Disclaimer in accordance with Art 13 of the General Data Protection Regulation (“GDPR”)
(Last updated: 26th November 2018)
This disclaimer describes how the law office Mag. Bernhard Gartner, LL.M., Nestroyplatz 1/1/18, 1020 Vienna, Austria, (“we“) is processing your personal data. This disclaimer is addressed to our current, future and former clients and employees.
1. Purpose of processing your personal data
We will process your personal data for the following purposes:
a. the establishment, management, billing and performance of our client and contractual relationships;
b. for conducting the payroll accounting of our employees (including monthly wage- and salary accounting, monthly and yearly reports to public authorities etc.);
c. for conducting the financial and administrative accounting of our law office;
d. for handling our premiums, coverage and beneficial affairs regarding social security insurance;
e. for accounting and labour law-related purposes;
f. for informing public authorities and other institutions;
g. for operating and optimizing our homepage; and
h. for the evaluation of the professional and personal skills of potential employees or applicants.
If we collect your personal data directly from you, the provision of your data is voluntary. However, we can only establish and fulfil our mandate agreement, if you provide us with your personal data. Likewise, we can only enter into an employment and fulfil our employer duties under such employment contract, if you provide us with your personal data.
2. Legal basis of data processing
Data processing within the scope of our activities as a lawyer is done on the legal basis of fulfilling our contract or pre-contractual duties with the respective client in accordance with Art 6 para 1 lit b of the Regulation (EU) 2016/679 dated 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation; “GDPR“). Processing personal data regarding judicial or administrative criminal acts or omittance, in particular the criminal convictions and offences or related security measures is done in accordance with Art 10 GDPR and § 4 para 3 of the Austrian Data Protection Law.
If you are one of our employees, we process your personal data to fulfil our obligations under the employment contract (Art 6 para 1 lit b GDPR). For other purposes which are not necessary for the fulfilling of contractual duties, we will only process your contact information with your consent in accordance with Art 6 para 1 lit a GDPR.
Furthermore, we may process your personal data in order to fulfil our duties imposed by public interest (for example reports to Statistik Austria AG) in accordance with Art 6 para 1 lit e GDPR.
Apart from that we process your personal data on the basis of our overriding legitimate interests in order to achieve the purposes mentioned in point 1 of this Disclaimer (Art 6 para 1 lit f GDPR) and on the statutory basis of the applicable provisions (Art 9 para 2 lit g GDPR).
3. Transferring your personal data
To the extent necessary for the purposes mentioned in point 1 of this Disclaimer, we may transfer your personal data to the following recipients:
- courts, administrative authorities, bar associations, tax authorities or other public law bodies;
- opponents, legal representatives of opponents, third parties, witnesses or notaries;
- tax advisors, auditors and/or tax consultants;
- insurance companies with regard to the conclusion of an insurance contract or the occurrence of an insurance case (for example legal expenses insurance or liability insurance) as well as banks in the course of fulfilling a contract;
- cooperation partners and legal representatives being engaged by us;
- regional medical health insurers, hospitals, medical doctors and nursing services (especially regarding legal guardianships);
- other recipients named by our employees (for example banks, tax advisors, health insurances, etc);
- additionally, in case of personal data of employees in the context of payroll accounting:
- creditors of the employee as well as other parties involved in the enforcement, including voluntary salary cessions for due claims;
- organs of a company or a statutory representation group;
- insurance companies in connection with an existing group or individual insurance as well as staff provision funds;
- banks dealing with the payment to employees or third parties;
- company doctors and pension funds;
- individuals included in the coverage of an insurance and
- additionally, in case of financial and business accounting:
- debt-collecting companies;
- banks on behalf of the employee, and
- IT-contractors and other contractors engaged by us for business operations.
Some of the above recipients may be situated outside of Austria or may process your personal data outside of Austria. The level of data protection in other countries may be lower than the level of data protection in Austria. In such cases, we do not accept any responsibility or liability.
The data centre for our website is based within the European Union, whereas we do not process any personal data in connection with our website.
Apart from that we are obliged not to transfer your personal data to third parties, if and to the extent we are legally required to transfer your personal data.
4. Duration of storage
We store your personal data until the end of our contractual relationship for which we have collected your personal data or up to the respective expiration of the statutory limitation period or the statutory storage period. Furthermore, we store your data until the end of a possible dispute for which such data is necessary or useful as evidence.
On the basis of the professional provisions applicable to lawyers we may be obliged to store your data up to 40 years.
5. Your rights as data subject
You have the right (i) to review if and what personal data we process about you and you may even receive a copy of such data, (ii) to ask for rectification, completion or erasure of your personal data to the extent such data is incorrect or unlawfully processed; (iii) to demand from us the restriction of the processing of your personal data, (iv) under certain circumstances to object to the processing of your personal data or to withdraw your consent, whereas such withdrawal does, however, not affect the lawfulness of our data processing up to the time of your withdrawal, (v) to ask for data portability, if you are our employee, (vi) to know the identity of third-party recipients of your personal data and (vii) to file a complaint with the data protection authority.
6. External links to other websites
Our website contains also links to other websites. This Disclaimer does not apply to those websites. We recommend that you visit those websites directly to obtain further information on their data protection policies.
We do not accept any responsibility or any liability for the content of other websites.
7. Cookies / Server Log Files
Our web server is storing exclusively anonymous data. We collect and store anonymous data for technical reasons and for statistic evaluations and analysis on the usage of our website and to optimize the user-friendliness of our website.
Our website is using the web analytics services of “Google Analytics” which is collecting and processing your data anonymised and not back-trackable.
8. Data integrity
The protection of your personal data is regularly checked and is done via appropriate organizational and technical measures. We and the providers engaged by us are using technical and organizational protection measures to ensure that your personal data is not subject to manipulation, loss, damage or unauthorized access.
Despite our efforts to achieve and maintain a high level of protection, it cannot be excluded that data which you have send us via the internet may be accessed and used by third parties. Please note that we do not accept any liability for the disclosure of information not caused by us or by unauthorised access by third parties (such as hacker-attacks or interception of faxed documents).
9. Amendments of this Disclaimer
This Disclaimer will be regularly amended in order to pay attention to the continuous protection of your data and to the development of our services.
The current version of this Disclaimer will be available on our website.
10. Contact Information
If you have any questions concerning this Disclaimer or if you want to lodge a complaint, please contact us as follows:
Mr. Bernhard Gartner, LL.M., Attorney at law
Nestroyplatz 1/1/18, 1020 Vienna, Austria
Telephone: +43 1 2058060
Fax: +43 1 2058060 90