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Privacy statement

We appreciate you visiting our website. Data protection is important so we are informing you as follows with regard to what personal data we record, how we process it and for what purpose.

1. Data protection controller and privacy officer

The party responsible for controlling the processing of personal data within the meaning of Art. 4(7) DS-GVO [General Data Protection Regulation] is

ACT Legal Service Company GmbH | Zeppelinallee 77 | 60487 Frankfurt/Main | Email: frankfurt@actlegal-act.com | Tel: +49 69 24 70 97-0.

The privacy officer can be contacted at the above postal address and via the following email address datenschutz@actlegal-act.com | Tel: +49 69 24 70 97-0.

2. Purposes of data processing and legal framework

2.1 Visiting our website

When accessing our website www.actlegal.com the browser that you use will automatically send information to our website’s server. This information is stored temporarily in a so-called log file. The following information is recorded and stored until automatically deleted:

- IP address

- Date and time of the request

- Time zone difference compared to Greenwich Mean Time (GMT)

- Content of request (specific page)

- Access status/HTTP status code

- Data volume transmitted

- Website from which the request emanates

- Browser

- Operating system and its interface

- Browser software language and version.

We process the above data to ensure a smooth connection setup and user-friendly application of our website, to guarantee network and information security, to analyse system security and stability and also for administrative purposes.

The legitimacy of our data processing is based on Art. 6(1) sentence 1(f) DS-GVO. Our legitimate interest derives from the aforementioned data recording purposes. We do not use data to draw conclusions about you as an individual.

We also deploy cookies and tracking services on our website. Further details of this are to be found in paragraphs 7 and 8 of this Privacy Statement.

2.2 Subscribing for our newsletter

If you have agreed to receive our newsletter, invitations to events and other information of relevance to you (Art. 6(1) sentence 1(a) DS-GVO), we will use your name and email address to provide you with that information electronically.

You may withdraw your consent at any time with future effect and also unsubscribe. To do this you may use the link at the end of any newsletter or, alternatively, the above email address. This means that we will no longer continue in future to carry out any data processing to which your consent relates and will delete the data unless there should be any legal reason not to do so or a statutory obligation to retain it.

2.3 Contract fulfilment

In the fulfilment of our contract with you we process the following personal data:

- client master data (title, forename, surname, email address, postal address, telephone and (where applicable) fax number(s))

- contract data

- information required to assert and defend rights when acting for you.

The legal basis for our data processing is Article 6(1) sentence 1(b) GDPR. Data is processed so as to be able to identify you as a client, to enable us to provide you with appropriate legal advice and represent you, to correspond with you, to issue invoices and assert and settle any claims.

Personal data gathered by us whilst acting for you will be saved until the statutory period during which lawyers are obliged to keep it has expired (6 years from the close of the calendar year in which we stop acting for you) and will then be deleted unless we are required under Article 6(1) sentence 1(c) GDPR to keep it for longer than this for fiscal and commercial safekeeping and documentation reasons or unless you have consented to it being kept for a longer period of time pursuant to Article 6(1) sentence 1(a) GDPR.

3. Disclosure of personal data

We will not disclose your personal data to third parties unless:

- you have given your consent to this pursuant to Art. 6(1) sentence 1(a) DS-GVO,

- disclosure is necessary under Art. 6(1) sentence 1(f) DS-GVO in order to assert, establish or defend legal claims and there is no reason to assume that you have an overriding and legitimate interest in non-disclosure of your data,

- there should be a statutory obligation of disclosure pursuant to Art. 6(1) sentence 1(c) DS-GVO, or

- permissible by law and necessary for the performance of contracts with you pursuant to Art. 6(1) sentence 1(b) DS-GVO.

Where necessary under Article 6(1) sentence 1(b) GDPR in order to manage our client relationship with you your personal data will be passed on to third parties. This includes, in particular, passing it on to your opponents and their representatives (especially their lawyers) as well as courts of law and other public authorities for correspondence purposes and in order to assert and defend your rights.

Lawyer confidentiality is not affected. In the case of data that is subject to lawyer confidentiality this will only be passed on to third parties by agreement with you.

Where we process data in a third country (i.e. outside the European Union (EU) or European Economic Area (EEA)), where this is done whilst using third-party services or when disclosing or transmitting data to third parties this will only be done so as to fulfil our (pre)contractual duties, with your consent, where required by law to do so, or where we have a legitimate interest in so doing. Unless there should be a statutory exemption we will only process data in a third country if the special statutory conditions under Art. 44 et seq. DS-GVO are fulfilled.

4. Rights of data subjects

You have the right:

- under Art. 15 DS-GVO to ask for information about your personal data processed by us. You may specifically ask for information as to the purpose of such processing, the categories of personal data concerned, the categories of recipients to whom your data has been or is being disclosed and the length of time that it is intended to be kept, as to the existence of a right to amend, delete or limit such processing or raise an objection, the existence of a right of appeal, the origin of your data if it has not been obtained from us and as to the existence of automated decision-making, including profiling, and details of any significant information;

- under Art. 16 DS-GVO to require the rectification without undue delay of inaccurate personal data recorded by us or the supplementation of personal data recorded by us;

- under Art. 17 DS-GVO to require the erasure of personal data recorded by us unless its processing should be necessary in the exercise of the right of freedom of expression and information, to fulfil a legal requirement, for reasons of public interest or in order to assert, establish or defend legal claims;

- under Art. 18 DS-GVO to require a restriction to be put on the processing of your personal data where the accuracy of data is disputed by you, processing is unlawful but you refuse its erasure and we no longer need the data but you need it in order to assert, establish or defend legal claims or where you have filed an objection to processing under Art. 21 DS-GVO;

- under Art. 20 DS-GVO to receive your personal data that you have provided to us in a structured, conventional and machine-readable format or to require it to be transmitted to another data protection controller;

- under Art. 7(3) DS-GVO to withdraw your consent at any time. This means that in future we will no longer be allowed to continue data processing to which your consent relates, and

- under Art. 77 DS-GVO to lodge a complaint with a supervisory authority. You may generally address this to the supervisory authority at your habitual place of residence, your place of work or our place of business.

5. Right to object

Where your personal data is processed for the purpose of legitimate interests under Art. 6(1) sentence 1(f) DS-GVO you have the right under Art. 21 DS-GVO to object to the processing of your personal data on grounds relating to your particular situation or where the objection is levelled at direct marketing. In the latter case you have a general right to object which will be implemented by us without a particular situation having to be specified.

If you should wish to exercise your right to object or ask for rectification kindly send an email to the above email address.

6. Data security

When our website is visited we use the SSL method (Secure Socket Layer) in conjunction with the highest level of encryption that is supported by your browser. This will generally be 256-bit encryption. If your browser should not support 256-bit encryption we will have recourse to 128-bit v3 technology. You can see whether a particular page of our website is transmitted encrypted from the closed-form display of the key or padlock icon in the bottom status bar of your browser.

We also apply appropriate technical and organisational security measures to safeguard your data from accidental or deliberate manipulation, complete or partial loss, destruction or access by unauthorised third parties. Our security measures are continually being improved in line with technological progress.

7. Cookies

We deploy cookies on our website. These are small files which your browser generates automatically and are saved on your computer, laptop, tablet, smartphone etc. when you visit our website. Information that is produced in conjunction with the particular device used is stored in cookies. The application of cookies serves to make the use of our services more convenient for you. We therefore use so-called session cookies to recognise that you have already visited various pages of our website. They are automatically eliminated when you exit our site. To optimise the user-friendliness of our site we also deploy temporary cookies, which are stored on your device for a specific period of time. When you return to our website they enable us to automatically recognise that you have visited us before and identify your previous entries and settings so that you do not have to input them again.

We also use cookies to ascertain our website usage for statistical purposes and evaluate it with the help of tracking tools so as to optimise our services for you. These cookies enable us to automatically recognise you when you return to our site. These cookies are automatically deleted after a certain period of time.

Data processed using cookies is required for the said purposes in order to safeguard our legitimate interests and those of third parties pursuant to Art. 6(1) sentence 1(f) DS-GVO.

Most browsers accept cookies automatically. You can, however, configure your browser in such a way that no cookies are stored on your device or that you are always asked for permission before cookies are saved. Nevertheless, if you decline to accept cookies this might lead to you being unable to use all of the functions of our website.

8. Tracking tools

The tracking measures stated below and applied by us are based on Art. 6(1) sentence 1(f) DS-GVO. The use of tracking measures is intended to ensure demand-oriented design and ongoing optimisation of our website. We also use tracking measures to ascertain our website usage for statistical purposes and evaluate it so as to optimise our services for you. These constitute legitimate interests within the meaning of Art. 6(1) sentence 1(f) DS-GVO.

Google Analytics

This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and allow your use of the website to be analysed. Information on your use of this website generated by these cookies is generally passed to one of Google’s servers in the USA and stored there. In the event of IP anonymization being activated on this website your IP address will first be truncated by Google within Member States of the European Union or States that are parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be submitted to a Google server in the USA and truncated there. On the authority of the operator of this website Google will use that information to evaluate your usage of the website, to compile reports on website activity and to provide the website operator with other services relating to website and internet usage.

The IP address transmitted from your browser using Google Analytics is not combined with other data held by Google.

You can prevent 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 recording of data generated by cookies relating to your use of the website (incl. your IP address) and the processing of that data by Google by downloading and installing the browser plug-in using the following link:

http://tools.google.com/dlpage/gaoptout?hl=de.

This website uses Google Analytics with the extension “_anonymizeIp()” so that IP addresses are processed further in abbreviated form to prevent them being linked to a particular individual. Where data that is collected about you has a personal connection this will be barred at once and the personal data will be immediately deleted.

We use Google Analytics to enable us to analyse and generally improve usage of our website. With the statistics obtained we are able to improve our services and arrange them in a more interesting way for you as users. For those exceptional instances where personal data is sent to the USA Google has agreed to be bound by the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legitimacy of our use of Google Analytics is based on Art. 6(1) sentence 1(f) DS-GVO.

Information on third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.

Terms of use: http://www.google.com/analytics/terms/de.html

Privacy overview: http://www.google.com/intl/de/analytics/learn/privacy.html

Privacy Statement: http://www.google.de/intl/de/policies/privacy.

This website also uses Google Analytics for a cross-device analysis of visitor streams, which is done via a user ID. You can deactivate the cross-device analysis of your usage in your client account under “My details”, “Personal details”.

9. Validity and amendment of this Privacy Statement

This Privacy Statement is currently valid and dated May 2018. Due to the further development of our website and proposals or due to changes in the law or official rules and regulations it might become necessary to amend this Privacy Statement. We therefore recommend that you check this Privacy Statement at regular intervals.