We are very pleased about your interest in our IP law firm and our website. Our website is
the showcase of our IP law firm for customers and other interested parties in intellectual
property law, who want to inform themselves about our service offer. Every visitor to our
website is a guest - and spying on guests is absolutely not OK. We therefore do not collect
any personal data from visitors to our Internet pages - except those technical data wich are necessary
for the working of our website due to technical reasons (see below chapter 3) - and do not use
cookies on our Internet pages because your data and your privacy are sacred to us. Even if you get
aktively and wilfully in contact with us - regardless of the means of communication - we only collect
the data that is necessary for a service you require and for your advice; in the vast majority of cases these are just your
contact details. Nevertheless, the legal situation forces us to publish the below
Data protection is of a particularly high priority for the IP law firm WSPatent® - Dr. Wolfram Schlimme. The use of our Internet pages is in principle possible without any indication of personal data. However, if a data subject wants to use special services of our IP law firm via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the IP law firm WSPatent® - Dr. Wolfram Schlimme. By means of this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data privacy statement, of the rights to which they are entitled.
As the controller, Dr. Wolfram Schlimme has implemented numerous technical and organizational
measures to ensure the most complete protection of personal data processed through this website.
However, Internet-based data transmissions may in principle have security gaps, so absolute
protection may not be guaranteed. For this reason, every data subject is free to transfer
personal data to us via alternative means, e.g. by telephone, by telefax or by mail.
The data protection declaration of the IP law firm WSPatent® - Dr. Wolfram Schlimme is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
Personal data means any information relating to an identified or identifiable natural person ("data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Dr. Wolfram Schlimme
Haidgraben 2
85521 Ottobrunn
Germany
Phone: +49 (0)89 6080772-0
Fax: +49 (0)89 6080772-27
Email: info@wspatent.de
Websites: www.wspatent.eu and www.brandeur.eu
The IP law firm WSPatent® - Dr. Wolfram Schlimme ist not obliged, to nominate a
data protection officer according to Art. 37 GDPR.
The website of the IP law firm WSPatent® - Dr. Wolfram Schlimme collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, WSPatent® - Dr. Wolfram Schlimme does not
draw any conclusions about the data subject. Rather, this information is needed to (1) deliver
the content of our website correctly, (2) optimize the content of our website as well as its
advertisement, (3) ensure the long-term viability of our information technology systems and
website technology, and (4) provide law enforcement authorities with the information necessary
for criminal prosecution in case of a cyber-attack. Therefore, WSPatent® - Dr. Wolfram Schlimme
analyzes anonymously collected data and information statistically, with the aim of increasing
the data protection and data security of our enterprise, and to ensure an optimal level of
protection for the personal data we process. The anonymous data of the server log files are
stored separately from all personal data provided by a data subject.
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable (any more), or if a storage period prescribed by the
European legislator or another competent legislator expires, the personal data are
routinely blocked or erased in accordance with legal requirements.
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our ontroller or an employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our controller or an employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Controller or an employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the law office WSPatent® - Dr. Wolfram Schlimme, he or she may at any time contact our controller or an employee of the controller. Our controllerer or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the law office WSPatent® - Dr. Wolfram Schlimme has made personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Our controller or another employee will arrange the necessary measures in individual cases.
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the law office WSPatent® - Dr. Wolfram Schlimme, he or she may at any time contact our controller or an employee of the controller. Our controller or another employee will arrange the restriction of the processing.
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by the IP law firm WSPatent® - Dr. Wolfram Schlimme or an employee.
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The IP law firm WSPatent® - Dr. Wolfram Schlimme shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the IP law firm WSPatent® - Dr. Wolfram Schlimme processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the IP law firm WSPatent® - Dr. Wolfram Schlimme to the processing for direct marketing purposes, the IP law firm WSPatent® - Dr. Wolfram Schlimme will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the law office WSPatent® - Dr. Wolfram Schlimme for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the controller of the law office WSPatent® - Dr. Wolfram Schlimme or an employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the IP law firm WSPatent® - Dr. Wolfram Schlimme shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our controller or an employee of the controller.
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our controller or an employee of the controller.
The data controller shall collect and process the personal data of job applicants for the
purpose of the processing of the job application procedure. The processing may also be
carried out electronically. This is the case, in particular, if an applicant submits
corresponding job application documents by e-mail or by means of a web form on the website
to the controller. If the data controller concludes an employment contract with an
applicant, the submitted data will be stored for the purpose of processing the employment
relationship in compliance with legal requirements. If no employment contract is concluded
with the applicant by the controller, the application documents shall be automatically
erased two months after notification of the refusal decision, provided that no other
legitimate interests of the controller are opposed to the erasure. Other legitimate interest
in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment
Act (AGG).
When you, as a LinkedIn member, access our IP law firm presentation there, your personal
information will be collected and processed in accordance with the terms of LinkedIn to
which you have submitted yourself and according to the settings of your own LinkedIn
profile - we have no influence on that. To this extent, the
Linked-In privacy policy applies. By participating in the LinkedIn Network, you
agree that we may contact you through the LinkedIn Network. However, we will not use
your personal data and information provided to us via LinkedIn for any other
purpose, or otherwise process it without your explicit consent. The same applies to other
career networks used by us, like e.g. the XING Network or the Kandidatentreff Network.
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we
obtain consent for a specific processing purpose. If the processing of personal data is
necessary for the performance of a contract to which the data subject is party, as is the
case, for example, when processing operations are necessary for the supply of goods or to
provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same
applies to such processing operations which are necessary for carrying out pre-contractual
measures, for example in the case of inquiries concerning our products or services. Is our
company subject to a legal obligation by which processing of personal data is required,
such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c
GDPR. In rare cases, the processing of personal data may be necessary to protect the vital
interests of the data subject or of another natural person. This would be the case, for
example, if a visitor were injured in our company and his name, age, health insurance data
or other vital information would have to be passed on to a doctor, hospital or other third
party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing
operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for
processing operations which are not covered by any of the abovementioned legal grounds,
if processing is necessary for the purposes of the legitimate interests pursued by our
company or by a third party, except where such interests are overridden by the interests
or fundamental rights and freedoms of the data subject which require protection of personal
data. Such processing operations are particularly permissible because they have been
specifically mentioned by the European legislator. He considered that a legitimate interest
could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate
interest is to carry out our business in favor of the well-being of all our employees and
of our owner.
The criteria used to determine the period of storage of personal data is the respective
statutory retention period. After expiration of that period, the corresponding data is
routinely deleted, as long as it is no longer necessary for the fulfillment of the
contract or the initiation of a contract.
We clarify that the provision of personal data is partly required by law (e.g. tax
regulations) or can also result from contractual provisions (e.g. information on the
contractual partner). Sometimes it may be necessary to conclude a contract that the data
subject provides us with personal data, which must subsequently be processed by us. The
data subject is, for example, obliged to provide us with personal data when our company
signs a contract with him or her. The non-provision of the personal data would have the
consequence that the contract with the data subject could not be concluded. Before
personal data is provided by the data subject, the data subject must contact our
controller. Our controller clarifies to the data subject whether the provision of the
personal data is required by law or contract or is necessary for the conclusion of the
contract, whether there is an obligation to provide the personal data and the consequences
of non-provision of the personal data.
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers developed in cooperation with RC GmbH and the Media Law Lawyers from WBS-LAW.
© Dr. Wolfram Schlimme 2011 - 2018