Responsible for the contents of this website:
Uexküll & Stolberg Partnerschaft von Patent- und Rechtsanwälten mbB
Beselerstr. 4
D-22607 Hamburg
Phone: +49 40 899 654-0
Fax: +49 40 899 654-88

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

Controller:
Uexküll & Stolberg Partnerschaft von Patent- und Rechtsanwälten mbB

Beselerstr. 4
D-22607 Hamburg
Phone: +49 40 899 654-0
Fax: +49 40 899 654-88
@: postmaster@uex.de
S/MIME certificate
PGP certificate

Data protection officer:
Frank Espenhain
Arconda Systems AG
Sportallee 6
22335 Hamburg
Phone: +49 40 823 158 15
@: datenschutz@uex.de
S/MIME certificate
PGP certificate

2. Collecting and saving personal data and the nature and purpose of our use of such data

When you access our website https://uex.de/, the browser used on your device automatically sends information to our website’s server. This information is stored temporarily in a log file. The following information is thereby recorded and stored without any action on your part until automatically deleted again:

  • IP address of requesting computer;
  • Date and time of access;
  • Name and URL of accessed file;
  • Website from which access takes place (referrer URL);
  • The browser used and, if applicable, the operating system on your computer and the name of your access provider.

We process the data specified above for the following purposes:

  • Ensuring that a smooth connection is established with the website;
  • Ensuring that users have a smooth experience with our website;
  • Evaluating system security and stability; and
  • For other administrative purposes.

The legal basis for our processing of data is Article 6(1)(f) of the GDPR. Our legitimate interest follows from the purposes for data collection listed above. We never use the collected data for the purpose of drawing inferences about your personal identity.
In addition, we employ cookies and analytics services when people visit our website. For further details, see Sections 4 and 5 of this data privacy statement.

3. Disclosure of data

Your personal data will not be conveyed to third parties for any purposes other than those listed below.
We will forward your personal data to third parties only if:

  • You have provided your explicit consent for such disclosure as per Article 6(1)(a) of the GDPR;
  • Disclosure is necessary for the establishment, exercise, or defense of legal claims pursuant to Article 6(1)(f) of the GDPR and there are no grounds for assuming that you have an overriding legitimate interest in the non-disclosure of your data;
  • There is a legal obligation mandating disclosure pursuant to Article 6(1)(c) of the GDPR; and
  • Such action is lawful and necessary for the performance of a contract with you pursuant to Article 6(1)(b) of the GDPR.

4. Cookies

We use cookies on our website. Cookies are small files that are generated automatically by your browser and saved on your device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not cause any damage to your device and do not contain any viruses, Trojan horses, or other malware.

Information is deposited in the cookie that relates specifically to the device used. This does not mean, however, that we can obtain any direct knowledge concerning your identity in this manner.

One of the functions of cookies is to make the experience more pleasant for visitors to our website. For example, we use session cookies to recognize that you have already visited individual pages. These session cookies are deleted automatically when you leave our website.

Furthermore, we also use temporary cookies to optimize user friendliness. These cookies are stored for a defined period on your device. If you visit our website again to use our services, the site automatically recognizes that you were already there and what inputs and settings you made, so that you do not have to enter them again.

Another reason we employ cookies is to statistically record and analyze the use of our website for the purpose of optimizing the contents for users (see Section 5). These cookies allow us to automatically recognize when a user is visiting our website again. These cookies are deleted automatically after a defined period.

The data processed by cookies is necessary for the specified aims for the purposes of the legitimate interests pursued by us or by a third party pursuant to Article 6(1)(f) of the GDPR.

Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are saved on your computer or such that a message always appears before a new cookie is generated. The complete deactivation of cookies may mean that you cannot use all features of our website.

5. Rights of data subject

You have the right:

  • pursuant to Article 15 of the GDPR to obtain information about personal data of yours that we process. In particular, you have the right to obtain information about the purposes of the processing, the category of personal data, the categories of recipients to whom your data was or is being disclosed, the planned storage duration, the existence of a right to rectification, erasure, or restriction of processing or the right to object, the existence of a right to complaint, the origin of your data insofar as not collected by us, and the existence of automated decision-making, including profiling, along with any meaningful information concerning the particulars thereof;
  • pursuant to Article 16 of the GDPR to obtain without undue delay the rectification of incorrect personal data or the completion of incomplete data we have stored concerning you;
  • pursuant to Article 17 of the GDPR to obtain the erasure of personal data we have stored concerning you, to the extent that processing is not 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 defense of legal claims;
  • pursuant to Article 18 of the GDPR to obtain the restriction of processing of your personal data, to the extent that you contest the accuracy of the personal data; the processing is unlawful and you oppose the erasure of the personal data; we no longer need the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defense of legal claims; or
  • pursuant to Article 21 of the GDPR, you have lodged an objection to the processing;
  • pursuant to Article 20 of the GDPR, to receive the personal data you have provided to us, in a structured, commonly used, and machine-readable format, or to obtain the transmission of this data to another controller;
  • pursuant to Article 7(3) of the GDPR, to withdraw at any time the consent you once gave us; this means that we will no longer be allowed to continue the data processing that was based on this consent; and
  • pursuant to Article 77 of the GDPR, to lodge a complaint with a supervisory authority; this will generally be the supervisory authority with jurisdiction for your habitual residence or place of work or the headquarters of our firm.

6. Right to object

To the extent that your personal data is being processed on the basis of legitimate interests pursuant to Article 6(1)(f) of the GDPR, then you shall have the right pursuant to Article 21 of the GDPR to object to the processing of your personal data, insofar as there are grounds arising from your particular situation or the objection pertains to direct marketing. In the latter case, you have a general right to object, which we shall implement without reference to any particular situation.

If you would like to exercise your right of withdrawal or objection, simply send an email to this effect to: postmaster@uex.de

7. Data security

For your website visit, we use the widely adopted SSL (Secure Socket Layer) protocol in conjunction with the highest level of encryption supported by your browser. In most cases, this will be 256-bit encryption. But if your browser does not support 256-bit encryption, we revert to 128-bit v3 technology instead. You can recognize whether an individual page on our website is transmitted using encryption by checking whether the key or lock symbol on the lower status bar of your browser is shown as being closed.
Moreover, we employ suitable technical and organizational security measures to safeguard your data against random or intentional manipulation, against partial or complete loss or destruction, and against unauthorized third-party access. Our security measures are continually updated in keeping with technological development.

8. Current validity of and amendments to this data privacy statement

This version of the data privacy statement from May 2018 is currently valid.
Due to the further development of our website and the offerings available on it, or due to changes in statutory or official requirements, we may need to amend this data privacy statement from time to time. You can always access the latest valid version of the data privacy statement on our website at https://uex.de/datenschutz and print out the file accordingly.

9. Plugins and tools

This website uses the Google Maps service via an API. The provider of this service is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use the features of Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the United States and stored there. The provider of this website has no influence over this data transfer.
We employ Google Maps for the purpose of enhancing the display of our online offerings and making it easier for visitors to locate the places mentioned by us on the website. This constitutes a legitimate interest as per Article 6(1)(f) of the GDPR.
You can find more information on how Google handles user data in the Google data privacy statement: https://www.google.de/intl/de/policies/privacy/.

The following notes on data processing in relation to clients are provided to fulfill our information duties pursuant to Articles 13 and 14 of the GDPR.

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

Controller:
Uexküll & Stolberg Partnerschaft von Patent- und Rechtsanwälten mbB
Beselerstr. 4
D-22607 Hamburg
Phone: +49 40 899 654-0
Fax: +49 40 899 654-88
@: postmaster@uex.de
S/MIME certificate
PGP certificate

Data protection officer:
Frank Espenhain
Arconda Systems AG
Sportallee 6
D-22335 Hamburg
Phone: +49 40 823 158 15
@: datenschutz@uex.de
S/MIME certificate
PGP certificate

2. Collecting and saving personal data and the nature, purpose, and use of such data

When you engage us to represent you, we collect the following information:

  • Title, first name, last name
  • Valid email address
  • Postal address
  • Phone number (landline and/or cellphone)
  • Information that is necessary for the assertion and defense of your rights, in particular your IP rights, in the context of the mandate.

This data is collected:

  • To be able to identify you as our client
  • To allow our patent attorneys and attorneys at law give you appropriate advice and representation
  • For correspondence with you, including after the client relationship has ended
  • For invoicing.

The data is processed at your request and, pursuant to Article 6(1)(b) of the GDPR, the processing is necessary for the stated purposes for the due performance of the mandate and for the reciprocal fulfillment of obligations from the mandate contract.

The personal data we collect for the mandate is stored up until the expiry of the statutory retention obligation for attorneys (6 years starting from end of calendar year in which the mandate ended) and then deleted,
unless we are obliged to store the data for longer pursuant to Article 6(1)(c) of the GDPR on account of retention and documentation obligations under fiscal and commercial law (arising from German Commercial Code (HGB), German Criminal Code (StGB), or German Fiscal Code (AO)), or else you have consented to the data being stored for a period beyond this pursuant to Article 6(1)(a) of the GDPR.

3. Processing the personal data of other persons

In performing our services, we also process the personal data of third parties, such as the data of opposing parties, opponent representatives, contact persons at official agencies, courts, and service providers, business contacts, etc. This includes in particular contact details (names, addresses, phone and fax numbers, email addresses, etc.) and mandate-related information, which itself can contain personal data. This data is collected in part directly from the data subjects and partially otherwise, and is collected for the purpose of performing the professional advice and representation services for our clients, including the relevant correspondence and documentation, for the purposes of business communication and with a view to establishing a possible future collaboration (e.g. recording the contact details of translators, research institutes, or other service providers; personal contact details from previous business encounters, etc.) or anticipated additional future contacts (e.g. opponent representatives, contact persons at official agencies, courts, etc.).

The legal basis for this processing is Article 6(1)(f) of the GDPR. Legitimate interest consists in the proper and effective performance of professional attorney advice and representation services for the client.

To the extent that contractual relationships exist between the data subjects and ourselves and their personal data is processed in fulfillment of this contract, this processing shall be based on Article 6(1)(b) of the GDPR. Should a circumstance arise whereby processing of the data is necessary to comply with a legal obligation, then the processing shall be based on Article 6(1)(c) of the GDPR.

4. Recipients of personal data / transfers to third countries

Depending on the nature of the mandate, personal data can furthermore be transferred to third parties who are not the processor in the course of carrying out the mandate. In particular, this might include the following kinds of recipients: opponents and opponent representatives, courts, official bodies, judicial officers, communicating attorneys and sub-agents, translation service providers, research service providers, consulates, embassies. etc.

Such transfer of data to third parties takes place only if and to the extent that:

  • The transfer is necessary for the fulfillment of the mandate contract (legal basis: Article 6(1)(b) GDPR); or
  • The transfer is covered by the consent provided by the client (legal basis: Article 6(1)(a) GDPR); or
  • The transfer is necessary to preserve our legitimate interest or that of a third party, in particular clients, insofar as this is not overridden by the interests or underlying rights and freedoms of the data subject (legal basis: Article 6(1)(a) GDPR).

In connection with mandate processing, personal data may, according to the circumstances of the individual case, be transferred to third countries – that is to say, countries outside the European Union and the European Economic Area (EAA) – or international organizations (e.g. official bodies, opponents and opponent representatives, communicating attorneys, etc.). This includes transfers to countries in relation to which no decision by the European Commission exists concerning the existence of an adequate level of protection (Article 45(3) GDPR) and potentially also transfers for which no guarantees are provided pursuant to Article 46 of the GDPR.

To the extent that an adequacy decision does not exist and/or suitable guarantees are not provided, such transfers take shall place only in the exceptional cases laid out in Article 49(1) of the GDPR, and in particular only if and insofar as:

  • This is necessary for the fulfillment of the mandate contract or for the performance of pre-contractual measures at the request of the client;
  • This is necessary for the completion or fulfillment of a contract concluded with another natural or legal person on behalf of the client;
  • This is necessary for the establishment, exercise, and defense of legal claims;
  • Explicit consent has been granted pursuant to Article 49(1)(a) of the GDPR; or
  • The transfer is made from a register pursuant to Article 49(1)(g) of the GDPR (e.g. trademark or patent register).

5. Rights of data subject

You have the right:

  • pursuant to Article 7(3) of the GDPR, to withdraw at any time the consent you once gave us; this means that we will no longer be allowed to continue the data processing that was based on this consent;
  • pursuant to Article 15 of the GDPR to obtain information about personal data of yours that we process. In particular, you have the right to obtain information about the purposes of the processing, the category of personal data, the categories of recipients to whom your data was or is being disclosed, the planned storage duration, the existence of a right to rectification, erasure, or restriction of processing or the right to object, the existence of a right to complaint, the origin of your data insofar as not collected by us, and the existence of automated decision-making, including profiling, along with any meaningful information concerning the particulars thereof;
  • pursuant to Article 16 of the GDPR to obtain without undue delay the rectification of incorrect personal data or the completion of incomplete data we have stored concerning you;
  • pursuant to Article 17 of the GDPR to obtain the erasure of personal data we have stored concerning you, to the extent that processing is not 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 defense of legal claims;
  • pursuant to Article 18 of the GDPR to obtain the restriction of processing of your personal data, to the extent that you contest the accuracy of the personal data; the processing is unlawful and you oppose the erasure of the personal data; we no longer need the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defense of legal claims; or
  • pursuant to Article 21 of the GDPR, you have lodged an objection to the processing;
  • pursuant to Article 20 of the GDPR, to receive the personal data you have provided to us, in a structured, commonly used, and machine-readable format, or to obtain the transmission of this data to another controller;
  • pursuant to Article 77 of the GDPR, to lodge a complaint with a supervisory authority; this will generally be the supervisory authority with jurisdiction for your habitual residence or place of work or the headquarters of our firm.

6. Right to object

To the extent that your personal data is processed on the basis of legitimate interest pursuant to Article 6(1)(f) of the GDPR, you have the right, pursuant to Article 21 GDPR, to lodge an objection to the processing of your personal data, insofar as there are grounds for doing so that arise from your particular situation. If you would like to exercise your right to object, simply send an email to that effect to: postmaster@uex.de.