Privacy Policy
BE|Legal Anwaltskanzlei Beneke, Mrs Rechtsanwältin Kerstin Beneke, as operator of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third Party Access.
I. Information about the responsible party
The data processing controller on this website is:
BE|Legal Anwaltskanzlei Beneke Frau Rechtsanwältin Kerstin Beneke
Schumannstraße 52
40237 Düsseldorf
Telefon: +49 (0) 211 38181134
E-Mail: info@be-legal.de
II. An overview of data protection
1. General information
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit our website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
2. Data recording on our website
a. Who is the responsible party for the recording of data on this website (i.e. the “controller”)?
The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.
b. How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access our website.
c. What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user Patterns.
d. What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified, blocked or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.
Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section “Right to Restriction of Data Processing.”
3. Data Security and SSL and/or TLS encryption
a. Security
We try to take appropriate organizational, technical and administrative measures to protect information within our organization. Unfortunately, no data transfer and no storage system can guarantee 100% security. If you have reason to believe that the security of your account is at risk, please let us know in accordance with the "Contact Us" section below.
b. Enryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.
III. Recording of data on our Website
1. Information you provide us
a. MailChimp - Newsletter
We offer you the opportunity to register for our free newsletter via our website.
We use MailChimp, a service of The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, USA, hereinafter referred to as "The Rocket Science Group".
Through certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active
the Rocket Science Group guarantees that it will follow the EU's data protection regulations when processing data in the United States. In addition, the Rocket Science Group offers further information about its data protection practices at
http://mailchimp.com/legal/privacy/
If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be processed by The Rocket Science Group. In addition, your IP address and the date and time of your registration will be saved. During the registration process, your consent to receive this newsletter will be obtained together with a concrete description of the type of content it will offer and reference made to this privacy policy.
The newsletter then sent out by The Rocket Science Group will also contain a tracking pixel called a web beacon. This pixel helps us evaluate whether and when you have read our newsletter and whether you have clicked any links contained therein. In addition to further technical data, such as data about your computer hardware and your IP address, the data processed will be stored so that we can optimize our newsletter and respond to the wishes of our readers. The data will therefore increase the quality and attractiveness of our newsletter.
The legal basis for sending the newsletter and the analysis is Art. 6 Para. 1 lit. a) GDPR.
You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.
b. By using the Contact- or Smart packages form
If you contact us via email or the contact or smart packages form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.
The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.
Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.
c. By using e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.
The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases, the processing is based on your consent (Article 6 (1) a GDPR) and/or on our legitimate interests (Article 6 (1) (f) GDPR), since we have a legitimate interest in the effective processing of requests addressed to us.
The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.
2. Information we collect from your use of the service
a. Server log files
The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:
- The type and version of browser used
- The used operating system
- Referrer URL
- The hostname of the accessing computer
- The date and time of the server inquiry
- The IP address
This data is not merged with other data sources.
This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.
b. By using Cookies
In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.
You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.
Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.
c. IP-Adress
Your IP address is a number that your Internet Service Provider automatically assigns to the computer you are using. An IP address can be identified in our server log files along with the time of the visit and pages visited, automatically truncated, and logged as soon as a user accesses the services. Collecting IP addresses is common practice and is performed automatically by many Web sites, applications, and other services. We use truncated IP addresses only for purposes such as calculating user activity, diagnosing server issues, and managing services. Also, we can derive your approximate location from your IP address.
3. Plug-ins and Tools
Google-Maps
Our website uses Google Maps to display our location and to provide directions. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).
Through certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that it will follow the EU's data protection regulations when processing data in the United States.
To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.
If you access the Google Maps components integrated into our website, Google will store a cookie on your device via your browser. Your user settings and data are processed to display our location and create a route description. We cannot prevent Google from using servers in the USA.
The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in optimizing the functionality of our website.
By connecting to Google in this way, Google can determine from which website your request has been sent and to which IP address the directions are transmitted.
If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.
In addition, the use of Google Maps and the information obtained via Google Maps is governed by the Google Terms of Use https://policies.google.com/terms?gl=DE&hl=en and the Terms and Conditions for Google Maps https://www.google.com/intl/de_de/help/terms_maps.html.
Google also offers further information at
https://adssettings.google.com/authenticated
https://policies.google.com/privacy
IV. Disclosure of personal data to third parties
1. We only share your personal information with third parties if:
- to our third party vendors who provide services such as website hosting, data analytics, payment processing, fraud protection, order fulfillment, information technology and related infrastructures, customer service, e-mail delivery, auditing and other services.
- According to Art. 6 para. 1 sentence 1 lit. a GDPR you have given consent to this.
- disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
- in the event that disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c DSGVO is a legal obligation, as well
- this is legally permissible and according to Art. 6 para. 1 sentence 1 lit. b DSGVO is required for the settlement of contractual relationships with you.
We will ensure that third parties maintain an appropriate level of protection in the processing of your data and conclude a contract data processing contract with them, provided they are processors.
We may use and disclose information that does not identify or otherwise refer to a person for any purpose, unless we are otherwise required to do so under applicable law.
2. Third party services
This Privacy Policy does not apply to the privacy, information or other practices of third parties, including third parties who operate a website or service to which the Services are linked. Including a link in the Services does not mean that we or our affiliates support the Linked Site or Service.
V. Your rights
1. Information, Blocking, Deletion and Correction
You have the right to free information on your stored personal data, their origin and recipient and the purpose of the data processing and, if necessary, a right to rectification, blocking or deletion of this data. For further information on personal data you can contact us at any time at the address given in the imprint.
2. Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:
- In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
- If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
- If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
- If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
3. Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
4. Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).
If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).
5. Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
6. Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
VI. Use of services by minors
The Services are not directed to anyone under the age of thirteen (13) and we require that such persons provide no personal information about the Services.
VII. Cross-border Transfer
Your data may be stored and processed in any country where we maintain facilities or use service providers, and if you consent to the transfer of data to countries outside your country of residence, including the United States, through the use of any of these services other privacy policies than may apply in your home country.
If you are located in the European Economic Area (EEA), we have taken measures under Article 46 GDPR to comply with the restrictions on EEA data transmission, eg. For example, the introduction of a legal process for the lawful transfer of your personal data between EEA and non-EEA countries such as South Korea.
You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
VIII. Updates of this Privacy Policy
We may make changes to this Privacy Policy from time to time. These changes will apply from the date specified at the top of this page as "Last Update." For this reason, you should periodically check this privacy policy for updates. Your use of the Services following these changes means that you accept the revised Privacy Policy.
IX. Details
This website is owned and operated by BE|Legal Anwaltskanzlei Beneke, Rechtsanwältin Kerstin Beneke. For any Questions or concerns please contact info@be-legal.de.
Be Legal Anwaltskanzlei Beneke, Kerstin Beneke, Schumannstraße 52, 40237 Düsseldorf
Tel.: +49 (0) 211/36181134 E-Mail. : info@be-legal.de
As August 2018