(Version as of November 2020)
1. Personal data
We, Lugger | Bankler Attorneys at Law, will collect, process and use your personal data only upon your consent and/or instruction or appointment for the purposes agreed with you or where there is any other legal basis as per Regulation (EU) 2016/679 (General Data Protection Regulation/GDPR); this will be done in compliance with data protection and civil law provisions.
Only personal data that is required for rendering and handling our legal services or which you provide to us on a voluntary basis will be collected.
Personal data means all data including details regarding personal or factual circumstances, such as, for example, name, address, email address, phone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings of persons, and biometric data, such as fingerprints. Personal data may also include sensitive data, such as health data or data related to criminal proceedings.
2. Access and erasure
In compliance with our professional duty as a lawyer to maintain secrecy, you as our client or as a data subject in general have a right of access to your stored personal data, its source and recipient and the purpose of data processing as well as a right to rectification, a right to data portability, a right to object, a right to restriction of processing and blocking or erasure of inaccurate or inadmissibly processed data at any time.
In the case of changes of your personal data please inform us accordingly.
You may withdraw your consent to the use of your personal data at any time. Your request for access, erasure, rectification, objection and/or data portability (with respect to data portability if this does not cause unreasonable efforts) may be sent to this law firm's address stated in Clause 11 of this Statement.
If you are of the opinion that the processing of your personal data by us infringes applicable data protection law or that your claims under data protection law have been infringed in any other way, you may lodge a complaint with the competent supervisory authority. In Austria the competent authority is the Austrian Data Protection Authority [Datenschutzbehörde].
3. Data security
Your personal data is protected through appropriate technical and organisational measures. Those measures include but are not limited to protection against unauthorised, unlawful or accidental access, processing, loss, use and manipulation.
Irrespective of our efforts to observe an appropriately high standard of due diligence at all times it cannot be excluded that information which you have provided to us via the internet will be consulted and used by other persons.
Please note that we, therefore, assume no liability whatsoever for disclosure of information due to errors in data transfers that were not caused by us and/or unauthorised access by third parties (e.g. hacker attack on email account or phone, interception of fax messages).
4. Use of data
We will not use any data provided to us for purposes other than the purposes covered by the Mandate Agreement/Power of Attorney or your consent or otherwise by any provision in conformity with the GDPR. This does not apply to use of data for statistical purposes, provided that the data provided has been anonymised.
5. Transfer of data to third parties
It may be necessary to transfer your data to third parties (e.g. counterparty, substitutes, insurance companies, service providers whom we engage and to whom we provide data, etc.) courts or public authorities to fulfil your instructions. Your data will be forwarded exclusively on the basis of the GDPR, in particular to fulfil your instruction or on the basis of your prior consent.
Moreover, we would like to inform you that in connection with our acting as legal counsel for you third parties usually also obtain factual and case-related information concerning you.
Some of the recipients of your personal data stated above are located or process your personal data outside your country. The data protection standard in other countries may not be the same as in Austria. However, we transfer your personal data only to countries for which the European Commission has decided that they offer an adequate level of data protection; if this is not the case, we take measures to ensure that all recipients offer an adequate level of data protection, for which purpose we conclude standard contractual clauses (2010/87/EU and/or 2004/915/EC). Otherwise the transfer of your personal data to other countries will only occur with your permission.
6. Disclosure of data breach
We try to ensure that data breach is observed at an early stage and that -where required- data breach is immediately notified to you or to the competent supervisory authority, including the category of data that are involved.
7. Retention of data
We will not retain data longer than necessary to fulfil our contractual and/or legal obligations and to defend us against any liability claims that may arise.
8. Cookies, Google Analytics und Google Maps
Our website uses so-called cookies. These are small files that are stored on your end device. They do not cause any damage and are used to optimize security and user-friendliness within your browser. Some of these cookies remain stored on your end device until they are deleted. They enable us to recognize your browser on the next visit to our website. Cookies help us to establish the frequency of use and the number of users who visit our website. The content of the cookies we use is confined to an identification number and does not allow us to personally identify a user. The main purpose of cookies is to recognise the user of a website.
On your first visit to our website you can give your consent to different categories of cookies in the pop-up menu. You are able to change these data protection settings at any time.
Our website uses two types of cookies:
Strictly Necessary (Essential) Cookies
These cookies are technically required to operate our website and offer the functionality and services you require. They serve to save language and cookie options so that you are not required to enter these options every other click on our website. The pertaining data processing is based on our legitimate interest to optimize user-friendliness and usability.
Not Strictly Necessary Cookies (Marketing/Analysis and Third Party Content)
These cookies for data processing require your explicit consent. If you do not agree to them the functionality of the website is otherwise not affected.
The data processing is based on your consent and our legitimate interest. This includes the interest in the analysis, optimisation and economic operation of our online offer.
You can also adjust the settings on your browser (i) to activate functionality which notifies you on the setting of cookies and to allow cookies only in a particular case, (ii) you may disable cookies for certain cases or in general, and (iii) you can also activate functionality which will automatically delete cookies when you close your browser .
Only in exceptional cases will your full IP address be transmitted to a Google server in the United States and truncated there.
The US do not have an adequate level of data protection according to jurisprudence of the European Court of Justice. There exists the possibility that US authorities may access your data as part of their security and/or surveillance activity. US companies are not provided with the same effective legal remedies, which are provided under European data protection law. Therefore the US are considered an unsafe third country based on the current legal situation. Your consent to the transfer of your personal data to the US can be withdrawn at any time; the legitimacy of the use up to this point remains unaffected.
At the direction of the operators of this website, Google will use this information to analyse your use of the website, to compile reports on website activities and to render further services for the website operators connected with the usage of the website and the internet. The IP address transmitted by your browser via Google Analytics will not be associated by Google with other data. You may prevent storage of cookies by changing the relevant settings of your browser software. In addition, you may prevent recording of the data created by the cookie and relating to your use of the website (including your IP address) by Google, as well as Google’s processing of such data, by downloading and installing the following browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Our website uses the following cookies:
__utma 2 years
__utmb 30 min
__utmc Session (until browser is closed)
__utmt 1 10 min
__utmz 18 months
9. Server log files
For optimised system performance, user friendliness and the provision of useful in-formation on our services, the website provider automatically collects and stores so-called server log files, which your browser automatically transmits to us. This information includes your IP address, browser and language settings, operating system, referrer URL, your internet service provider, and the date/time of your visit. In case you use the contact form on our website, in addition the e-mail address of the web server, from which your message is sent, will be stored. This processing is necessary in order to restore the message in case of errors/malfunctions in course of the sending of the e-mail.
This data is not pooled with sources of personal data. We reserve the right to examine this data later on if there is solid evidence, which suggests unlawful use.
10. Contact form
In case you use the contact form on our website, we process – to the extent you filled in the description fields – the text of the message sent, the subject matter, your name, your e-mail address, time/date of sending of the message, and the e-mail address of your web server in order to respond to your request. We process such data in order to be able to fulfil our (pre)contractual obligations to you. Based on your contacting, we have a legitimate interest to communicate with you.
11. Our contact details
Protection of your data is of particular importance to us. Please do not hesitate to contact us using the contact details stated below at any time if you have any questions or if you want to withdraw your consent:
Lugger | Bankler Attorneys at Law