Privacy statement according to the General Data Protection Regulation (GDPR)
as of: 25.05.2018
1. Name and address of the Controller
The Controller in the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection regulations is the:
represented by its managing partners:
Dr. Bruno M. Kübler, lawyer, insolvency administrator, specialist lawyer for insolvency law, specialist lawyer for tax law
Dr. Bettina E. Breitenbücher, lawyer, insolvency administrator, specialist insolvency lawyer
Sebastian Laboga, lawyer, insolvency administrator, specialist in insolvency law, tax consultant, business mediator
2. Contact details of the data protection officer
The data protection officer of the Controller can be reached as follows:
Tel. +49 / 361 / 217099-0
Fax +49 / 361 / 217099-9
3. Data processing
3.1 Collection of personal data
a) Informational use of the website
In the case of the informational use of the website and its sub-sites, we only collect the personal data that your browser transmits to our server. If you want to view our website, we automatically collect the following data:
- name of your internet service provider,
- IP address of the requesting computer,
- date and time of access,
- name and URL of the retrieved file,
- website from which access is made (referrer URL),
- the browser used and, if applicable, the operating system of your computer and the name of your access provider.
This information is temporarily stored in a so-called log file. The aforementioned information is recorded without your assistance and stored until the automatic deletion.
We process the mentioned data for the following purposes:
- ensuring a smooth connection of the website,
- ensure comfortable use of our website, as well as,
- evaluation of system security and stability.
The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest arises from the purposes of data collection listed above. The data collected will not be used to draw conclusions about you.
b) Contact by e-mail
When you contact us by e-mail, the information you provide (your e-mail address, your name and telephone number, if applicable) will be stored by us to answer your questions. We delete the data that arises in this context after the storage is no longer required, or limit the processing, if there are statutory retention requirements.
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The personal data sent by e-mail will be deleted when the conversation ends. If it can be inferred from the circumstances that the matter in question has been finally clarified, then the conversation shall be considered to have ceased.
The data processing for the purpose of contacting us is in accordance with. Art. 6 para. 1 sentence 1 lit. a GDPR based on your request. In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation. The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f GDPR.
You have the option at any time to revoke your consent to the processing of personal data and to object to the storage of your personal data. In such a case, the conversation cannot continue.
If you provide us with data in the context of an existing contract or for the implementation of pre-contractual measures, their processing takes place for the purpose of initiating, fulfilling and processing the contract; the legal basis for this data processing follows from Art. 6 para. 1 p. 1b) GDPR.
c) Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to and stored by Google on servers in the United States. However, as the operator of this site has activated IP anonymization, your IP address will be shortened by Google beforehand within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading the browser plug-in available under the following link and install:
Please note that the use of the creditor information system is handled via the server of STP Portal GmbH, Lorenzstraße 29, 76135 Karlsruhe, Germany.
3.2 Data deletion and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is deleted. Storage may also take place if this has been provided for in statutory or other regulations to which the Controller is subject to. Blocking or deletion of the data also takes place when a storage period prescribed by the mentioned standards expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.
3.3. Disclosure of data
A transfer of your personal data to third parties for purposes other than those listed below does not take place. Your personal data will be passed on to third parties only if:
- you have given your express consent (Article 6 (1) (a) GDPR),
- disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for asserting, exercising or defending legal claims and there is no reason to believe that you have an overriding interest in not disclosing your data,
- there is a legal obligation to disclose (Article 6 (1) sentence 1 (c) GDPR),
- this is required for the execution of the contractual relationship with you and legally permissible (Article 6 (1) sentence 1 GDPR).
4. Rights of the Data Subject
If your personal data is processed, you are the Data Subject in the meaning of the GDPR and you have the following rights against the Controller:
Pursuant to Art. 15 GDPR you can require us to confirm whether or not we process your personal data. If so, you have a right to know the purpose, the category of personal data, the recipients or the category of recipients and the planned duration of the storage. If the planned duration cannot be named, you can request the notification of the criteria for determining the retention period.
You also have the right of information about an existing right to rectification or deletion of your personal data, a right to restrict the processing or a right to object to such processing, the existence of a right to complain to a supervisory authority, the source of your data - if they have not been collected from us - as well as the existence of an automatic decision-making including profiling and possibly meaningful information on their details.
You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
According to Art. 16 GDPR you have the right to demand immediate correction and / or completion of your incorrect personal data. This can also be done by means of a supplementary explanation.
According to Art. 17 (1) GDPR, you have the right to the erasure of personal data concerning you without undue delay , if one of the following reasons applies:
- the personal data are no longer necessary for the purposes for which they were collected or otherwise processed,
- you revoke your consent on which the processing is based and there is no other legal basis for the processing,
- you object to the processing and there are no prior justifiable reasons for the processing according to Art. 21 para. 1 GDPR, you object to processing according to Art. 21 para. 2 GDPR,
- your personal data has been processed unlawfully,
- the deletion of your personal data is required to fulfill a legal obligation under the laws of the European Union or national law,
- the personal data concerning you were collected in relation offers by information society services pursuant to Art. 8 (1) GDPR.
If the personal data concerning you have been made public and there is an obligation to delete them for the reasons stated above, the Controller shall take appropriate measures, including technical ones, in accordance with Art. 17 (2) GDPR, taking into account the available technology and the implementation costs to inform the controllers of personal data that you, as the Data Subject, have requested that all links to your personal data or copies or replications of such personal data shall be deleted.
There is no right of deletion under Art. 17 para. 1 GDPR, if the processing is necessary:
- to exercise the right to freedom of expression and information,
- to fulfill a legal obligation required by the law of the European Union or of the Member States to which the Controller is subject, or to carry out a task of public interest or in the exercise of official authority delegated to the Controller,
- for reasons of public interest in the field of public health Art. 9 para. 2 lit. h and i and Art. 9 (3) GDPR,
- for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the right of cancellation is likely to render impossible or seriously affect the achievement of the objectives of that processing,
- to assert, exercise or defend legal claims.
According to Art. 18 GDPR you have the right to restrict the personal data concerning you, provided that one of the following conditions is met:
- if you contest the accuracy of your personal information for a period of time to verify the accuracy of your data,
- if the processing is unlawful and you refuse the deletion and instead require the restriction of the use of personal data,
- if the personal data concerning you are no longer needed for the purposes of the processing, but you need them to assert, exercise and defend legal claims,
- if you object to the processing in accordance with. Art. 21 para. 1 GDPR and it is not yet certain whether the reasons for the processing outweigh the reasons for their application.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.
Was the processing limited in accordance with the aforementioned requirements, you will be notified before the restriction is lifted.
All recipients who have been disclosed your personal data according to Art. 19 GDPR, will be notified of any correction, deletion or limitation of processing, unless it proves impossible or involves a disproportionate effort.
You will be notified of these recipients if you request it.
f) Data portability
According to Art. 20 GDPR, you have the right to receive the personal data concerning you provided to us in a structured, commonly used and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance, provided that
- the processing is based on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR
- the processing was carried out using automated procedures.
In exercising your right to data portability, you have the right to obtain that your personal data concerning you are transmitted directly from one responsible to another, as far as technically feasible. The rights and freedoms of other persons must not be affected.
The exercise of the right of data transferability is without prejudice to the right of cancellation. It also does not apply to any processing necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the Controller.
According to Art. 21 GDPR, you have the right at any time, for reasons arising from your particular situation, to object to the processing of personal data concerning you conducted pursuant to Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The Controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
You have the right to object to the processing of your personal data for the purpose of direct mail at any time, including profiling insofar as it is associated with such direct mail.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. At the latest at the time of the first communication, you must explicitly refer to the above mentioned right to object, whereby the notice must be made in a comprehensible and separate form from other information.
Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.
You have the right, for reasons of your own particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes under Article 89 (1) of the GDPR, unless: the processing is necessary to fulfill a public interest task.
h) Automated individual decision-making, including profiling
According to Art. 22 GDPR you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision is required for the conclusion or performance of a contract between you and the Controller,
- is permitted by the law of the European Union or a Member State legislation to which the Controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
- with your express consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g and reasonable measures have been taken to protect the rights and freedoms and your legitimate interests.
i) Right to withdraw
According to Art. 7 GDPR you have the right to withdraw your data protection consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
j) Complaint to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, your place of work or the place of alleged infringement, if you believe that the processing of the personal data concerning you infringes the GDPR.