected directly from the Data Subject, some is collected by other means, specifically for the purpose of providing legal advice and representation services to our clients, including the related correspondence and documentation, for the purpose of business communications and in relation to establishing a possible working relationship in the future (e. g. recording contact details of translators, research institutes or other service providers; personal contact details in the course of prior business encounters etc.) or expected other future contacts (e. g. representatives of opposing parties, contact persons in public authorities, courts etc.).

    The legal basis for this processing of data is Art. 6 (1), first sentence, (f) GDPR. The legitimate interest is in the proper and effective provision of legal advice and representation services to clients.

    To the extent that contractual agreements exist between the data subject and us and the processing of personal data occurs in the performance of those agreements, the basis for that processing is Art. 6 (1) first sentence (b) GDPR. The processing may also be necessary in order to comply with a legal obligation; the basis for processing in that case is Art. 6 (1) first sentence (c) GDPR.

    4. Recipients of personal data / transmission to third countries

    Depending on the type of client matter, personal data may also be transferred in the course of working on the matter to third parties who are not processors. This may include, in particular, recipients in the following categories: opposing parties and representatives thereof, courts, authorities, bailiffs, correspondence attorneys and external counsels, translation providers, research providers, consulates, embassies etc.

    Such a transmission to third parties will only occur if and to the extent that

    • the transmission is necessary for the performance of the contract of engagement (legal basis: Art. 6 (1) first sentence (b) GDPR) or
    • this is covered by the client’s consent (legal basis: Art. 6 (1) first sentence (a) GDPR) or
    • the transmission of data is required to preserve our legitimate interests or a third party, in particular a client, and these are not overridden by the interests or fundamental rights and freedoms of the Data Subject, which require the protection of personal data (legal basis: Art. 6 (1) first sentence (a) GDPR).

    In connection with the work on client matters, personal data may be transmitted, depending on the individual case concerned, to third countries, namely countries outside the European Union and the European Economic Area (EEA), or international organisations (e. g. authorities, opponents and their representatives, correspondent attorneys etc.). This includes transmission to countries in relation to which the European Commission has not decided that the country ensures an adequate level of protection (Art. 45 (3) GDPR) and possibly also transfers for which no safeguards under Art. 46 GDPR are provided.

    To the extent that an adequacy decision has not been adopted and/or suitable safeguards have not been provided, a transmission of that kind will only be made in exceptional cases as per Art. 49 (1) first sentence GDPR, in particular if and to the extent that

    • this is necessary for the performance of the contract of engagement or to carry out precontractual steps at the request of the client,
    • this is necessary for the conclusion or performance of a contract entered into in the interests of the client with another natural or legal person,
    • this is necessary for the assertion, exercise and defence of legal claims,
    • an express consent within the meaning of Art. 49 (1). first sentence (a) GDPR, or
    • the transmission is from a register within the meaning of Art. 49 (1) first sentence (g) GDPR (e. g. the German Trade Mark and Patent Register).

    5. Rights of the data subject

    You have the following rights:

    • Pursuant to Article 7(3) GDPR, to withdraw at any time the consent that you granted to us. This means that we may no longer continue with the data processing on which such consent was based;
    • Pursuant to Article 15 GDPR, to obtain information about your personal data processed by us. In particular, you can obtain information about the purposes of the processing, the category of the personal data, the categories of recipient to whom the personal data have been or will be disclosed, the envisaged storage period, the existence of the right to rectification, erasure, restriction of processing and to object, the right to lodge a complaint, and the source of your data where they are not collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about it;
    • Pursuant to Article 16 GDPR, to obtain without undue delay the rectification of inaccurate personal data stored by us or, where they are incomplete, to have them completed;
    • Pursuant to Article 17 GDPR, to obtain the erasure of personal data stored by us, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims;
    • Pursuant to Article 18 GDPR, to obtain restriction of the processing of your personal data where the accuracy of the personal data is contested by you, the processing is unlawful but you oppose their erasure, we no longer need the data but they are required by you for the establishment, exercise or defence of legal claims, or you have objected to processing pursuant to Article 21 GDPR;
      Pursuant to Article 20 GDPR, to receive the personal data that you provided to us in a structured, commonly used, and machine-readable format or to obtain transmission to another controller;
    • Pursuant to Article 77 GDPR, to lodge a complaint with a supervisory authority. To do so, you can normally write to the supervisory authority responsible for your customary place of residence, for your workplace, or for the offices of our law firm.

    6. Right to object

    If your personal data are processed on the basis of legitimate interests pursuant to Article 6(1)(f) GDPR, then pursuant to Article 21 GDPR, you have the right to object to the processing of your personal data on grounds relating to your particular situation. If you would like to make use of your right to revoke consent or your right to object, please send an email to postmaster@uex.de.