I. Protecting your privacy is important to us
Haslinger / Nagele Rechtsanwälte GmbH (“we”, “us”, “our”) are committed to respecting and protecting your privacy. We will ensure we treat your personal data with the utmost care and protect them against any misuse. In addition, professional codes of practice impose very special, legally protected confidentiality obligations on us.
II. Data controller
We will collect, process and use personal data in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (Datenschutzgesetz) solely in the course of running our business as a service provider. In compliance with the GDPR we would like to give you the following information.
Name and contact details of the data controller:
Haslinger / Nagele Rechtsanwälte GmbH (“we”, “us”, “our”, “controller”), a limited liability company with its registered office at Roseggerstrasse 58, 4020 Linz, Austria
Phone: +43 732 784331
Fax: +43 732 774331
III. Purpose of prcessing, legal bases and the rights of the data controller
Personal data will be processed in particular for the purpose of performing a contract with the data subject or with a business that is represented by the data subject (client / attorney relationship), or in order to take steps at the request of the data subject prior to entering into a contract (Art 6 No 1 point b GDPR), or where processing is necessary for compliance with a legal obligation which the controller is subject to (Art 6 No 1 point c GDPR), or where the processing is necessary in order to protect the legitimate interests pursued by the controller or by a third party, including the establishment, exercise or defence of legal claims of the controller or third party (Art 6 No 1 point f GDPR). Once we have obtained the data subject’s express/explicit consent, we will process data on the legal basis of Art 6 no 1 point a GDPR for the purpose of managing client relationships, files, suppliers and job applications.
To the extent that data processing is based on Art 6 No 1 point f GDPR, our legitimate interests will include promotion of our services and direct marketing.
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V. Potential recipients of personal data
Under Art 13 No 1 point e GDPR recipients or categories of recipients include the following:
- our data processors
- courts, tribunals, government agencies, regulatory authorities, law enforcement agencies
- opposing parties and their counsel in the course of legal disputes with the data subject
- expert witnesses
- other prodessional advisers and cooperation partners (e.g., correspondent attorneys, credit card providers, financial institutions)
- tax advisers
- auditors in order to comply with accounting obligations
VI. Storage and retention of personal data
Personal data will be stored for as long as it takes to
- perform and complete our contractual obligations to the data subjects
- comply with legal obligations we are subjects (e.g., 7-year storage periods under the Austrian Commercial Code (UGB) and Federal Tax Code (BAO)
- establish, exercise or defend legal claims, or
where we have obtained the data subject’s express consent (particularly in the context of electronic correspondence), until such consent is withdrawn.
VII. Rights of data subjects
Under the GDPR, data subjects shall have the following rights, subject to exceptions as set forth in the respective provisions:
- right of access (Art 15 GDPR),
- right to rectification (Art 16 GDPR),
- right to erasure (“right to be forgotten”) (Art 17 GDPR),
- right to restriction of processing (Art 18 GDPR),
- right to object (Art 21 GDPR),
- right to data portability (Art 20 GDPR),
- right to lodge a complaint with a supervisory authority (Art 77 GDPR), i.e., the Austrian Data Protection Agency
- right to withdraw their consent to data processing (Art 7 No 3 GDPR), effective in the future
VIII. Obligation to provide personal data
The provision of personal data is required by law or based on a contractual obligation. As a consequence, the data subject is obliged to provide us with his or her personal data, and any refusal to do so would result in the rejection or termination of our business relationship.
IX. Collection of personal data
If we do not collect personal data from the data subject him- or herself, we may collect the following categories of personal data from publicly accessible sources (e.g., Land Register, Commercial Register, Edicts Database, Central Register of Residents):
– data from the Commercial Register
– data on creditworthiness including payment behavior (e.g., from credit scoring and information agencies)
– insolvency data
– data on registration of residence
– search engines, social networks, websites
X. Right of objection and direct marketing
More information on the right to object to processing of personal data according to Art 21 GDPR in connection with direct marketing:
If personal data is processed according to Art 21 No 2 GDPR, the data subject shall have the right to object at any time to the processing of his or her personal data. In the case of objection, the personal data processed for direct marketing purposes will no longer be processed.