Data Protection // Privacy Statement
1. Personal Data
We, Schmelz Rechtsanwälte OG ("Schmelz lawfirm") based in Klosterneuburg collect, 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. 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
Our website uses Google Analytics, a web analysis service provided by Google Inc., 1600 Amphi-theatre Parkway, Mountain View, CA 94043, USA (hereafter referred to in short as „Google“).
Google Analytics uses „Cookies“; meaning text files that are saved on your computer and enable an analysis of the usage of the website. We process your data on the basis of our largely legiti-mate interest in creating an easy to use statistic on website access by means of a cost-effective method. (Art 6 Abs 1 lit f DSGVO). The information generated through the cookie about your us-age of the website (including your IP-address and the URLs of the websites used) are being sent to and saved by the Google server in the US. We do not save any of the data which are collected in relation to Google Analytics.
This website uses Google Analytic’s option to anonymize IP. Your IP address is therefore short-ened or made anonymous as soon as Google receives your IP-address. Google uses this infor-mation on our account in order to assess the usage of our online content by users, create reports about website activities and deliver further services related to the usage of our online content to us. Google does not combine your IP-address which was collected through Google Analytics with other data.
Users of our website can prevent the saving of cookies by activating the corresponding settings in their browser software. We would like to advise you though that this could possibly mean that you are unable to use all of the features on this website to their full functionality. Moreover, you can also prevent the collection of your data by Google through Google Analytics by downloading and installing the following browser plug-in which is available under this link: (http://tools.google.com/dlpage/gaoptout?hl=de).
Further information on data usage for promotional purposes by Google, settings and objection options can be found on the following websites from Google:
https://adssettings.google.de/ (“How Google uses information from sites or apps that use our services“)
https://adssettings.google.com/authenticated?hl=de („Bestimmen Sie, welche Werbung Google Ihnen zeigt“)
11. Our Contact Details