Data Protection // Privacy Statement
1. Personal Data
We, Schmelz lawfirm, process and use your per-sonal data only (i) with your consent or (ii) in the case of a mandate or order for usage prior agreed upon by you or (iii) if there is another legal basis to do so in accordance with the GDPR, e.g. because we are subject to tax retention obligations after completion of a mandate. Of course we comply with all regulations outlined by data protection and civil laws when we do so. We only collect personal data necessary for the processing and handling of our services as your attorneys or you provide to us voluntarily.
Personal data are all data which contain detailed information about personal or factual circum-stances, for example name, address, e-mail address, phone number, birthday, social insurance number, age, sex, video recordings, photographs, voice recordings of people as well as biometric data like finger prints. This can also include sensitive data such as health records or data in rela-tion to a criminal prosecution.
2. Disclosure and Deletion
As our client or party concerned, you – while still safeguarding the legal duty of confidentiality as an attorney - have the right of disclosure over any personal data, its origin and recipient and the purpose of data handling at any given time. You also have the right of rectification, data trans-mission, objection, limitation of processing as well as blocking and deletion of data that was inac-curately or inadmissibly handled.
If there are any changes in regards to your personal data, we kindly request that you give us ap-propriate notice.
At any given time you are entitled to retract your issued consent in regards to the usage of your personal data. Your input on disclosure, deletion, rectification, objection and/or data transmis-sion – in the latter case as long as this does not cause disproportionate effort – can be issued to our address which you will find under Point 10 of this statement.
If you have reason to believe that the handling of your personal data breaches the applicable privacy law or your data protection rights were hurt in any way, you have to option to file a com-plaint with the competent supervisory authority. The Data Protection Authority takes care of such matters in Austria.
3. Data Security
Security of your personal data is governed by organizational and technical provisions which we have put into place. These provisions primarily concern the protection from illicit, illegal or also coincidental access, handling, loss and manipulation. Regardless of all efforts made to ensure the constant adherence of an appropriately high stand-ard of diligence, the possibility that information which you share online through us can be seen and used by other people, can never be entirely eliminated.
Therefore, please notice that we cannot accept any liability for the disclosure of information due to mistakes during data transmission that were not made by us and/or unauthorized access by third parties (e.g.: in the case of a hacker attack on our e-mail accounts or our telephone systems or in the case of unlawful interception with our fax machine).
4. Data Usage
We will not process any of the data provided to us for any other purpose than what is set out by means of the mandate contract or your personal consent or another regulation in accordance with the purposes set out in the GDPR. An exception of this rule is the usage of data for statistical purposes as long as the data has been made anonymous for this purpose.
5. Data Transmission to Third Parties
For the fulfillment of your mandate it might be necessary to forward your data to courts, authori-ties, or third persons (e.g.: the opposition, substitutes, insurance companies and service provid-ers which we use and who we make data available to). We will transfer your data exclusively on the basis of the GDPR, in particular for the fulfillment of your mandate or with your prior consent.
Furthermore, we inform you that within the framework of our legal representation and support as attorneys, circumstantial and case related information is being generated about you from third parties on a regular basis.
Some of the above mentioned recipients of your personal data are situated outside of your coun-try or handle your personal data there. The level of data security may not match the one in Aus-tria. However, we only transmit your personal data to countries which have been reviewed as having an acceptable standard of data protection by the EU Commission. Otherwise we put ap-propriate measures into place by means of standardized contractual clauses (2010/87/EC and/or 2004/915/EC) to ensure that all recipients conclude an appropriate level of data security.
6. Notice of Data Mishaps
We put in all efforts to ensure that data mishaps are detected early on. If possible we will imme-diately notify you and the relevant supervisory authority of this, including which specific data categories are affected.
7. Data Storage
Unless agreed upon otherwise with you, we will not store any of your data any longer than is necessary for the fulfillment of our contractual and legal obligation toward you and for the de-fense against possible liability claims.
We employ two kinds of Cookies on our website:
- Session Cookies: These are temporary Cookies which remain in the Cookie-file of your browser until you leave our website and are then automatically deleted.
- Permanent Cookies: For increased user-friendliness, Cookies are saved on your device and allow us to recognize your browser the next time you visit us.
You can adjust your browser settings in a way that enables you to be notified when Cookies are employed and only allow them on specific occasions, reject the acceptance of Cookies only for certain cases or not at all, or activate the automatic deletion of Cookies once you close your browser. If you choose to deactivate Cookies this can negative impact the functionality of our website.
In order to optimize our website in terms of system performance, user friendliness and delivery of useful information about our services, the website provider automatically collects and saves information in so-called Server-Log Files, which are sent to us automatically by your browser. This includes your IP-address, browser and language settings, operating system, referrer URL, your internet service provider and the date and time. A unification of these data with personal data sources will not be undertaken. We reserve the right to retrospectively check these data should we have solid indications to suspect an illicit usage of our website.
10. Google Analytics
Google Analytics, for example, gives us the ability to track how many users are accessing which pages on our website, how long users spend on each page of our sites, and the demographics of our site's users. However, these statistics do not allow us to establish a personal reference to individual individual users of our website.
What data Google collects and what this data is used for in detail can be found on Google's website.
11. Embedded Social-Media-Services
On our website you will find buttons from Facebook that link our business pages on Facebook.
If you click on this Facebook buttons, data will be transmitted from your browser to the respective social media service provider and processed by the latter. We do not have access to this data, which is processed by the social media service provider. If you have an account on Facebook, your usage behavior will be assigned to their account. If you want to prevent this, please log out of your user account on Facebook.
We also use Facebook pixels on our website. This means that a code has been implemented on this website that evaluates the usage behavior of such website users who have come to our website via Facebook advertising. This gives us the ability to make Facebook advertising more customer-friendly and efficient. If you have a Facebook account and are logged in to it, the visit to this website is assigned to your Facebook user account. For details on how the Facebook Pixel is used for advertising campaigns, please visit https://www.facebook.com/business/learn/facebook-ads-pixel. You can change your ad settings on Facebook at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen, if you're signed in to Facebook. What data is collected by Facebook and what this data is used for can be found at https://www.facebook.com/policy.php.
12. Our Contact Details