Data protection declaration according to the GDPR (General Data Protection Regulation)
I. Name and address of the responsible person
The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other provisions of data protection law is:
Ostriga Wirths and Vorwerk patent attorneys PartGmbB
42283 Wuppertal, Germany
Telefon: +49 202 75 88 73 0
Telefax: +49 202 75 88 73 110
II. Name and address of the Data Protection Officer
The Data Protection Officer of the responsible person is:
Bohnen IT GmbH
Hastener Strasse 2
42349 Wuppertal, Germany
Tel.: +49 (202) 24755 – 24
General information on data processing
1. Scope of the processing of personal data
We collect and use the personal data of our users only to the extent necessary to provide a functional website and our content and services. The collection and use of personal data of our users will only take place with the user’s consent. An exception will apply in cases in which it is not possible to obtain prior consent and in which the processing of the data is permitted by statutory provisions.
2. Legal basis for the processing of personal data
Insofar as we will obtain the consent of the persons concerned with respect to the processing of personal data, Art. 6 Para. 1 lit. a EU Data Protection Basic Regulation (GDPR) will serve as the legal basis.
Art. 6 para. 1 lit. b GDPR will serve as the legal basis for the processing of personal data required for the performance of a contract to which the contracting party is the person concerned. This will also apply to processing operations that are necessary to carry out pre-contractual measures.
If the processing of personal data is necessary to fulfil a legal obligation to which our company is subjected, Art. 6 para. 1 lit. c GDPR will serve as the legal basis.
In the event that vital interests of the person concerned or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d GDPR will serve as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR will serve as the legal basis for the processing.
3. Data deletion and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person concerned is subjected. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.
III. Provision of the website and creation of log files
1. Description and extent of the data processing
Each time you access our website, our system will automatically collect data and information from the computer system of the accessing computer.
The following data will be collected:
Information with respect to the type of browser and the version used
The user’s operating system
The user’s Internet service provider
Host name of the accessing computer
Date and time of the access
Websites from which the user’s system accesses our website
Websites accessed by the user’s system through our website
The data will also be stored in the log files of our system. This data will not be stored together with other personal data of the user.
2. Legal basis for the data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.
3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.
The data is stored in log files in order to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes will not take place in this context.
These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR.
4. Duration of the storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it has been collected. In the case of the collection of data to provide the website, this will be the case when the session concerned has ended.
If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case, the IP addresses of the users will be deleted or alienated, so that an assignment of the calling client is no longer possible.
5. Possibility of opposition and removal
The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.
IV. Google Analytics
- Description and extent of the data processing
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States.
We have activated the IP anonymization function on this website. This will cause Google to shorten the IP address within member states of the European Union or other signatory states to the Agreement on the European Economic Area before it is transmitted to the United States. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.
Demographic characteristics of Google Analytics
This website uses the function “demographic features” of Google Analytics. This allows reports to be generated that contain information about the age, gender and interests of site visitors. This data comes from interest-related advertising by Google and visitor data from third parties. This information cannot be associated with any specific individual. You may deactivate this function at any time via the ad settings in your Google Account or generally prohibit Google Analytics from collecting your data as described under “Objection to data collection”.
- Legal basis of the data processing
Google Analytics cookies are stored on the basis of Art. 6 para. 1 lit. f GDPR.
- Purpose of the data processing
The website operator has a legitimate interest in analysing user behaviour in order to optimise both his website and his advertising.
- Duration of the data storage
By default, Google will delete data once a month after 26 months.
- Possibility of opposition and removal
You can prevent Google Analytics from collecting your data by clicking on the following link:
V. Rights of the persons concerned
If personal data is processed by you, you are the person concerned within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the person responsible:
1. Right to information
You may request confirmation from the person responsible as to whether personal data relating to you will be processed by us.
In the event of such processing, you may request the following information from the data controller:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;
(4) the planned duration of storage of the personal data relating to you or, if this is not possible, criteria for determining the duration of storage;
(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.
2. Entitlement to correction
You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification immediately.
3. Right to limit the processing
Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time which enables the person responsible to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been established whether the legitimate reasons of the data controller outweigh your reasons.
Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.
If the processing restriction has been restricted in accordance with the above conditions, you will be informed by the responsible person before the restriction is lifted.
4. Right to deletion
a) Duty to deletion
You may request the responsible person to delete the personal data concerning you immediately and the responsible person is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data relating to you is no longer necessary for the purposes for which it has been collected or otherwise processed.
(2) You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR was based and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the responsible person is subjected.
(6) The personal data relating to you has been collected in relation to information society services offer pursuant to Art. 8 para. 1 GDPR.
b) Information to third parties
If the responsible person has made your personal data public and is obliged to delete the data in accordance with Art. 17 (1) GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.
The right to deletion does not exist if the processing is necessary.
(1) the exercise of freedom of expression and information;
(2) to fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which the responsible person is subject or to carry out a task in the public interest or in the exercise of official authority vested in the responsible person;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to in Section a) presumably makes the attainment of the objectives of such processing impossible or seriously impairs them, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort.
They shall have the right vis-à-vis the responsible person to be informed of such recipients.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate this data to another responsible person without being hindered by the responsible person to whom the personal data was provided, provided that
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to appeal
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The controller will no longer process the personal data relating to you unless he can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling to the extent that it is connected with such direct advertising.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right of objection in relation to the use of Information Society services – notwithstanding Directive 2002/58/EC – by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.
9. Automated decision in individual cases including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) is authorised by legislation of the Union or of the Member States to which the person responsible is subject and contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data under Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms and your legitimate interests, including at least the right of the controller to obtain the intervention of a person, to present his or her point of view and to contest the decision.
10. Right to appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the GDPR.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
The supervisory authority in charge of Ostriga Wirths and Vorwerk patent attorneys PartGmbB is the:
State Commissioner for Data Protection and Freedom of Information
Postfach 20 04 44
P.O. Box 20 04 44
GDPR = General Data Protection Regulation