Privacy Policy

1. Name and contact details of the data controller

This privacy policy provides information about the processing of personal data on the law firm’s website:

Data controller: Gornik und Partner, Wirtschafts- und Steuerberatungsgesellschaft mbB
Neuenheimer Landstrasse 20
69120 Heidelberg
Telephone: +49 (6221) 45950
Fax: +49 (6221) 459550
Email: stb@go-pa.de

Contact details of the Data Protection Officer:

Frank Lindqvist

The law firm’s Data Protection Officer can be contacted at the above address and at Datenschutzbeauftragter@go-pa.de.

2. Scope and purpose of the processing of personal data

2.1 Visiting the website

When accessing this website www.go-pa.de or www.gornik-partner.de, data is automatically sent to this website’s server by the visitor’s internet browser and stored temporarily in a log file. Until automatic deletion, the following data is stored without any further input from the visitor:

  • IP address of the visitor’s device,
  • date and time of the visitor’s access,
  • Name and URL of the page accessed by the visitor,
  • Website from which the visitor accessed the law firm’s website (so-called referrer URL),
  • Browser and operating system of the visitor’s device, as well as the name of the access provider used by the visitor.

The processing of this personal data is justified in accordance with Article 6(1)(f) of the GDPR. The law firm has a legitimate interest in processing the data for the purpose of

  • establishing a connection to the law firm’s website promptly,
  • to enable a user-friendly experience of the website,
  • to detect and ensure the security and stability of the systems, and
  • to facilitate and improve the administration of the website.

The processing is expressly not carried out for the purpose of gaining insights into the identity of the website visitor.

2.2 Contact form

Visitors can send messages to the law firm via an online contact form on the website. To receive a reply, at least a valid email address must be provided. The enquirer may provide any further details on a voluntary basis. By submitting the message via the contact form, the visitor consents to the processing of the personal data provided. Data processing is carried out solely for the purpose of handling and responding to enquiries via the contact form. This is done on the basis of the consent freely given in accordance with Article 6(1)(a) of the GDPR. The personal data collected for the use of the contact form is automatically deleted as soon as the enquiry has been dealt with and there are no grounds for further retention (e.g. subsequent engagement of our firm).

3. Disclosure of data

Personal data is disclosed to third parties if

  • the data subject has given their explicit consent in accordance with Article 6(1)(a) of the GDPR,
  • the transfer is necessary pursuant to Article 6(1), first sentence, point (f) of the GDPR for the establishment, exercise or defence of legal claims, and there is no reason to assume that the data subject has an overriding legitimate interest in the non-disclosure of their data,
  • there is a legal obligation to transfer the data pursuant to Article 6(1), first sentence, point (c) of the GDPR, and/or
  • this is necessary, pursuant to Article 6(1), first sentence, point (b) of the GDPR, for the performance of a contractual relationship with the data subject.

In other cases, personal data will not be disclosed to third parties.

4. Cookies

This website uses so-called cookies. These are data packets exchanged between the law firm’s website server and the visitor’s browser. They are stored on the device used to visit the website (PC, laptop, tablet, smartphone, etc.). Cookies cannot cause any damage to the devices used. In particular, they do not contain any viruses or other malware. The cookies store information relating to the specific device used. The law firm cannot, under any circumstances, directly ascertain the identity of the website visitor.

Cookies are generally accepted in accordance with the browser’s default settings. Browser settings can be configured so that cookies are either not accepted on the devices used, or so that a specific notification is displayed before a new cookie is created. However, please note that disabling cookies may mean that not all functions of the website can be used to their full potential.

Cookies are used to make the law firm’s website more user-friendly. For example, session cookies can be used to track whether a visitor has already visited individual pages of the website. These session cookies are automatically deleted when the visitor leaves the website.

Temporary cookies are used to improve user-friendliness. They are stored on the visitor’s device for a limited period. When the visitor returns to the website, the system automatically recognises that the visitor has previously accessed the site and recalls any entries and settings made, so that these do not need to be repeated.

Cookies are also used to analyse website visits for statistical purposes and to improve the service. These cookies make it possible to automatically recognise, upon a return visit, that the website has already been visited by the user. In this case, the cookies are automatically deleted after a specified period of time.

The data processed by cookies is justified for the above-mentioned purposes to safeguard the legitimate interests of the law firm in accordance with Article 6(1)(f) of the GDPR.

5. Your rights as a data subject

Insofar as your personal data is processed in connection with your visit to our website, you, as a “data subject” within the meaning of the GDPR, have the following rights:

5.1 Right of access

You may request information from us as to whether we are processing any of your personal data. There is no right to information if the provision of the requested information would breach the duty of confidentiality pursuant to Section 57(1) of the German Tax Advisers Act (StBerG) or if the information must be kept confidential for other reasons, in particular due to an overriding legitimate interest of a third party. Notwithstanding this, there may be an obligation to provide the information if, in particular taking into account the risk of imminent harm, your interests outweigh the interest in confidentiality. The right to access is also excluded if the data is stored solely because it may not be deleted due to statutory or statutory retention periods, or serves exclusively for data backup or data protection monitoring purposes, provided that the provision of information would entail a disproportionately and the processing for other purposes is prevented by appropriate technical and organisational measures. Provided that the right to access is not excluded in your case and your personal data is being processed by us, you may request the following information from us:

  • Purposes of the processing,
  • categories of personal data processed,
  • recipients or categories of recipients to whom your personal data is disclosed, in particular recipients in third countries,
  • where possible, the envisaged period for which your personal data will be stored, or, if this is not possible, the criteria used to determine that period,
  • the existence of a right to rectification or erasure or restriction of processing of the personal data concerning you, or a right to object to such processing,
  • the existence of a right to lodge a complaint with a data protection supervisory authority,
  • where the personal data have not been collected from you as the data subject, the available information regarding the origin of the data,
  • the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and intended consequences of automated decision-making,
  • in the case of transfer to recipients in third countries, provided there is no decision by the European Commission on the adequacy of the level of protection pursuant to Article 45(3) of the GDPR, information on the appropriate safeguards provided for in accordance with Article 46(2) of the GDPR to protect personal data.

5.2 Rectification and Completion

If you discover that we hold inaccurate personal data about you, you may request that we rectify this inaccurate data without delay. If your personal data is incomplete, you may request that it be completed.

5.3 Erasure

You have the right to erasure („ right to be forgotten“), provided that the processing is not necessary for the exercise of the right to freedom of expression, the right to information, or for compliance with a legal obligation or for the performance of a task carried out in the public interest, and one of the following grounds applies:

  • The personal data is no longer necessary for the purposes for which it was processed.
  • The legal basis for the processing was solely your consent, which you have withdrawn.
  • You have objected to the processing of your personal data that we have made public.
  • You have objected to the processing of personal data that we have not made public, and there are no overriding legitimate grounds for the processing.
  • Your personal data has been processed unlawfully.
  • The erasure of the personal data is necessary to comply with a legal obligation to which we are subject.

There is no right to erasure if, in the case of lawful non-automated data processing, erasure is not possible or would involve a disproportionately high effort due to the specific nature of the storage, and your interest in erasure is low. In this case, erasure is replaced by restriction of processing. and your interest in erasure is low. In this case, restriction of processing shall take the place of erasure.

5.4 Restriction of processing

You may request that we restrict processing if one of the following grounds applies:

  • You contest the accuracy of the personal data. In this case, restriction may be requested for the period necessary to allow us to verify the accuracy of the data.
  • The processing is unlawful and, instead of erasure, you request the restriction of the use of your personal data.
  • We no longer require your personal data for the purposes of processing, but you require it to establish, exercise or defend legal claims.
  • You have lodged an objection pursuant to Article 21(1) of the GDPR. Restriction of processing may be requested until it is determined whether our legitimate grounds override your interests.

Restriction of processing means that personal data may only be processed with your consent or for the purposes of asserting, exercise or defence of legal claims, or to protect the rights of another natural or legal person, or for reasons of substantial public interest. Before we lift the restriction, we are obliged to inform you of this.

5.5 Data portability

You have a right to data portability provided that the processing is based on your consent (Art. 6(1)(a) or Art. 9(2)(a) GDPR) or on a contract to which you are a party and the processing is carried out by automated means. In this case, the right to data portability includes the following rights, provided that this does not infringe upon the rights and freedoms of others: You may request that we provide you with the personal data you have supplied to us in a structured, commonly used and machine-readable format. You have the right to transmit this data to another controller without hindrance on our part. Where technically feasible, you may request that we transmit your personal data directly to another controller.

5.6 Objection

Where the processing is based on Article 6(1)(e) of the GDPR (performance of a task carried out in the public interest or in the exercise of official authority) or on Article 6(1)(f) of the GDPR (legitimate interests of the controller or a third party), you have the right to object at any time to the processing of personal data concerning you on grounds relating to your particular situation. This also applies to profiling based on Article 6(1), first sentence, point (e) or (f) of the GDPR. Once you have exercised your right to object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, exercise or defend legal claims.

You may object at any time to the processing of your personal data for the purposes of direct marketing. This also applies to profiling associated with such direct marketing. Once you have exercised this right to object, we will no longer use the personal data in question for the purposes of direct marketing.

You may inform us of your objection informally by telephone, email, fax (if applicable) or by post to our firm’s address listed at the beginning of this privacy policy.

5.7 Withdrawal of consent

You have the right to withdraw your consent at any time with effect for the future. You may withdraw your consent informally by telephone, email, fax (if applicable) or by writing to our postal address. Withdrawal does not affect the lawfulness of data processing carried out on the basis of your consent prior to receipt of the withdrawal. Upon receipt of the withdrawal, data processing that was based solely on your consent will cease.

5.8 Complaints

If you believe that the processing of your personal data is unlawful, you may lodge a complaint with a data protection supervisory authority competent for your place of residence or work, or for the place where the alleged infringement.

6. Status and updating of this privacy policy

This privacy policy is dated 25 May 2018. We reserve the right to update the privacy policy from time to time in order to improve data protection and/or to adapt it to changes in regulatory practice or case law.