Data Protection Statement
Neubauer & Partner Rechtsanwälte GmbH (we, us and our) collects, processes and uses your personal data only for the purposes agreed with you or where there is any other legal basis as per the General Data Protection Regulation (EU) 2016/679 (GDPR); and in compliance with data protection and civil law provisions.
The following Data Protection Statement provides information about the use of your personal data in connection with our services, respectively with your visit and use of our homepage.
1. Personal Data
We collect only personal data that is required for rendering and handling our services as your legal counsel or which you provide to us on a voluntary basis.
Personal data means all data which includes details regarding personal or factual circumstances, such as, for example, name, address, email address, phone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings of persons and biometric data, such as fingerprints. Personal data may also include sensitive data, such as health data or data related to criminal proceedings.
2. Use of personal data and legal basis
We will not use any personal data provided to us for purposes other than the purposes covered by (i) the mandate agreement and the rendering and handling of our services as your legal counsel (article 6 section 1 litera b GDPR) or (ii) any requirements by statute or the Code of Professional Conduct (e.g. in the course of electronic communication with courts, money-laundering compliance, conflict of interest or KYC checks) or (iii) your consent in conformity with article 6 section 1 litera a GDPR or (iv) otherwise by any provision in conformity with the GDPR. This does not apply to use of data for statistical purposes, provided that the data provided has been anonymised.
3. Transfer of personal data to third parties
In order to be able to fulfil your instruction and render our legal services, it may be necessary to transfer your personal data to third parties (e.g. counterparty, substitutes, insurance companies, service providers, who we engage and to whom we provide data, etc.), courts or public authorities. Your personal data will be forwarded exclusively on the basis of the GDPR, in particular to fulfil your instructions or on the basis of your prior consent.
Further we would like to inform you that in connection with the fulfilment of our services as your legal counsel factual and case-related information concerning you will be also obtained from third parties.
Some of the recipients of your personal data stated above are located or process your personal data outside your country. The data protection standard in other countries may not be the same as the one in Austria. The processing of personal data to countries for which the European Commission has decided that they do not offer an adequate level of data protection is only permitted to the extent (i) that this is absolutely necessary in order to fulfil the client’s instruction or pursue his/her interests, (ii) that we have the client’s consent, (iii) on the basis of other binding legal provisions or (iv) we take measures to ensure that all recipients offer an adequate level of data protection, for which purpose we for example conclude standard contractual clauses (2010/87/EU and/or 2004/915/EC).
4. Retention of data
We will not retain personal data longer than necessary to fulfil our contractual and/or legal obligations or to defend us against any liability claims that may arise or to comply with any statutory time periods (e.g. limitation periods for claims, periods according to tax provisions).
In case you are our client, or an interested party, or a potential future client of us, we will retain your personal data for marketing purposes until you disagree with such retention or withdraw your consent.
5. Your rights in connection with the use of personal data
In compliance with our professional duty as a lawyer to maintain secrecy, you as our client or as a data subject in general have a right of access to your stored personal data, its source and recipient and the purpose of data processing as well as a right to rectification, a right to data portability, a right to object, a right to restriction of processing and blocking or erasure of inaccurate or inadmissibly processed data at any time.
In case of changes of your personal data please inform us accordingly.
You may withdraw your consent to use your personal data at any time. Your request for access, erasure, rectification, objection and/or data portability (in the last case: unless this involves a disproportionate effort) may be sent to our law firm’s email address stated in Section 10 of this statement.
If you are of the opinion that processing of your personal data by us infringes applicable data protection law or that your claims under data protection law have been infringed in any other way, you may lodge a complaint with the competent supervisory authority. In Austria the competent authority is the Austrian Data Protection Authority (Datenschutzbehörde).
6. Data security
Your personal data is protected through appropriate technical and organisational measures. These measures include but are not limited to protection against unauthorised, unlawful or accidental access, processing, loss, use and tampering.
Irrespective of our efforts to observe an appropriately high standard of due diligence at all times it cannot be excluded that information, which you have provided to us via the internet will be inspected and used by other persons.
Please note that we, therefore, assume no liability whatsoever for disclosure of information due to errors in data transfers that were not caused by us and/or unauthorised access by third parties (e.g. hacker attack on email account or phone, interception of fax messages).
7. Communication and notification of data breaches
We endeavour to ensure that data breaches will be noticed early and immediately communicated to you and notified to the competent supervisory authority, where applicable, including the relevant categories of data concerned.
8. Obligation to provide personal data
In so far as we collect your personal data from you, you provide us with such data on a voluntary basis. Please note, however, that we are not able to render our legal services in accordance with our mandate if you not provide us with the necessary personal data.
In accordance with the anti-money laundering regulations and prior to rendering our legal services, we are obliged to identify our clients, for example, by using her/his personal identification document and collect further personal data, such as name, place and date of birth, citizenship and address. In order to fulfil our obligations mentioned above, our client has to provide us with the necessary information and documentation, as well as to inform us about all and any changes of such information and documentation in the course of our relationship. If you do not provide us with the necessary personal data and information in accordance with the anti-money laundering regulations, we can refuse to fulfil your instructions or cease rendering our legal services.
9. Use of our Website / Cookies
Every time you access our website, our system collects personal data such as your IP address from the computer system accessing our website. Personal data processing in connection with the visit of our website is carried out on the basis of our legitimate interest in the operation of the website and improvement of the offered information as well as in the optimization of the system security and prevention of any unauthorised access to our website. The storage and processing of the personal data mentioned above is necessary to enable your computer system to retrieve and display our website.
Your personal data will be transferred to our hosting service provider. When necessary to defend us against any unauthorized access to our website, your personal data will be transferred to the competent authority. Our website is hosted by Denk Kreativ KG – Hirschengasse 10/GL, 1060 Wien – 01/264 19 03).
Our website uses “cookies” to make our offer more user-friendly, more effective and safer. A “cookie” is a small text file which is downloaded by your browser the first time you visit our website and stored in your computer, without causing any damages or harm. Some cookies remain stored in your computer until you delete them. This enables our website to recognise you as a user on your next visit.
You may adjust your browser settings so that you will be informed about the placement of cookies and only allow them on a case-by-case basis, accept them for specific cases or generally refuse or automatically delete cookies when you close your browser. The functionality of our website may be restricted as a result of deactivating cookies.
10. Our contact details
In case of any questions or if you want to withdraw your consent, please contact us on firstname.lastname@example.org.
Neubauer & Partner Rechtsanwälte GmbH
An der Hülben 4/7, 1010 Vienna