Fritzsche Frank Fletzberger Rechtsanwälte GmbH (hereinafter referred to as "we", "us") is committed to adequately protecting your personal data. We comply with the applicable legislation for the protection, legal use and confidentiality of personal data, as well as data security, specifically the Austrian Data Protection Act ("DSG"), the EU General Data Protection Regulation ("GDPR") and the Telecommunications Act ("TKG").
We collect, process and use your personal data only upon your consent, mandate or order for the purposes to which you have agreed or if anther legal basis in accordance with the GDPR and in compliance with data protection and civil law.
We only collect data required to implement and execute our legal services or data which you have voluntarily provided to us.
This privacy statement provides you with information regarding the nature, scope and purpose of collecting and using your personal data.
What is personal data?
Personal data includes all data containing information regarding personal or factual circumstances, such as name, address, email address, telephone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings and biometric data such as fingerprints. It may also include sensitive data such as health data or data in connection with criminal proceedings.
When we are mandated by a client, for example, we are required to collect the following information:
- Title, first name, last name,
- Valid email address,
- Telephone number (landline and/or mobile),
- Information necessary for asserting and defending your rights under the mandate.
What rights do you have?
Revocation of consent: In accordance with Art. 7 (3) GDPR, you may revoke your consent to us at any time. This revocation of consent subsequently prevents us from continuing the processing of your data.
Right to information: In accordance with Art.15 of the GDPR you can request that your personal information be processed by us. In particular, you may provide information regarding the purpose of the processing, the various categories of personal data, the categories of recipients to whom your data has been or will be disclosed, how long the data will be stored, if a right to rectification exists, deletion of the data, limitations on processing or discrepancies, if a right of appeal exists, the origin of the data, if not collected by us and if an automated decision-making process exists, including profiling and, where appropriate, and details about the profiling.
Rectification: According to Art. 16 GDPR, you may immediately request the rectification of incorrect data or the updating of your personal data stored with us.
Cancellation: According To Art. 17 GDPR, you may request the deletion of your personal data stored with us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.
Objection: If your personal data are processed based on legitimate interests in accordance with Art. 6 (1) sentence 1 lit. f GDPR, you have the right to file an objection against the processing of your personal data in accordance with Art. 21 GDPR, provided justifiable reasons exist based on your specific situation.
Data transfer: According to Art. 20 GDPR, you may receive your personal data provided to us in a structured, conventional and machine-readable format or request for it to be sent to another responsible party.
Complaints to the regulatory authority: According to Art. 77 GDPR, you are authorised to file complaints with the regulatory authority. As a rule, you can contact the regulatory authority at your usual place of residence or work or our law-office.
Note – Attorney-Client Privilege: please be advised we also have an obligation to maintain confidentiality. The rights and obligations granted by the GDPR can neither break nor restrict a lawyer's right to confidentiality (cf. Section 9 (3)(a) RAO; Verfassungsgerichtshof 2698/2017).
How do we protect your information?
We do our utmost to make your visit and use of our website as secure as possible. Therefore, we adhere to Art. 32 GDPR for ensuring the confidentiality and security of your personal data and we will take reasonable technical and organizational security measures to do so. These precautionary measures pertain especially to protecting against unauthorised, unlawful or accidental access, processing, loss, use of manipulation.
Notwithstanding efforts to comply with consistent and reasonably high levels of due diligence requirements, it is impossible to exclude the possibility that your information provided will be viewed and used by other parties.
Please note that we therefore cannot assume any liability for the disclosure of information due to errors in data transmission for which we are not responsible and/or unauthorised access by third parties (e.g. hacking attacks of email accounts or phone, intercepted faxes).
How is your data used?
The data made available to us will not be processed for any purpose other than that provided by the mandate agreement or by your consent or by some other provision in accordance with the purposes specified in the GDPR.
The access data collected from you when visiting the website are used only for statistical evaluations and in aggregated form to operate, secure and optimise the website (mainly legitimate interests).
To process inquiries and address follow-up questions, we process the personal data collected to fulfil (pre) contractual obligations or based on legitimate interests.
How long do we store your personal data?
We store your personal data only as long as required to fulfil specified purposes and contractual and legal obligations. When your personal information is no longer required, we will delete it from our systems and records or anonymize it so that it is no longer identifiable.
Will your data be shared?
We will not share your personal data with third parties, unless it is required for the fulfilment of our duties or required by law/officially.
In fulfilling your order it may also be necessary to share your data with third parties (e.g. counterparties, substitutes, insurance companies, service providers used by us and to whom we provide data, etc.), courts or public authorities. The sharing of your data takes place exclusively on the basis of the GDPR, particularly for the fulfillment of your order or on the basis of your prior consent.
Furthermore, we would like to inform you that as part of our legal representation and support, subject-related and case-related information pertaining to you are obtained periodically from third parties.
Some of the above-mentioned recipients of your personal data are also located outside your country or process your personal data within their country. The level of data protection in other countries may not be at the same level as Austria's. However, we only transmit your personal data to countries for which the European Commission has determined an adequate level of data protection exists, or we are implementing measures to ensure that all recipients have an adequate level of data protection and at the level we conclude standard contract terms (2010/87/EC and/or 2004/915/EC).
In addition, your personal data will be processed by our service providers (processors) on our behalf. These processors are primarily IT service providers and IT maintenance services. All order processors used by us process your data solely on our behalf and as specified by our instructions and for the purposes specified above.
Notification of data breaches?
We make efforts to ensure that data breakdowns are detected at an early stage and reported immediately to you or the relevant supervisory authority if applicable, including the respective data categories affected.
Some of our cookies are function-related (hereinafter also "required cookies") necessary for the technical functioning of the website. The processing carried out is based on Art. 6 (1) lit. (b) GDPR (contract fulfilment).
Our website also uses web analytics and tracking cookies. These cookies are classified as "preference cookies", "statistics cookies" and "marketing cookies".
Preference cookies enable a website to remember information about how a website behaves and displays information (e.g., preferred language or your current region). Statistics cookies help web site owners understand how visitors interact with the website by collecting and reporting information anonymously. Art. 6 (1) lit. f GDPR provides the legal basis for the cookies used on this website. No marketing cookies are used on this website.
Options for opting-out from the respective service provider are described in more detail below. You also have the option to use our website without cookies by disabling the storage of cookies in your browser, e.g. restricting certain websites, blocking certain websites or by setting your web browser (e.g., Chrome, IE, Firefox) to notify you when a cookie is sent. You can also delete cookies from your computer's hard drive at any time. However, blocking cookies may render the website's functions partially or totally unusable.
Google uses this information on our behalf to evaluate the activity of the website by the user, to compile activity reports and to provide other services related to the use of the app and the Internet to SPT. The IP addresses transmitted by Google Analytics from a user's browser will not be merged with other Google data. You can prevent cookies from being stored by adjusting your browser settings. However, this may prevent some functions from being fully useable.
We use Google Analytics to analyze and periodically improve the use of our website. These statistics allow us to improve our services and present it in a more interesting format for you, the user. For exceptional cases in which personal data are transferred to the United States, Google has complied with the EU-US Privacy Shield Framework, https://www.privacyshield.gov/EU-US-Framework.
Regardless of your cookie settings, you can also prevent the collection and use of data generated by cookies (including IP addresses) to Google and the processing of this data by Google by downloading and installing the following plugin: http://tools.google.com/dlpage/gaoptout?hl=de
Server log files
We collect and store the following data whenever you visit the website:
- IP address and IP location
- Referrer URL (the previously and subsequently visited web page)
- Number, duration and time of visits (your interaction with the website) including language
- Search engines and keywords used to find us
- Browser type, device type, screen resolution, ISP and operating system
This data will not be merged with personal data sources. We reserve the right to check this data later if we have concrete evidence of unlawful use.
Data processing of applications
If you apply to us by letter, by e-mail or by contact form, we will process your personal data for the purpose of initiating the employment relationship. If we wish to process your data for other purposes we will request your consent separately. For example, keeping your data on file allows us to use it for similar future vacancies.
For applicants, your personal data will be deleted 6 months after the the application procedure has ended, unless they have expressly declared that we may keep your documents on file. In the event you accept the job you applied for, we will process the personal data submitted throughout the course of the employment relationship but only for periods specified by statutory provisions for retention.
Name and contact details of the party responsible for processing
Fritzsche Frank Fletzberger Rechtsanwälte GmbH
FN: 403515 f, Handelsgericht Wien
RA-Code: P 111395
1010 Wien, Nibelungengasse 11/4
Tel. + 43 (1) 877 04 54
Fax. + 43 (1) 877 04 56