This privacy policy is intended to provide you with an overview of how we use the personal data provided by you. Furthermore, we would like to inform you about precautions we take to protect your personal data and what rights and options you have to view your data and protect your privacy.
In this privacy policy you will also find information on what personal data we collect from you how we process it and to which third parties we may forward your data.
With regard to the terms used, we refer to the definitions in Art. 4 of the General Data Protection Regulation („GDPR").
Who is responsible for data processing and who can you contact?
RA MMag. Thomas Breuss is responsible for the processing of your personal data within the meaning of the GDPR.
Contact:
RA MMag. Thomas Breuss Erdbergstraße 118 / 22-24 1030 Vienna
E-Mail: office@ra-breuss.at
Imprint: Link
For what purposes and on what legal basis is your personal data processed?
- within the scope of your consent (Art. 6 para. 1 lit. a GDPR):
If you have given us your consent to process your personal data, processing will only happen in accordance with the purposes and to the extent agreed in the declaration of consent. You can revoke your consent at any time with effect for the future.
- for the fulfillment of contractual obligations (Art. 6 para. 1 lit. b GDPR):
The processing of personal data takes place for the provision of legal services for the services for the performance of our contract with you and the execution of your orders and all activities necessary for the operation and administration of our law firm.
- for the fulfillment of legal obligations (Art. 6 para. 1 lit. c GDPR):
The processing of personal data may be necessary for the purpose of fulfilling various legal or professional obligations.
- to safeguard the legitimate interests of the controller (Art. 6 para. 1 lit. f GDPR):
If necessary, the law firm may, in the context of balancing interests in our favor or in favor of a third party (especially our clients), perform data processing beyond the actual fulfillment of the contract to safeguard our legitimate interests or those of third parties (especially our clients). We process your data to the extent that this is necessary for the establishment, exercise or defense of legal claims and there is no reason to assume that you have an overriding legitimate interest in your data not being processed. This includes, of course, litigation PR and criminal complaints.
Who will receive your personal data?
We only transfer your personal data to the extent described below or in the context of a more specific information at the time of data collection. In addition, personal data that we collect about you will neither be sold by us nor be otherwise disclosed to third parties.
Transfer to third parties
We transfer personal data to other third parties with your consent, if this is necessary to fulfill a contract, to safeguard our legitimate interests or those of third parties (especially our clients). This includes, for example, the submission of pleadings including your data to court or the transmission of letters to other lawyers or authorities.
Transfer to processors
To a limited extent, we also pass on personal data to processors, who perform services for us, such as backup storage or direct transmission to courts. The processors may only use or disclose this data insofar as this is absolutely necessary for the performance of services for us or to comply with legal regulations. These processors are contractually obliged by us to guarantee the confidentiality and security of the personal data that they process on our behalf.
Other Transfers
We may also transfer personal data about you (i) if we are required to do so by law or in the context of a legal process, (ii) if we believe, on a balance of interests, that disclosure is necessary to prevent harm or financial loss, (iii) if we are required to disclose personal data in investigation in connection with suspected or actual fraudulent or illegal activities, or (iv) for the establishment, exercise or defense of legal claims based on our our legitimate interest.
Will the data be transferred to a third country or to an international organization?
If we process personal data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or the disclosure or transfer of personal data to third parties, we will only transfer personal data if this is necessary for the fulfillment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests.
For how long is personal data stored and processed?
We store and process your personal data for the duration of the entire business relationship (from the initiation the initiation, processing and termination of a contract) and beyond that in accordance with the statutory retention and documentation obligations. These arise, for example, from
- The Austrian Commercial Code (UGB),
- The Federal Tax Code (BAO), oder
- The Solicitors’ Professional Code (RAO).
In addition, the statutory limitation periods must be taken into account for the storage period, which, for example, according to the General Civil Code (ABGB) can be up to 30 years in certain cases (the general limitation period is 30 years).
What rights and options do you have?
a) Right of access (Art. 15 GDPR)
You have the right to request confirmation from us as to whether we are processing your personal data. If we process your personal data, you as the data subject have the right to obtain from us at any time information regarding the personal data stored about you and a copy of the processed personal data concerning you. In this context, as the data subject, you have the right to obtain access to the following information:
- (a) the purposes of the processing;
- (b) the categories of personal data concerned;
- (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- (f) the right to lodge a complaint with a supervisory authority;
- (g) where the personal data are not collected from the data subject, any available information as to their source;
- (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
If personal data about you has been transferred to a third country or to an international organization, you also have the right to obtain information about the appropriate safeguards in connection with the transfer.
b) Right to rectification (Art. 16 GDPR)
You have the right to request the rectification of inaccurate personal data concerning you. Furthermore, taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of a supplementary declaration.
c) Right to erasure (Art. 17 GDPR)
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay where one of the following grounds applies and where further processing is not necessary:
- The personal data are no longer required for the purposes for which they were collected;
- You withdraw consent on which the processing is based and where there is no other legal ground or overriding legitimate interest for the processing;
- The personal data have been unlawfully processed;
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- The personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.
d) Right to restriction of processing (Art. 18 GDPR)
You have the right to obtain from us restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by you (the restriction takes place for a period enabling the controller to verify the accuracy of the personal data).
- The processing of your personal data was unlawful, you oppose the deletion of your personal data and request the restriction of their use instead.
- We no longer need your personal data for the purposes of the processing, but you need them for the establishment, exercise or defense of legal claims.
- You have objected to the processing of your personal data and it has not yet been determined whose legitimate interests prevail.
e) Right to data portability (Art. 20 GDPR)
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to request that this data be transferred directly by us to another controller named by you, provided this is technically feasible and does not adversely affect the rights and freedoms of others. The prerequisite for data portability is always that the processing is based on your consent or is necessary for the fulfillment of a (pre-) contractual relationship and the processing is carried out using automated procedures. The right to data portability does not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
f) Right to withdraw consent (Art. 7 para. 3 DSGVO)
You have the right to withdraw your consent to the processing of your personal data at any time.
If you have objected to the processing, 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 where the processing serves the establishment, exercise or defense of legal claims.
We also use your personal data for direct marketing purposes. You have the right to object at any time to the processing processing for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. Once you have objected, we will no longer process your personal data for direct marketing purposes.
You have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you which is data that we process for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest. necessary.
If you wish to exercise one or more of the above rights, you can contact us at office@ra-breuss.at.
With which supervisory authority can you lodge a complaint?
Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority. In Austria, this is the data protection authority.
Do you have to provide your personal data?
In order to enable us to enter into a business relationship with you, we require various personal data. In some cases we are also legally obliged to collect them. Without this necessary data, we cannot enter into a business relationship with you.
Legal advice with incomplete data represents a considerable risk for all parties involved. If you refuse to provide us with the personal data necessary for the fulfillment of the contract, we reserve the right not to enter into a contractual relationship with you. We may have to terminate existing contractual relationships eventually.
You are not obliged to give your consent to the processing of personal data concerning you that is not relevant for the fulfillment of the performance of the contract or are not required by law and/or regulation.
To what extent is there automated decision-making?
We do not use fully automated decision-making to establish and conduct the business relationship. Should we use these procedures in individual cases, we will inform you of this separately if this is legally required by law.
Are personal data processed for purposes other than those for which they were collected?
As a general principle, we only process data for the purposes for which it was collected. In exceptional cases, however, we may process personal data that we have collected for a specific purpose. In this case, we will inform you before the intended processing about the purpose, the duration of storage, the exercise of the rights of the data subject, the possibility of withdrawing consent, the existence of the right to lodge a complaint with the data protection authority, whether the provision of the data was required by law or contract, the consequences of not providing the data and whether automated decision-making or profiling exists.
Are personal data processed for purposes other than those for which they were collected?
We process, inter alia, the following personal data:
- Inventory data (e.g. names, titles);
- Contact details (e.g. e-mail, telephone numbers);
- Content data (e.g. text entries, photographs, videos);
- Bank account data (e.g. IBAN, BIC);
- Documentation data (e.g. file notes).
We note that we only process personal data to the extent that this is necessary. In individual cases, we therefore find that less data than the data described above may suffice.
Is there any cooperation with contract processors and/or third parties?
If we disclose personal data to other people and companies (contract processors or third parties) as part of our processing disclose data to them or otherwise grant them access to the data, this is only done on a legal basis.
When will your personal data be deleted?
Unless we explicitly state otherwise in this privacy policy, personal data processed by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention obligations. If personal data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and cannot be processed for other purposes. This applies, for example, to personal data that must be retained for company reasons or tax law.
Storage is carried out in accordance with legal requirements, for example:
- 5 years according to 12 (2) and (3) RAO (storage of files and supporting documents);
- 7 years according to sec. 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, business papers, statements of income and expenditure, etc.).
Hosting
The hosting services we use serve to provide the following services: Provision of the web space and technical maintenance services that we use for the purpose of operating this online service.
However, we or our hosting provider MAGENTA do not process any data that are considered personal to us or to them.
Newsletter
We send newsletters, e-mails and other electronic notifications for advertising purposes and to announce news (hereinafter "newsletter") only with your consent, which is recorded when you register for the newsletter, where there is a legal basis to do so (e.g. sec. 107 para. 2 and 3 TKG).
You can unsubscribe from our newsletter at any time, i.e. revoke your consent. You can unsubscribe by replying to the newsletter with "unsubscribe" or by sending an e-mail to office@ra-breuss.at. Please note that we will continue to process your personal data in order to be able to prove that you have previously given your consent to receive newsletters. The processing of this data will be limited to the purpose of a possible defense against claims. You have the right to request the deletion of your personal data.
Contacting us
If you contact us (e.g. by email or telephone), your details will be processed for the purpose of handling and processing the contact request.
We delete the contact requests and your personal data provided to us, if their storage is no longer required.
How is my data protected?
We take the protection of your personal data very seriously and implement appropriate technical and organizational measures to protect you from unauthorized or unlawful processing of your personal data as well as its accidental loss, destruction or damage.
How is my data protected? How do I find out about changes to this privacy notice?
We are committed to upholding the principles of privacy and data protection. For this reason, we regularly review our privacy policy. This is to ensure that it is error-free and clearly visible on our website, contains appropriate information about your rights and our processing activities and is implemented in accordance with applicable law and is therefore compliant with data protection law. We will update this Privacy Policy as necessary to reflect current circumstances. If we make significant changes to this Privacy Policy, we will inform you of this in a notice on our website and provide you with the updated version of the privacy policy.
Data protection on our website
Our website does not use cookies or tracking technologies. No personal data is being collected by us.