Privacy policy
INFORMATION CONCERNING DATA PROTECTION
1 Name and contact details of the controller.
This data protection information applies to data processing through:
kpw
kpw Solicitors | Specialist Lawyers for Criminal Law
Meinekestrasse 13
10719 Berlin Germany
Tel.: +49 30 92 10 233 – 0
Fax: +49 30 92 10 233 – 99
E-mail : info@kpw.berlin
Internet: www.kpw.berlin
The data protection officer of kpw Solicitors | Specialist Lawyers for Criminal Law can be contacted under:
Lawyer Dr. Toralf Nöding
Alt-Moabit 62
10555 Berlin Germany
E-mail : datenschutz@kpw-recht.de
2 Collection and storage of personal data as well as the manner and purpose of its usage
By visiting our website www.kpw.berlin, the browser of your device automatically sends information to the server of our website. This information is temporarily stored in a so-called logfile. Until automatically deleted, the following data will be stored without any further input from you:
– IP address of the device accessing the website
– Date and time of access
– Name and URL of the accessed file
– Website from which access is initiated (referrer URL)
– Browser used by you and, as the case may be, the operating system of your device as well as the name of your access provider.
The data mentioned will be processed by us for the following purposes:
– Ensuring a smooth connection to the website
– Ensuring to use our website comfortably
– Analysis of system security and stability
– Further administrative purposes
The legal basis of the processing of data is art. 6 par. 1 (1) lit. f GDPR. Our legitimate interest results from the above-mentioned purposes of data collection. The data collected will under no circumstances be used to draw conclusions as to you as an individual.
Furthermore, we use cookies and analytical services on our website, for further information see 4 and 5 of this data privacy statement.
3 Information disclosure
A transfer of your personal data to third parties for purposes other than those listed below will not take place.
We will not share your personal data with any third party unless:
– you have given expressed consent pursuant to art. 6 par. 1 (1) lit. a GDPR,
– the sharing of data is necessary for the establishment, exercise or defence of legal claims and no reason seems to apply that you have an overriding and legitimate private interest in preventing your data from being passed on,
– in case there is a legal obligation for the data to be passed on pursuant to art. 6 par. 1 (1) lit. c GDPR, as far as legally permissible for the settlement of the terms and conditions of the contract pursuant to art. 6 par. 1 (1) lit. b DSGVO.
4 Cookies
We use cookies on our website. Cookies are small files that your browser creates automatically and that are stored on your device (laptop, tablet, smartphone, etc) when you visit our website. Cookies do not damage your device, they do not contain viruses, Trojans or other malware.
Cookies store information resulting in each case in connection with the specific device used. However, this does not mean that we thereby directly obtain information about your identity.
The use of cookies serves to make the use of our website more convenient for you. For example, we use so-called session cookies that show us which pages you have visited on our website. These cookies are deleted automatically as soon as you leave the website.
Furthermore, we use temporary cookies to optimize user-friendliness. They will be stored on your device for a certain fixed period of time. If you visit our website again to use our services it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again.
We also use cookies to statistically analyse how you use our website in order to improve and optimize our services (no. 5). These cookies allow us to automatically recognize that you have already visited our website. These cookies will be automatically deleted after a certain time period.
The data processed by cookies are required for the abovementioned purposes of safeguarding our legitimate interests as well as those of third parties pursuant to art. 1 par. 1 (1) f GDPR.
Most browsers accept cookies automatically. However, you can configurate your browser so that no cookies will be stored on your computer or that a notice is displayed before a new cookie is created. Completely deactivating all cookies may result in some functions of our website no longer being able to be used.
5 Analysis tools/tracking tools
The tracking measures used by us as specified below are performed on the basis of art. 6 par.1 (1) GDPR. With the tracking measures used we want to ensure that our website is designed to meet the needs of our users and to continuously optimize our website. We also use tracking measures to statistically analyse the use of our website and to optimize our services for you. These interests are to be considered legitimate in accordance with the abovementioned provision.
The respective data processing purposes and data categories can be found in the relevant statements on the tracking tools.
i) Google Analytics
For the purpose of ensuring that the design of our website meets the requirements of our users and can be optimized on a regular basis we use Google Analytics, a web analytic service provided by Google Inc. (https://about.google) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, henceforth ‘Google’). Pseudonymized usage profiles and cookies are created in this context (see no. 4) The information generated by the cookie about using this website such as:
– browser type/version
– used operating system
– referrer URL (page previously visited)
– hostname of your computer (IP address)
– time of the server request,
will be transferred to and stored in a server operated by Google. This information will be used to analyse the use of the website, to compile reports about website activities and to provide other services related to website and internet use for the purposes of market research and ensuring that the design of the website meets user requirements. The information may also be transferred to third parties insofar this is required by law or insofar third parties have been commissioned to process these data. On no account will your IP address be linked with other Google data. IP addresses will be anonymized so that no assignment is possible (IP masking).
You may refuse the installation of cookies by selecting the appropriate settings on your browser; however, please note that in this case you may not be able to use the full functionality of this website.
You can also prevent the data generated by the cookie related to your use of the website (including your IP address) from being collected and processed by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).
Alternatively to the browser add-on, particularly for browsers on mobile devices, you can prevent data collection by Google Analytics by clicking this link. An opt-out cookie will be set which prevents the future collection of your data when visiting this website. The opt-out cookie is valid only in this browser and only for our website and is placed on your device. If you delete the cookies in this browser you have to set the opt-out cookie again.
For more information about data privacy related to Google Analytics see, for example, https://support.google.com/analytics/answer/6004245?hl=en
ii) Matomo
We use the open source software Matomo on our website to analyse and collect traffic statistics. We use cookies for this (see no. 4). The information generated by the cookie about the usage of the website is transmitted to our server and stored in pseudonymized user profiles. The information is used to analyse the usage of the website and to ensure that the design of the website meets user requirements. No information will be passed on to third parties.
On no account will the IP address be linked with other data related to the user. IP addresses are anonymized to that no assignment is possible (IP masking).
Your visit of this website is currently recorded by Matamo Web Analysis. Click here to prevent this (https://matamo.org/docs/privacy/).
6 Rights of the data subject
You have the right
– pursuant to art. 15 GDPR to request information about personal data processed by us. You can also request information about the purpose of the processing, categories of the personal data concerned, categories of recipients to whom the personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of a right to request rectification, erasure or restriction of processing of personal data or to object to such processing, the right to lodge a complaint, to request information about the source of your personal data where they are not collected by us as well as to request detailed information about the existence of automated decision-making, including profiling and, if necessary, meaningful information about details;
– pursuant to art. 16 GDPR to request without undue delay the rectification of inaccurate data stored with us;
– pursuant to art. 17 GDPR to request the erasure of personal data stored with us, unless the 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 art. 18 GDPR to request the right to restriction of processing your personal data if the accuracy of the personal data is contested by you, or if the processing is unlawful and you opposes the erasure of the data and we no longer need the data but you require them for the establishment, exercise or defence of legal claims or if you have lodged an objection against the processing pursuant to art. 21 GDPR;
– pursuant to art. 20 GDPR to receive your personal data that you have provided to us in a structured, commonly used and machine–readable format or to request the transmission of the data to another responsible person;
– pursuant to art. 7 par. 3 GDPR to withdraw your consent that you have given to us previously. As a result, we are no longer allowed to process those data for which a consent has been given previously and
– pursuant to 77 GDPR the right to lodge a complaint with a supervisory authority. Usually you can contact the supervisory authorities of your usual residence or workplace or the location of our law firm.
7 Right to objection
Provided your personal data are processed on the basis of legitimate interests pursuant to art. 6 par. 1(1) f GDPR, you have the right to object to the processing of your personal data pursuant to art. 21 GDPR, on grounds relating to your specific situation or where personal data are processed for direct marketing purposes. In the latter cases you have a general right to object, which we will implement without any information of your specific situation.
Please send an e-mail to info@kpw-recht.de if you want to use your right to withdrawal consent or your right of objection.
8 Data security
During your visit of our website we use SSL (Secure Socket Layer), a widely used protocol, in conjunction with the highest level of encryption that is supported by your browser. This is usually a 256-bit encryption. If your browser does not support a 256 encryption, we use 128-bit v3 technology instead. The transfer of encrypted data on a single page of our website is shown by an unbroken key or lock symbol in the bottom line of your browser.
In addition, we use technical and organizational security measures to protect your data against accidental or deliberate manipulation, partial or complete loss, destruction or the unauthorized access of third parties. We continuously improve our security measures according to the state of the art.
9 Client inquiries
When sending us a mandate inquiry, you are consenting to processing and storing your personal data for the purpose of processing your inquiry and as proof of the manner in which your data has been processed.
10 Use of Monotype GMbH Webfonts
We use external fonts provided by ‘fonts.com’ for the uniform display of fonts on our website, namely the font service of Monotype GmbH, 61352 Bad Homburg, Werner-Reimers-Straße 2-4. When accessing the website, your browser loads the necessary webfonts in your browser cache to display text and fonts correctly. Each time our website is accessed a pageview tracking is carried out, in accordance with the ‘fonts.com’ licence terms, meaning that for statistical purposes the views are being counted and transmitted to Monotype GmbH, possibly through JavaScript code in your browser.
To this end, your browser has to connect to the servers of Monotype GmbH. The use of webfonts is carried out in the interest of a uniform and informative display of our online services. This is a legitimate interest within the meaning of art. 6 par. 1 lit. f. For more information on ‘font.com’ and webfonts provided by Monotype GmbH see https://www.monotype.com/legal/privacy-policy
11 Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
12 Data protection provisions about the application and use of Google Remarketing
On this website, the controller has integrated Google Remarketing services. Google Remarketing is a feature of Google AdWords, which allows an enterprise to display advertising to Internet users who have previously resided on the enterprise’s Internet site. The integration of Google Remarketing therefore allows an enterprise to create user-based advertising and thus shows relevant advertisements to interested Internet users.
The operating company of the Google Remarketing services is the Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The purpose of Google Remarketing is the insertion of interest-relevant advertising. Google Remarketing allows us to display ads on the Google network or on other websites, which are based on individual needs and matched to the interests of Internet users.
Google Remarketing sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google enables a recognition of the visitor of our website if he calls up consecutive web pages, which are also a member of the Google advertising network. With each call-up to an Internet site on which the service has been integrated by Google Remarketing, the web browser of the data subject identifies automatically with Google. During the course of this technical procedure, Google receives personal information, such as the IP address or the surfing behaviour of the user, which Google uses, inter alia, for the insertion of interest relevant advertising.
The cookie is used to store personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to the interest-based advertising by Google. For this purpose, the data subject must call up the link to www.google.de/settings/ads and make the desired settings on each Internet browser used by the data subject. Further information and the actual data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
13 Data protection provisions about the application and use of Google-AdWords
The website operator uses Google Ads. Google Ads is an online promotional program of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Ads enables us to display ads in the Google search engine or on third-party websites, if the user enters certain search terms into Google (keyword targeting). It is also possible to place targeted ads based on the user data Google has in its possession (e.g., location data and interests; target group targeting). As the website operator, we can analyze these data quantitatively, for instance by analyzing which search terms resulted in the display of our ads and how many ads led to respective clicks.
The use of these services occurs on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TTDSG. You may revoke your consent at any time.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://policies.google.com/privacy/frameworks and https://privacy.google.com/businesses/controllerterms/mccs/.
14 Data protection provisions about the application and use of Hotjar
This website utilizes Hotjar. The provider is Hotjar Ltd., Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe (website: https://www.hotjar.com).
Hotjar is a tool used to analyze your user patterns on this website. Hotjar allows us to for instance record your mouse and scroll movements as well as your click. During this process, Hotjar also has the capability to determine how long your cursor remained in a certain position. Based on this information, Hotjar compiles so-called Heatmaps, that make possible to determine which parts of the website the website visitor reviews with preference.
We are also able to determine how long you have stayed on a page of this website and when you left. We can also determine at which point you suspended making entries into a contact form (so-called conversion funnels).
Furthermore, Hotjar can be deployed to obtain direct feedback from website visitors. This function aims at the improvement of the website offerings of the website operator.
Hotjar uses technologies that make it possible to recognize the user for the purpose of analyzing the user patterns (e.g., cookies or the deployment of device fingerprinting).
If your approval (consent) has been obtained the use of the abovementioned service shall occur on the basis of Art. 6(1)(a) GDPR and § 25 TTDSG (German Telecommunications Act). Such consent may be revoked at any time. If your consent was not obtained, the use of the service will occur on the basis of Art. 6(1)(f) GDPR; the website operator has a legitimate interest in the analysis of user patterns to optimize both, the web presentation and the operator’s advertising activities.
Deactivation of Hotjar
If you would like to deactivate the recording of data by Hotjar, please click on the link below and follow the instructions provided under the link: https://www.hotjar.com/policies/do-not-track/.
Please keep in mind that you will have to separately deactivate Hotjar for every browser and every device.
For more detailed information about Hotjar and the data to be recorded, please consult the Data Privacy Declaration of Hotjar under the following link: https://www.hotjar.com/privacy.
Data processing
We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.
15 Online-based Audio and Video Conferences (Conference tools)
1 Data processing
We use online conference tools, among other things, for communication with our customers. The tools we use are listed in detail below. If you communicate with us by video or audio conference using the Internet, your personal data will be collected and processed by the provider of the respective conference tool and by us. The conferencing tools collect all information that you provide/access to use the tools (email address and/or your phone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “context information” related to the communication process (metadata).
Furthermore, the provider of the tool processes all the technical data required for the processing of the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection. Should content be exchanged, uploaded, or otherwise made available within the tool, it is also stored on the servers of the tool provider. Such content includes, but is not limited to, cloud recordings, chat/ instant messages, voicemail uploaded photos and videos, files, whiteboards, and other information shared while using the service. Please note that we do not have complete influence on the data processing procedures of the tools used. Our possibilities are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of
the tools used, and which we have listed below this text.
2 Purpose and legal bases
The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6(1)(b) GDPR). Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest in the meaning of Art. 6(1)(f) GDPR). Insofar as consent has been requested, the tools in question will be used on the basis of this consent; the consent may be revoked at any time with effect from that date.
3 Duration of storage
Data collected directly by us via the video and conference tools will be deleted from our systems immediately after you request us to delete it, revoke your consent to storage, or the reason for storing the data no longer applies. Stored cookies remain on your end device until you delete them. Mandatory legal retention periods remain unaffected. We have no influence on the duration of storage of your data that is stored by the operators of the conference tools for their own purposes. For details, please directly contact the operators of the conference tools.
4 Conference tools used
We employ the following conference tools:
16 Zoom
We use Zoom. The provider of this service is Zoom Communications Inc, San Jose, 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA. For details on data processing, please refer to Zoom’s privacy
policy: https://zoom.us/en-us/privacy.html.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://zoom.us/de-de/privacy.html.
1 Data processing
We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website
visitors only based on our instructions and in compliance with the GDPR.
17 Up-to-dateness and amendments of this data privacy statement
This data privacy statement is currently valid and has the status June 2021. Due to the further development of our website and service on it or due to altered legal or official requirements, it may become necessary to amend this data privacy statement. You may access and print the applicable version of our data privacy statement from our website at any time.
This Privacy Policy (Points 11. – 12.) has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW Christian Solmecke .