Privacy Statement

Please read the following privacy statement on collecting and storing personal data, purposes of processing, disclosure of data to third parties, cookies, data subject’s rights, the right to object and data security on our website. We strictly observe the legal provisions of the European General Data Protection Regulation – GDPR (“Datenschutzgrundverordnung – DSGVO”), the German Data Protection Act (“Bundesdatenschutzgesetz – BDSG”) and the German Telemedia Act (“Telemediengesetz – TMG”).

1. Personal Data

Data protection protects personal data. Personal data is information about you that can be used alone, or combined with other information, to identify you personally, e.g. your name, address, e-mail address or telephone number and possibly also usage data like your IP address.

2. Name and contact of controller and data protection officer

Responsible for the data processing is:

ENDEMANN.SCHMIDT Partnerschaft von Rechtsanwälten mbB
Arnulfstraße 56
D-80335 München
Deutschland
Telephone:  +49.89.2000568-0
Fax:              +49.89.2000568-99
Email: muenchen@es-law.de

is responsible for this website.

The address and contact details of our data protection officer are as follows:

caprica GmbH & Co. KG, Einsteinstraße 12, 85716 Unterschleißheim
Mr. Konstantin Wolf
Email:           k.wolf@caprica-consulting.de
Telephone:  +49.89.2000693-0
Fax:              +49.89.2000693-81

3. Information on processing and storing data

When you are visiting our website www.es-law.de certain information is automatically sent by the browser used on your terminal to the server of our website. This information is temporarily stored in a log file. In the course of this procedure, the following data is collected and stored, without any action on your part, until the time of automatic deletion:

• IP address of the inquiring computer,
• date and time (UTC) of access,
• name and URL of the pages you view at this site,
• access duration,
• HTTP status code,
• quantity of data transmitted,
• the website from which you visited us (Referrer URL),
• web browser used and version of the software,
• operating system used and version of system,
• port number.

The above-mentioned information does not qualify in general as personal data in the context of the data protection laws.

The purposes of the processing of the above-mentioned data are the following:

• to ensure unobstructed connection setup,
• to ensure a comfortable use of our website,
• analysis of system security and stability and
• other administrative purposes.

On no account the collected data is used to draw conclusions as to you as an individual. Should it, however, be possible to draw such conclusions (e.g. using the IP address), the legal basis of the processing is Art. 6 para. 1 sent. 1 lit. f GDPR. Our legitimate interests are based on the aforementioned purposes.

We also use cookies on our website (see also 8. Cookies).

4. Period of storage

For the processing operations carried out by us, we indicate below how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be erased or blocked as soon as the purpose or legal basis for storage no longer applies. Your data will only be stored on our servers in Germany.

However, your data may be stored beyond the specified period in the event of an (impending) legal dispute with you or other legal proceedings or if storage is provided for by statutory provisions to which we are subject as the controller (e.g. Section 257 HGB, Section 147 AO). If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

5. Disclosure of data

Your data will not be transferred to third parties or third-party companies in third countries, i.e. companies located outside the European Economic Area (EEA). A disclosure will only take place if

• the disclosure is permitted by Art. 6 para. 1 sent. 1 lit. f GDPR to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
• the disclosure is necessary by Art. 6 para 1 sent. 1 lit. c GDPR for the compliance with a legal obligations,
• the disclosure is legally permitted.

6. External service providers

We employ external IT-service providers who are contractually obliged to process data arising in connection with the website only in accordance with the requirements of applicable privacy laws.

7. Recipients

If this is at your request or is necessary for the processing of your mandate or the fulfilment of another contract with you, or if we have a legitimate interest in the data transfer, we may also transfer your personal data to third parties. As part of the processing of the mandate, this data will only be transmitted if and to the extent permitted by professional law.

This may involve the following categories of recipients:

• Courts, authorities, patent and trademark offices, tax offices, labour offices in the context of legal disputes, tax matters and other legal matters;
• Lawyers, auditors and tax consultants;
• Service providers (for example: Debt collection agencies, credit agencies, IT services, financial and accounting services, communication services, couriers, translation agencies).

8. Cookies

We use cookies on our website. These are small text files that are automatically produced by your web browser and stored on your terminal device (laptop computer, tablet, smartphone) upon visiting our website. Cookies do not cause any damage on your computer and do not contain viruses, Trojans or other malware.

A cookie will typically contain different parameters/information such as name and value of the cookie, expiry date, URL path, internet domain, and Information on the adequate type of connection in relation to your terminal device. This does not mean, however, that data can be traced to a certain individual.

The use of cookies is used to make the site user-friendly and user-related. For this purpose, we use transient cookies, in particular session-cookies. Session-cookies store a session-ID to show which sites on our website you have already visited and which language you chose. Session-cookies become invalid as soon as the current session ends, which usually occurs when the browser is closed.

We also use persistent cookies which remain on your computer for a certain established period of time. When you return to our site you will automatically be recognised as having visited our site before. Also, the entries and settings you have made will be recognised so you will not have to make them again.

Data processed by cookies are necessary for the aforementioned purposes and for our or a third party’s legitimate interests according to Art. 6 para. 1 sent. 1 lit. f GDPR.

Most of the web browsers are adjusted in such a way that cookies are automatically accepted. You can, however, deactivate the storage of cookies or adjust your browser in such a way that it informs you as soon as cookies are sent. Please note, however, that without cookies you may not be able to take full advantage of all our website features.

We do not use Third-Party Cookies.

9. Exclusion of automated decision-making (including profiling)

We do not intend to use your personal data for automated decision-making (including profiling).

10. Your rights

Pursuant to Art. 15 GDPR you have the right to obtain confirmation as to whether or not your personal data are being processed by our website. In principle, this will not be the case.

Should collected data by our website, however, enable us to draw conclusions as to you as an individual (see also No. 3), you have the right:

• pursuant to Art. 15 GDPR to obtain access to your personal data. In particular, you can request information on the purposes of the processing, the categories of personal data, the recipients or 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, where the personal data are collected if not collected from you directly and any available information as to their source, the existence of automated decision-making, including profiling and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you;
• pursuant to Art. 16 GDPR to obtain without undue delay the rectification of inaccurate personal data;
• pursuant to Art. 17 GDPR the erasure of personal data without undue delay unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interests or for the establishment, exercise or defence of legal claims;
• pursuant to Art. 18 GDPR to obtain restriction of processing personal data insofar as you contest the accuracy of the personal data, insofar as the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead, insofar as we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims or insofar as you have objected to processing pursuant to Article 21 GDPR;
• pursuant to Art. 20 GDPR to receive the personal data, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller;
• pursuant to Art. 7 para. 3 GDPR to withdraw your consent any time. Thus, we will not be permitted to continue processing your data; and
• pursuant to Art. 77 GDPR to lodge a complaint with a supervisory authority, usually in the Member State of your residence, place of work or place of our law office.

11. Right to object

In the event, that we are processing your personal data on the basis of legitimate interests according to Art. 6 para. 1 sent. 1 lit. f GDPR, Art. 21 GDPR gives you the right to object at any time to processing of personal data on grounds relating to your particular situation or if personal data are processed for direct marketing purposes.

If you wish to make use of your right to withdraw or object, please send an e-mail to k.wolf@caprica-consulting.de.

In the event of your justified objection, we will examine the situation and either discontinue or adapt the data processing or explain our reasons on the basis of which we will continue the data processing.

12. Data security

We use the widely-used TLS „Transport Layer Security“ system in conjunction with the highest level of encryption that is supported by your browser when you visit our website. Regularly this will be a 256-Bit-encryption. If your web browser does not support 256-Bit-encryption, 128-Bit-v3-technology will be used. Whether a single page of our website is transmitted encrypted you can recognise by the closed representation of the bowl or padlock icon in the bottom status bar of your browser.

We apply appropriate technical and organisational security measures, in order to protect your data against partial or full loss and against unauthorised access by third parties or manipulation. Our security measures are continuously improved in line with technological progress.

13. No obligation to provide personal data

We do not make the use of this website dependent on you providing us with personal data beforehand. In principle, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data.

14. Changes to our Privacy Statement

This privacy notice is currently valid and has been updated in November 2023.

Due to the on-going development of our website and services and changing legal regulations it may become necessary to adjust this Privacy Statement. Please find the latest version of the privacy statement any time under https://www.es-law.de/en/privacy-statement/ from where you can also print it out.