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Privacy notice

This privacy notice applies to www.leitnerlaw.eu.

Below you will find information about the collection of your personal data when you use this website.

The entity responsible for processing the data is:
Edthaler Leitner-Bommer Schmieder & Partner Rechtsanwälte GmbH
FN 273656k, LG Linz
Ottensheimer Straße 36
4040 Linz, Österreich
t +43 732 73 03 69
f +43 732 73 03 69-816
office@leitnerlaw.eu

 

When collecting and processing your data, we strictly comply with the data protection regulations. Below we will describe the precautions we take to protect your data, the type of data we collect, and why we collect it.

The Data Protection Act 2000, the Data Protection Act 2018, the General Data Protection Regulation (GDPR), and the Telecommunications Act 2003, as amended from time to time, serve as the legal basis. These legal provisions serve the right to protection of personal data.

I.       Collection and processing of personal data

Your personal data are collected and subsequently processed if you voluntarily share them with us, for example when registering for a service (e.g. newsletter, online job application), or if you agree to the use of cookies.

In accordance with the applicable regulations for the protection of personal data, all personal data are primarily collected, processed and used for the purpose of fulfilling the services you tasked us with and to process your enquiries.

How do we get your data?

1.         Information you provide/share

In principle, you are not obliged to directly provide any personal information when using our website. However, for certain services, such as our newsletter subscription we need personal data such as your full name, your email address, your post address, etc., in order to be able to carry out that service The relevant information relating to privacy is available on the page of the respective service (see Point V).

2.         Information you provide/share by using our services

In addition, some data are sent to us automatically for technical reasons as soon as you visit our website. Each time our website is accessed or a file is retrieved, access data about this process are stored in log files. These include the following:

  • the website from which you accessed our homepage;
  • the IP address assigned to you by your provider;
  • the access time and date;
  • the volume of data transferred;
  • the name of the retrieved file or page;
  • notification of successful access;
  • notification in case of failed access and reason for error;
  • your computer’s operating system and browser software.

These data are necessary for technical reasons. They allow you to view our website and ensure stability and security.

II.       Legal basis, period of storage, and recipients of the data

The legal basis for the processing of your personal data is, in particular:

  • your consent (Art 6(1)(a) GDPR) (e.g. sending out of newsletters, cookies, job application);
  • performance of the contract (Art 6(1)(b) GDPR);
  • compliance with legal obligations (Art 6(1)(c) GDPR);
  • protection of our legitimate interest (Art 6(1)(f) GDPR).

We process your personal data, to the extent necessary, for the duration of the entire business relationship and/or for the duration of the individual services (e.g. newsletter), and, further, in accordance with the statutory data storage regulations and documentation obligations and/or as long as we have a legitimate interest in storage to be able to defend against any liability claims.

Your data are transmitted to those departments or employees within the Edthaler Leitner-Bommer Schmieder & Partner Rechtsanwälte GmbH that need them to fulfil our obligations and to protect our legitimate interests.

In addition, we pass your data on to processors commissioned by us who need them to perform their respective tasks. All processors are contractually obligated to treat your data confidentially and to process them only within the scope of the performance of services. Our processors have committed themselves to compliance with the applicable data protection regulations, and they have signed processing contracts in accordance with Art 28 GDPR. You can request further information on the processors commissioned by us from datenschutz@leitnerlaw.eu. For instance, the software service company commissioned by us to manage our website may gain access to your personal data in the course of its activities if this is necessary for it to fulfil its services.

III.      Cookies

Our website uses so-called cookies. Cookies are small text files used to identify the user and analyze your use of our website. The data generated in this way are transferred to the provider’s server and stored there. They generally serve to enhance the user-friendliness, efficiency, and security of our website. Cookies also gather statistics on website traffic and are used for general navigation. They do not cause any damage.

Some cookies remain stored on your device until you delete them. They allow us to recognize your browser the next time you visit us.

By using our website, you consent to our use of cookies. You may refuse the use of cookies by selecting the appropriate settings in your browser. Please refer to your browser manufacturer’s instructions to find out how this works in detail. If you decide to block certain technical and/or functional cookies, the functionality of our website may be restricted.

Our website also uses the social media plugin LinkedIn. However, operated by LinkedIn Inc., 2029 Stierlin Court, Mountain View, CA 94043, USA. However, no data is directly forwarded to LinkedIn when you visit our website. When you click on this plugin, it is activated and a connection to the respective server of this network is established. If you activate this plugins, you agree to the use of your data collected via these plugins also in the USA, if applicable. We have no influence on the scope and content of the data that is transmitted to the respective operator of this social network by clicking on the plugin or which may be subject to access by US authorities in further consequence. If you want to find out more about the type, scope and purpose of the data collected by the operators of these social networks, we recommend that you read the data protection provisions of the respective social network.

Please activate Javascript in your Browser to accept or revoke cookies.

Necessary

Necessary cookies help to make the website usable by enabling basic functions such as page navigation and access to secure areas of the website. The website will not function properly without these cookies.

  • cookie_policy_accept
    • provider: www.leitnerlaw.eu
    • function: Saves the consent of your cookie selection.
    • validity: Session
  • cookie_policy_decline
    • provider: www.leitnerlaw.eu
    • function: Saves the rejection of your cookie selection.
    • validity: Session
  • cookie_policy_settings
    • provider: www.leitnerlaw.eu
    • function: Saves your cookie preferences.
    • validity: Session
  • cookie_policy_maps_accept
    • provider: www.leitnerlaw.eu
    • function: Saves consent to the use of Google Maps.
    • validity: Session
  • cookie_policy_youtube_accept
    • provider: www.leitnerlaw.eu
    • function: Saves the consent to use Youtube.
    • validity: Session
  • PHPSESSID
    • provider: www.leitnerlaw.eu
    • function: Retains the user’s states for all page visits.
    • validity: Session

Functional

Functional cookies allow a website to remember information already provided (such as playing videos) and provide improved, more personalized functionality to the user. These cookies collect anonymized information, they are not able to track your actions on other websites.

  • cookie_policy_accept
    • provider: www.leitnerlaw.eu
    • function: Saves the consent of your cookie selection.
    • validity: 90 days
  • cookie_policy_settings
    • provider: www.leitnerlaw.eu
    • function: Saves your cookie preferences.
    • validity: 90 days
  • cookie_policy_maps_accept
    • provider: www.leitnerlaw.eu
    • function: Saves consent to the use of Google Maps.
    • validity: 90 days

Marketing/Third Party

Marketing cookies are used to follow visitors on websites. The intention is to show ads that are relevant and engaging to the individual user, and therefore more valuable to publishers and advertising third parties.

  • cookie_policy_youtube_accept
    • provider: www.leitnerlaw.eu
    • function: Saves the consent to use Youtube.
    • validity: 90 days
  • _gcl_au
    • provider: Google Tag Manager
    • function: Used by Google AdSense to experiment with advertising efficiency on websites that use their services.
    • validity: 90 days

IV. Do we transfer data to the USA?

We occasionally offer some services in the context of which a data transfer to the USA takes place or may take place. The transfer of data to the USA has always led to legal challenges in recent years. There are several legal bases for legally compliant data transfer to the USA, whereby we basically rely on two different legal principles:

  • Data transfer due to the existence of an adequacy decision

On July 10th 2023, the European Commission adopted a new adequacy decision under Article 45 GDPR for the U.S., namely the EU-U.S. Data Privacy Network.

However, this adequacy decision only applies to those data importers in the U.S. that are registered on the Data Privacy Framework List (https://www.dataprivacyframework.gov/s/participant-search ).

We check each of our service providers who are to receive personal data in the USA whether they are registered on the Data Privacy Framework List. If this is the case, this is stated in our data protection statement for the respective service provider.

The EU Commission’s press release on the EU-U.S. Data Privacy Network can be found at: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3721.

  • Consent

However, if a data importer is not registered in the Data Privacy Framework List, it is necessary – unless there is another justification such as the fulfilment of contractual obligations – that you consent to the use of your collected data in the USA via these services (Art. 49 para. 1 lit. a DSGVO).

This is because we are not yet able to assess how the jurisdiction will develop as a result of the EU-U.S. Data Privacy Network. We record this consent – depending on the service – via our cookie banner or separately via a corresponding declaration of consent directly before the use of a service offered.

Your consent is required because, according to recent official and court decisions and the case law of the ECJ, the USA is not certified as having an adequate level of data protection in the processing of personal data (C-311/18, Schrems II). In particular, these decisions by authorities and courts critically point out that access by US authorities (FISA 0702) is not comprehensively restricted by law, does not require authorisation by an independent authority and no relevant legal remedies are available to the data subjects in the event of such access.

Apart from the contracts concluded with US service providers, we have no direct influence on the access of US authorities to personal data that is transferred to service providers in the USA when using these services. Even if we assume that our service providers take the necessary steps to ensure the promised level of protection in accordance with the contractual agreements concluded with us, access by US authorities to data processed in the USA is still conceivable.

We therefore request your consent to the processing of data in the USA before using such services. We will point out separately for each service or application that there is a possibility of data transfer to the USA.

V.       Google

  • Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc, 1600 Amphi-theatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your usage of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to website operators. We only use Google Analytics with active IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the IP address be transferred to a Google server in the USA and shortened there. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

We use Google Analytics to analyze and regularly improve the use of our website. For more information on Google’s terms of use and Google’s privacy policy, please visit https://google.com/analytics/terms/de.html or https://policies.google.com/?hl=de.

Google also processes your data in the USA. Before you give your consent to the storage of cookies through the use of Google Analytics, please read the related information in our privacy policy.

Google LLC is registered in the Data Privacy Framework List.

  • Google maps

On our website, we also use the services of Google Maps. This allows us to display interactive maps directly on our website and enables you to conveniently use the map function to find our location and facilitate your journey.

By visiting our website, Google receives the information that you have accessed the corresponding subsite of our website and the personal data listed under 2. This occurs regardless of whether you are logged in via a Google account or not. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish this, you must log out of Google before using this service. Google uses your data for purposes of advertising, market research and website design. You have the right to object to the use of your data in this way, which you must address directly to Google.

Further information on the purpose and scope of data collection can be found in Google’s data protection declaration, which can be found at http://www.google.de/intl/de/policies/privacy. Google also processes your data in the USA. Before you give your consent to the storage of cookies through the use of Google Analytics, please read the relevant information in our privacy policy.

Google LLC is registered in the Data Privacy Framework List.

VI. LinkedIn Insight tag

The LinkedIn Insight tag provides us with information about visitors to our website. If a website visitor is registered with LinkedIn, we can, among other things, analyze the key professional data (e.g. career level, company size, country, location, industry and job title) of our website visitors and thus better tailor our site to the respective target groups. We can also use LinkedIn Insight Tags to measure which actions visitors take on our website (conversion measurement). Conversion measurement can also be carried out across devices (e.g. from PC to tablet). LinkedIn Insight Tag also offers a retargeting function that we can use to display targeted advertising to visitors to our website outside the website, whereby, according to LinkedIn, no identification of the advertising addressee takes place.

LinkedIn itself also records so-called log files (URL, referrer URL, IP address, device and browser properties and time of access). The IP addresses are shortened or (if they are used to reach LinkedIn members across devices) hashed (pseudonymized). The direct identifiers of LinkedIn members are deleted by LinkedIn after seven days. The remaining pseudonymized data is then deleted within 180 days.

The data collected by LinkedIn cannot be assigned to specific individuals by ourselves as website operators. LinkedIn will store the collected personal data of the website visitors on its servers in the USA and use them in the context of its own advertising measures. For details, please refer to LinkedIn’s privacy policy at https://www.linkedin.com/legal/privacy-policy#choices-oblig.

You can object to the analysis of usage behavior and targeted advertising by LinkedIn at the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Furthermore, LinkedIn members can control the use of their personal data for advertising purposes in the account settings. To avoid a link between data collected on our website by LinkedIn and your LinkedIn account, you must log out of your LinkedIn account before visiting our website.

VII. Our online services

  • Newsletter

You can subscribe to a newsletter via this website (or you can use the paper form you received at one of our events, for example). This requires your email address as well as your name or company for purposes of personalization. Your post address is optional. Furthermore, you must state that you consent to us sending you the newsletter (“Consent”).

Our website uses closed-loop authentication when you sign up for our newsletter. After registering, you will receive an email asking you to confirm your registration. Without your confirmation, we cannot send you our newsletter. If you no longer wish to receive the newsletter, you just have to click on the unsubscribe link at the end of each newsletter.

You can revoke your consent to the newsletter subscription at any time. Just send your revocation to the following email address: mailing@leitnerlaw.eu (see also Point VII).

We use your data only in the context of the consent given by you.

The data you provide when subscribing to our newsletter will be passed on to processors who handle the delivery of the newsletter for us.

Without prejudice to other legal principles, your data will be stored until you revoke your consent or, at the latest, until your contact data becomes invalid.

VIII. Job application

The data you share with us when applying for a job will be processed exclusively for the purpose of your job application. We commission a processor within the meaning of Art 28 GDPR to handle the application process.

Should you no longer consent to the processing of the data you shared with us when applying for a job, you may revoke your consent at any time by sending an email to hr@leitnerlaw.eu (see also Point VII).

Otherwise, the documents you send to us for the purposes of a job application will be stored until 31 December of the year in which you applied for the job. Should there be statutory limitation periods that exceed this date, we will keep your application until 31 December of the following year.

IX. Consent and right of revocation

Where the processing of your data is based on your consent, we will only process it after you have given your explicit consent.

In principle, we do not process any data of minors and are not permitted to do so. By giving your consent, you confirm that you are 14 years or older or that you have the consent of your legal guardian.

You may revoke your consent at any time by sending your revocation to: mailing@leitnerlaw.eu. In the event of revocation of consent, the lawfulness of the processing carried out on the basis of the consent until revocation is not affected.

X.     Data security

The security of your data is our highest priority. For this reason, we make every effort to take all the necessary technical and organizational precautions to ensure that the data processing is secure and that your personal data are processed in such a way that they are protected against accidental or intentional manipulation, loss or destruction, or against access by unauthorized third parties. We are continually improving our security measures in line with technological developments.

XI.   Your rights

In principle, you have, at all times, the right to be informed, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to revoke, and the right to object. If you believe that the processing of your data violates data protection law or that your data protection rights have otherwise been violated in any way, you can submit a complaint to the supervisory authority. In Austria, this is the Austrian Data Protection Authority (Barichgasse 40-42, 1030 Vienna, email: dsb@dsb.gv.at).

XII.       Information and contact

You retain control of all personal data that you share with us. Upon request, we are happy to provide you with written confirmation of whether any of your personal data are stored with us and, if so, which. You may also request the deletion of your data stored with us, provided that we do not need them for the performance of our contract with you, or we are obliged to store them for legal reasons, or we need the data to defend ourselves against any liability claims.

If you have any questions or suggestions regarding this privacy policy, please send an email to datenschutz@leitnerlaw.eu or write to us at:

Edthaler Leitner-Bommer Schmieder & Partner Rechtsanwälte GmbH
Ottensheimer Straße 36, 4040 Linz

 

Last updated on 2. November 2023