In connection with your mandating of Hofstetter, Schurack & Partner PartG mbB, we advise you of the following information pursuant to the EU General Data Regulation (hereinafter “GDPR”):

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

This data privacy statement applies to the data processing by:

Controller:
Hofstetter, Schurack & Partner PartG mbB (hereinafter „HSSPATENT“)
Balanstraße 57
81541 München/Munich
Germany

Email: mail@hsspatent.de
Telephone: +49 (0) 89 450 918 0
Telefax: +49 (0) 89 450 918 12

The company data protection officer of HSSPATENT can be contacted at the above mentioned address or via email on “datenschutz@hsspatent.de”, respectively.

2. Collection and storage of personal data and the nature and purpose of their use

For the purposes of the mandate we collect the following information:

• firm (= name of enterprise)
• first name and surname of responsible person(s)
• address
• email address
• telephone number (landline and/or mobile phone), fax number
• website
• contact person with first name and surname, telephone number (landline and/or mobile phone), email address, position in the company 
• information required to assert or defend your rights under the brief  

These data are collected by us for the following purposes:

• to identify you as our client 
• to provide you with adequate legal advice and representation
• for correspondence with you 
• for invoicing
• to settle possibly existing liability claims as well as enforcement of possible claims against you

The legal basis for data processing is Art. 6 (1) sentence 1 lit. b) and f) GDPR. Our legitimate interest follows from the aforementioned purposes for data collection. We never use the collected data for drawing conclusions about you.
The personal data collected by us for the purposes of the mandate will be stored until the expiration of the statutory retention obligations for lawyers (6 years after the end of the calendar year in which the brief was terminated) and then deleted, unless we are under Article 6 (1), sentence 1, lit c) of the GDPR obligated to retain the data for a longer period of time due to tax and commercial storage and documentation obligations (having regard to HGB, StGB or AO) or you have agreed to a storage beyond this according to Art. 6(1) sentence 1 lit a) GDPR.

3. Transferring data to third parties

Your personal data are not passed on to third parties for any other purposes than the ones mentioned below.

Insofar as this is required by Art. 6 (1), sentence 1, lit b) GDPR for handling of the client-lawyer relationships with you, your personal data will be transferred to third parties. This includes in particular the transfer to opponents of the proceedings and their representatives (in particular their lawyers) as well as courts and other official authorities for the purpose of correspondence as well as for the assertion and defence of your rights. The transferred data may be processed by the third parties exclusively for the stated purposes. For the purpose of filing, obtaining and enforcing of protective rights or other claims in foreign countries we transfer the personal data necessary to the competent authorities and courts as well as to patent and legal lawyers. The transfer occasionally can also be effected into countries where there exists no data protection level corresponding to European standards. Transfer is effected only insofar as necessary for the fulfilment of contract in your interest. You may revoke your consent thereto at any time.

This shall be without prejudice to the attorney-client privilege. As far as data are concerned, which are subject to the attorney-client privilege, transfer of data to third parties takes place only with your consent.

4. Data protection rights

You have the right to:

• revoke your consent at any time which you had given to us once according to Art.7 paragraph 3 GDPR. As a consequence, we cannot continue processing data in the future, which was based on this consent
• demand information about your personal data processed by us according to Art. 15 GDPR, and especially demand information about the purpose of processing your data, the category of personal data, the category of recipients to whom your data was or will be disclosed, the intended storage duration of your data, the right to rectification, deletion, to limit data processing or the right to object, the right of appeal, information about the origin of your data, as long as it was not collected by us, and information about existence of automated decision making including profiling and if necessary, meaningful details about it   
• immediately demand the rectification of incorrect or incomplete personal data stored with us according to Art. 16 GDPR   
• demand deletion of your personal data stored by us according to Art. 17 GDPR, unless processing your data is necessary for exercising the right to free expression and freedom to information, to fulfil a legal obligation for reasons of public interest or for asserting, exercising or defending legal claims   
• demand limitation on processing your personal data according to Art. 18 GDPR, if the correctness of data is disputed by you, processing your data is unlawful, but you reject deleting it and we do not use the data any longer, and you need it for asserting, exercising or defending legal claims or if you have raised an objection against processing your data according to Art. 21 GDPR   
• demand that you receive your personal data that you have given us, in a structured, common and machine-readable format according to Art. 20 GDPR or to send it to another responsible party   
• file a complaint with a regulatory authority according to Art. 77 GDPR. Generally, you can approach the regulatory authority in your usual residence or workplace or at our office location

The supervisory authority in charge of HSSPATENT:

Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 27
91522 Ansbach
Germany

Telephone: +49 (0) 981 53 1300
Telefax: +49 (0) 981 53 98 1300
Email: poststelle@lda.bayern.de     

5. Right of objection

As long as your personal data are processed on the basis of legitimate interests according to Art. 6 (1) sentence 1 lit. f) GDPR, you have the right according to Art. 21 GDPR to raise an objection against processing your personal data, if there are reasons for it which result from your special situation or if the objection is against direct advertising. In the latter case, you have a general right of objection which is executed by us without the need to specify any special situation.

If you want to exercise your right of objection or revocation, just send an email to mail@hsspatent.de.  

Download: Data privacy statement