Information pursuant to Articles 13, 14 and 21 of the General Data Protection Regulation
How I handle data and your rights
I appreciate you visiting my website www.leupold-legal.com and your interest in my services. In this privacy and data protection declaration I have put together information for you regarding the processing of your personal data.
The separate text passages explain among other things from what sources, to what purposes and on which legal basis your data is processed, for how long this is stored and whether your data is passed on to others. In addition I give you information regarding the claims and rights to which you are entitled according to data protection regulations.
I.Information regarding the responsible person
The person responsible for the processing of your personal data in the sense of Art 4 Np. 7 GDPR is Dr. Andreas Leupold Saeckingenstr. 2, 81545 Munich, Germany, to be reached via telephone: + 49 89 64956563, email: firstname.lastname@example.org. This information can be called up at any time pursuant to Articles 12, 14 and 21 GDPR at https://www.leupold-legal.com and can be downloaded and printed.
II.General Information Regarding Data Processing
1.Scope of the processing of personal data
Your personal data is only processed by me, if this is necessary for offering a functional website as well as for the content and services that can be called up there or if you have consented to the use of the data. An exception exists only in such cases as it is not necessary to obtain prior consent or if it is not possible for actual reasons and the processing of data is permitted according to legal regulations.
2.Legal basis for the processing of personal data
If I request consent from the data subject for processing personal data, Art 6. Sec. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for this.
With the processing of personal data, which is necessary for the fulfilment of a contract, of which the data subject is a contractual party, Art. 6 sec. 1 lit. b GDPR serves as a legal basis. This is also valid for processing that is necessary for carrying out pre-contractual measures.
In as much as processing of personal data is necessary for fulfilling a legal obligation which I am subject to, Art. 6 sec. 1 lit. c GDPR serves as the legal basis.
If processing is necessary for keeping my legitimate interest or the legitimate interest of a third party and the interests, basic rights and fundamental freedoms of the data subject are not predominant to the afore-mentioned interest, then Art. 6 sec. 1 lit. f GDPR serves as a legal basis for the processing.
3.Data deletion and duration of storage
Your personal data will be deleted or blocked as soon as the purpose of storage ceases to exist. Storage may only take place over and beyond that time, if this is provided for by the European or national legislator in Union regulations, laws or other provisions, to which I as the responsible party am subject. Blocking or deletion of data also takes place, if the legally prescribed storage deadline expires, unless a necessity for further storage of data exists per conclusion of a contract or for the fulfilment of a contract.
III.Processing of your data for the provision of the website
1.Description and scope of data processing
With each calling up of my website data and information is automatically collected from the computer system of the visiting computer. The following data is thereby collected:
(a)Your IP address
(b)date and time of your request
(c)Your browser and its version.
1.Description and scope of data processing
For queries pertaining to legal advice or for using your rights explained in Clause VI. you can reach me via email (email@example.com). In this case the personal data that you transmit will be stored. In this context, data is not passed on to third parties. Data is solely used for processing your message.
2.Legal basis for data processing
If a consent exists for the processing of your data for the email correspondence, the legal basis for this is Art. 6 Sec. 1 lit a) GDPR. Besides, the legal basis for the processing of data that takes place in the course of sending an email is Art. 6 sec. 1 lit. f GDPR. If the email contact has the intention of concluding a contract, then in addition the legal basis for the processing is Art. 6 sec. 1 lit. b GDPR.
3.Purpose of data processing
The processing of your data serves my and your legitimate interest of communicating in this way and for receiving and processing your communications, Art. 6 sec. 1 lit. f) GDPR. If the email contact serves the purpose of concluding a contract, then it also at the same times serves the contract reason, foundation and implementation, Art. 6 sec. 1 lit. b) GDPR.
4.Duration of storage
Data is deleted as soon as this is no longer necessary for fulfilling the purpose of its collection. For personal data that is transmitted via email this is the case, when the respective conversation with you is ended and no legal deadline for storage exists. The conversation ends, if from the circumstances it can be derived that the issue concerned has been conclusively clarified.
5.Possibility of objection and removal
You have the possibility at any time of revoking your consent to the processing of your personal data. If you contact us via email, then you can object to the storage of your data at any time. In such a case the conversation can no longer be continued. Further information for exercising your right to revoke and object can be found in Clause VI. of this data protection declaration. All personal data that had been stored in the course of the contact will be deleted in this case.
V.Processing of your personal data on my behalf
Your data is processed on my behalf by SpaceNet AG, Joseph-Dollinger-Bogen 14, 80807 Munich, Germany according to the contract processing agreement concluded with Spacenet AG pursuant to Art. 28 GDPR, with which Spacenet AG has committed to guaranteeing an appropriate level of protection. Spacenet AG is ISO 27001 certified.
VI.Your rights as a data subject
If your personal data is processed by me, you are a data subject in the sense of Art. 4 No. 7 GDPR and you have the following rights with respect to me as the responsible person:
1.Right to information
You can request from me as the responsible party a confirmation, whether personal data pertaining you is processed by me. If such a processing takes place, then you can request from me as the responsible party the following information:
(a)The purpose for which the personal data is processed;
(b)The categories of personal data that are processed;
(c)The recipient and/or the categories of recipients to which personal data relating to you has been or shall be disclosed;
(d)The planned duration of the storage of the personal data pertaining to you or if concrete details are not possible to this, criteria for determination of the duration of storage;
(e)The existence of a right for correcting or deleting the personal data pertaining to you, a right to the limitation of the processing by the responsible party or a right to objection to this processing;
(f)The existence of a right of appeal to a supervisory authority;
(g)All available information with respect to the origin of the data, if the personal data is not collected from you as the data subject;
(h)You have the right to request information whether the personal data pertaining to you is transmitted to a third country/state or to an international organization. In this respect you can request to be informed with respect to the suitable guarantees according to Art. 46 GDPR in connection with the transmission.
2.Right to correction
You have the right to correction and/or completion with respect to me as the responsible party, if the processed personal data pertaining to you is incorrect or incomplete. As the responsible party I must correct this without undue delay.
3.Right to the limitation of the processing
Und the following conditions you can request the limitation of personal data pertaining to you:
(a)if you contest or dispute the correctness of the personal data pertaining to you for a duration that gives me the possibility of checking the correctness of personal data;
(b)if the processing is not lawful and you refuse the deletion of personal data and instead request the limitation of the use of personal data;
(c)I no longer require the personal data for the purposes of processing, you however require this for the making valid, exercising or defence against legal claims, or
(d)if you have filed an objection to the processing according to Art. 21 sec. 1 GDPR and it has not yet been determined, whether my legitimate interests are predominant to your reasons.
If the processing of the personal data pertaining to you is limited, this data may – apart from its storage – only be processed with your consent or for making valid, exercising or defending against legal claims or for the protection of rights or another natural person or legal entity or for reasons of an important public interest of the Union or a member state.
If the limitation of processing has been limited by the above-mentioned prerequisites then you will be informed by me before the limitation is removed.
4.Right to deletion
(a)Obligation to delete
You can request of me as the responsible party, that the personal data pertaining to you be deleted without undue delay and I am obliged to delete the data without undue delay, as long as one of the following reasons applies:
- The personal data pertaining to you has been collected for purposes or other reasons that are no longer necessary.
- You retract or revoke your consent to the processing based on Art. 6 sec. 1 lit. a or Art. 9 sec. 2 lit. a GDPR and another legal basis for processing does not exist.
- You file an objection or appeal according to Art. 21 sec. 1 GDPR against the processing and there are no predominant legitimate reasons for the processing, or you make an objection or appeal pursuant to Art. 21 sec. 2 GDPR against the processing.
- The personal data pertaining to you was processed unlawfully.
- The deletion of the personal data pertaining to you is necessary for fulfilling a legal obligation according to Union law or German law.
- The personal data pertaining to you was collected in connection with the services offered by the information society according to Art. 8 sec. 1 GDPR.
(b)Information to third parties
If I have made the personal data pertaining to you public and am obliged to delete it pursuant to Art. 17 sec. 1 GDPR, taking the available technologies and the implementation costs into consideration, I shall take appropriate measures – also of a technical kind, in order to inform the responsible person for data processing, who processes personal data, that you as the data subject have requested the deletion of all links to this personal data or of copies and replications of this personal data.
The right to deletion does not exist, if the processing is necessary
- for exercising the right to freedom of expression and information;
- for fulfilling a legal obligation, that requires the processing according to Union or German law or for the fulfilment of a task that lies in public interest or takes place in the exercising of official authority, which has been vested in the responsible party;
- for reasons of public interest in the area of public health according to Art. 9 sec. 2 lit. h and i as well as Art. 9 sec. 3 GDPR;
- for archive purposes of public interest, scientific or historical research purposes or for statistical purposes according to Art. 89 Sec. 1 GDPR, to the extent that the right stated under section a) foreseeably makes the realization of the aims of this processing impossible or seriously impairs this or
- for the making valid, exercising or defence against legal claims
5.Right to be informed
If you make the right to correction, deletion or limitation of processing valid with respect to me, then I am obliged to inform all recipients, to whom the personal data pertaining to you has been disclosed, of this correction or deletion of the data or limitation of the processing, unless this proves itself to be impossible or is connected with a disproportionate effort. You have the right to be informed of these recipients.
6.Right to Data Portability
You have the right to receive the personal data pertaining to you which you have made available in a structure, common and machine-readable form. In addition you have the right to transfer these to another responsible person without obstruction by me, as long as
(a)the processing is based on a consent according to Art. 6 Sec. 1 lit. a GDPR or Art. 9 Sec. 2 lit. a GDPR or on a contract according to Art. 6 Sec. 1 lit. b GDPR and
(b)the processing takes place using automated processes.
In exercising this right you in addition have the right to obtain the personal data pertaining to you directly from me or another responsible person, as long as this is technically feasible. Freedoms and right of other persons may not be inhibited by this
7.Right of objection
You have the right, for reasons which result from the special situation, at any time to object against the processing or personal data relating to you, which takes place according to Art. 6 Sec. 1 lit. e or f GDPR; this is also valid for profiling bases on these provisions.
In this case, I will no longer process the personal data pertaining to you, unless compelling legitimate reasons for the processing are proven by me, which are predominant to your interests, rights and freedoms or serve the processing of the making valid exercising or defending of legal claims.
If the personal data pertaining to you is processed in order to carry out direct marketing, you have the right to at any time make an objection to the processing of personal data pertaining to you for the purposes of such advertising. This is also valid for profiling, if it is in connection with such direct marketing.
If you object to the processing for the purposes of direct marketing, then the personal data relating to you will no longer be processed for these purposes.
The objection is without formal requirements and can be declared in writing to Dr. Andreas Leupold, Saeckingenstr. 2, 81545 Munich, Germany or via email (firstname.lastname@example.org), or also via telephone (tel. no. +49 89 64956563). You have the possibility in connection with the use of services of the information society – irrespective of the Directive 2002/58/EU – to exercise your right to objection by means of an automated process, with which technical specifications are used.
8.Ríght to Revocation of the Data Protection Declaration of Consent
You have the right to revoke or withdraw your data protect declaration of consent at any time. By revoking the consent the legality of the processing that took place on the basis of the consent up until the withdrawal of consent remains unaffected. The withdrawal of consent is without formal requirements and can either be declared in writing to Dr. Andreas Leupold, Saeckingenstr. 2, 81545 Munich Germany or with or with the help of the contact form available on my website, via email (email@example.com) or also via telephone (Tel. No. +49 89 64956563).
9.Complaint to a Supervisory Authority
Irrespective of any other administrative, regulatory or judicial remedies you have the right to a complaint to a supervisory authority, in particular in the member state of your place of residence, your workplace or the place of the alleged violation, if you are of the opinion that the processing of the personal data is in breach of the GDPR. The supervisory authority, to which the complaint can be filed, informs the complainant of the status and the results of the complaint including the possibility of a judicial redress according to. 78 GDPR.