Data privacy statement:
1 Preamble
As a law firm Dr. Michael Brandauer (hereinafter: "bmp LEGAL", "we" or "us") gives highest priority to the protection of your personal data. Due to our pro- fessional duty of confidentiality, we are committed to the utmost secrecy in all of our dealings. When using your personal data, we therefore naturally observe all data protection regulations, including but not limited to the provisions of the EU General Data Protection Regulation (hereinafter: "GDPR"). In this statement we set out which of your personal data will be processed by us, disclose the purposes for which data is processed and how you can exercise your rights under the GDPR.
2 Personal data and data processing purposes
We process your personal data in reliance on our engagement, thus based on the contractual relationship between us.
We also process your personal data for the purpose of sending you newsletters on current legal developments and inviting you to certain events ("Business Breakfast", etc.) only with your consent, which you can revoke at any time.
We will process your contact details (your name, phone number, email address, your company name and your position) also to optimise our contact management (Client Relationship Management "CRM"). Of course, you are entitled to object to any further processing of your data for the optimisation of our contact management at any time. If you exercise your right to object, we ask you to give us the reasons for doing so. If you send us a reasoned notice of objection, we will examine the facts and either cease or adjust the processing operations or inform you of compelling and legitimate reasons why it is necessary to continue the data processing opera- tions.
Furthennore, we process your personal data in reliance on any other legal basis in accordance with GDPR and in compliance with data protection and civil law provi- sions.
We collect only personal data, which is necessary in order to carry out and execute our legal services, or data which you have provided to us on a voluntary basis. Please note that under certain circumstances, we might abstain from accepting an engagement if you fail to provide, or provide incomplete personal data which is necessary to execute and implement our legal services.
Personal data means any information containing details of personal or material clr- cumstances such as name, address, e-mail address, phone number, date of birth, age, sex, social security number, video recordings, photos, voice recordings of indi- vlduals, and biometric data such as fingerprints. Personal data can also include spe- cial categories of data such as health data or data relating to criminal proceedings.
3 Your rlghts in connection with your personal data
As a dient or generally as a data subject according to GDPR, and subject to the attorney-client privilege, you have the right to information on your stored personal data, on their origin and recipients, the duration of storage, and the purpose of data processing.
If we process inaccurate or incomplete personal data, you have the right to rectiti- cation or completion of such data.
You may also request us to erese data, which have been processed unlawfully. Please note that you may exercise this right only in respect of inaccurate, incomplete or unlawfully processed data.
If it is unclear whether your personal data is inaccurate, incomplete, or unlawfully processed, you may request us to llmit the processing of your data until this issue has been resolved.
As indicated in Section 2, you have the right to object to the processing of your personal data if we have a legitimate interest in such data processing. If you exer- cise your right to object, we ask you to give the reasons for doing so. Please note that these rights complement each other; you can therefore request us only to either rectify or complete, or erase your data. In certain cases, you also have the right to receive your personal data processed by us in a machine-readable format of our choice, or to instruct us to transmit such data directly to a third party of your choice; in this context, data portability must not be precluded by unreasonable efforts or legal or other obligations or requirements of confidentiality.
We ask you to address all inquiries in connection with the processing of your per- sonal data to our Data Protection Officer, along with an electronic copy of an identity document to verify your identity. Our contact details can be found in Section 13 of this Data Privacy Statement.
We ask that you notify us of any change in your personal data.
Despite our best efforts to guarantee the protection and integrity of your data, we cannot fully rufe out that disagreements will arise on the nature of the use of your data. If you consider that we are unlawfully using your data, you may lodge a com- plaint with the Austrian Data Protection Authority. However, we hope that you will contact us First and we can address and dispel any doubts you may have.
4 Website and events
4.1 Website
You may use our website and access its public content generally without having to disclose your personal data. We only record infonmation provided by your intemet provider, including but not limited to your IP address and the duration and time of your visit. This information is saved du ring the time of your visit and analysed solely for statlstical purposes under strict protection of anonymity.
We also collect your personal data, if you disclose such data voluntarily or explicitly when you visit our website in connection with using the services offered on the website (e.g. press releases and newsletter, career portal). We only use this infor- mation for the specific purpose of the individual service and in compliance with ap- plicable laws.
4.1.1 Press releases and newsletters
Our press releases provide the latest updates and information on Schoenherr deals. Our newsletters allow you to access infonmation on the latest legal developments and update you on our annual Roadmap and other bmpLEGAL publications.
This service simply requires you to disclose your e-mail address and make a decision as to whether you want to receive our press releases or our newsletters.
4.1.2 Career portal
You can use our career portal to submit an application for a job opening. We are happy to receive your application. We require certaln infonmation from you to assess whether we can offer you a suitable position.
We collect only personal data whlch you have disclosed in your job applica- tion: academic degree, name, contact detalls, lnterests, CV, letter of moti- vatlon, reference letters and any other information and documents you have sent In.
4.2 Events
Our popular events, workshops and lectures (collectively: "Events") provide detailed information on latest developments in different areas of law and also allow you to network with industry participants and meet the bmp LEGAL lawyers personally. You are therefore welcome to attend these Events at any time. We will use only your contact details to send out invitations and, in our legitimate interest, process your name, your company, and your position to optimize contact management.
5 Data security
We have taken appropriate organisational and technical measures to ensure the protection of your personal data in particular against unauthorised, unlawful or ac- cidental access, processing, loss, use and tampering.
In spite of our efforts of ensuring an appropriately high standard of diligence re- quirements at all tlmes, it cannot be ruled out that information you have provided via the internet will be accessed or used by other persons.
Please note that we can therefore not assume any liability whatsoever for the dis- closure of information due to errors in the data transfer and/or unauthorised access by third parties not caused by us (e.g. hacking of e-mail accounts, telephone, or interception of fax messages).
6 Use of data
When concluding a client-attorney relationship or a contractual relationship with us, you will disclose your (or your relatives', co-workers' or other third parties') personal data and business or trade secrets. In all these cases, we generally assume that you are authorised to disclose this data. We use your data and data of third parties nominated by you, only to the extent this is necessary for the proper establishment and processing of our mandate or contractual relationship with you.
We will not process data made available for purposes other than those covered by your consent or otherwise by a provision in accordance with GDPR, except for the use for statistical purposes, provided that data made available was anonymised.
7 Transfer of data to thlrd parties
7.1 Mandate
The execution of your mandate may require us to transfer your data to third parties ( e.g. to your opponent, to substltute lawyers, to insurance companies and service providers we may use and to which we provide data, etc.), and to courts or author- ities. Also, an international issue arising in connection with a mandate may require us to exchange data within the bmp LEGAL offices. Data will be transferred only in reliance on data protection laws and in particular to execute your mandate or based on your prior consent.
Furthermore, we would like to inform you that information relating to the specific circumstances of your case may regularly be sourced from third parties (e.g. search engines, social networks, your company website) in connection with our legal ser- vices. We may also have to disclose your personal data to courts or authorities on request. However, in all these cases, we will always ensure that we comply with legal regulations and protect your data.
Some of the above recipients of your personal data are located abroad or outside the EU/EEA and process your personal data there. The level of data protection in other countries may not be exactly equal to the level of protection in Austria. We will ensure that the European level of data protection and the European data security standards are maintained. For this reason, we will transfer your personal data only to countries which the EU Commission decided have an appropriate level of data protection, or we will take measures to ensure that all recipients maintain an ap- propriate level of data protection; for this purpose we will conclude standard con- tractual clauses (2010/87/EC and/or 2004/915/EC).
7.2 Website
Due to the complexity of today's data processing operations, we may sometimes have to appoint processors for the processing of your data. Some of these proces- sors are located outside the territory of the EU/EEA. However, whenever we use processors, we always ensure to maintain the European level of data protection and the European data security standards.
Should you have submitted a job application via our career portal, we may also source data about you from third parties (e.g. search engines, social networks).
8 Notification of data incidents
We aim to ensure that data incidents are detected at an early stage and immediately reported to you or to the competent supervisory authority, including the respective data categories concemed.
9 Storage of data
We will store data no langer than is necessary to fulfil our contractual or legal obli- gations and to defend liability claims, if any.
10 Cookies
This website uses "cookies" to ensure that our services are user-friendly and more effective for our clients.
A "cookie" is a tiny text file that is downloaded by our web server on the hard drive of your computer via your browser and allows our website to recognise you as a user if a connection is made between our web server and your browser. Cookies help us to establish the frequency of use and the number of users who visit our website. The content of the cookies we use is confined to an identification number and does not allow us to personally identify a user. The main purpose of cookies is to recognise the user of a website.
Ou r website uses two types of cookies:
- Session cookies: These are transient cookies stored in temporary memory, which are automatically erased when you close your browser.
- Permanent cookies: Cookies are stored on your hard drive to enhance user friendliness and allow us to recognise you when you visit our website again.
You can adjust the settings on your browser (i) to activate functionality which noti- fies you on the setting of cookies and to allow cookies only in a particular case, (ii) you may disable cookies for certain cases or in general, and (iii) you can also acti- vate functionality which will automatically delete cookies when you close your browser. Disabling cookies may result in disabling certain functionality and features of this site.
11 Server-log-files
For optimised system performance, user friendliness and the provision of useful in- formation on our services, the website provider automatically collects and stores so- called server log files, which your browser automatically transmits to us. This infor- mation includes your IP address, browser and language settings, operating system, referrer URL, your internet service provider, and the date/time of your visit.
This data is not pooled with sources of personal data. We reserve the right to ex- amine this data later on if there is solid evidence, which suggests unlawful use.
12 Legal basis
12.1 Client-attorney-relationship
Our mandate as a law firm requires us to represent your interests zealously, faith- fully and conscientiously. We are therefore legally required in our clients' interest to collect any personal data about our clients needed for conscientious representation of our clients. Furthermore, we process your personal information based on the engagement contract, your consent or any other purposes covered by data protec- tion laws. We use your personal data for statistical purpose only when anonymised.
12.2 Website
All personal data collected via our website are voluntarily provided by you. You thereby express your consent to the processing of such data.
12.3 Events
We will invite you to our events if you have signed up for an event, workshop or lecture. In this case, your invitation is sent out based on your consent, which you may revoke at any time.
If you are or were a dient, it is in our legitimate interest to invite you to events. You can notify us at any time that you do not wish to receive any further invitations.
Staying in touch with our Former lawyers and co-workers is a matter of particular concern to us. We will send you these invitations also in reliance on your consent, which you can revoke at any time.
12.4 Client Relationship Management ("CRM")
If you have contacted us, we will be in possession of your contact details. It ls in our legitimate interest to process your contact details. However, you may certainly object at any time to any further processing of your data for the optimisation of our contact management.
13 Contact details
Controller of all your personal data is:
Dr. Michael Brandauer, LL.M.
bmp LEGAL
law office Österreich law office Liechtenstein
Marktgasse 11 Industriering 21
A-6800 Feldkirch FL-9491 Ruggell
Tel: +43 / 5522 / 71900 Tel: +423 237 27 77
E-Mail: kanzlei@bmplegal.at kanzlei@bmplegal.li