Rechtsanwälte, Fachanwälte und Notare


1 Data privacy statement

The purpose of this data privacy statement is to inform users of our website about the nature, scope and purpose of the collection and use of personal data by the website operator in accordance with the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). Personal data refers, for example, to the following information: Name, address, E-mail address or telephone number.

As a general rule it is possible to use the website of UP 12 Rechtsanwälte Fachanwälte Notare (http://www.up12legal.de/) without having to disclose any personal data.

However, the website operator collects data about visits to the website and saves this in the form of “server log files”. The following data is logged in this way:

  • Website visited
  • The time when the visit is made
  • The amount of data sent in bytes
  • Source/link from which you accessed the site
  • Browser used
  • Operating system used
  • IP address used

We process the aforementioned data for the following purposes:

  • To ensure a smooth connection with the website
  • To ensure that our website is convenient to use
  • Analysis of system security and stability
  • Additional administrative purposes

The legal basis for the data processing is provided by Art. 6 (1) page 1 lit. f of the GDPR. Our legitimate interest is based on the purposes of data collection listed above.

This data is not attributable directly to your specific person and is protected within the framework of the General Data Protection Regulation and in accordance with the state-specific data protection regulations applicable to lawyers, specialist lawyers and notaries. The data cannot be traced back to your specific person because the IP addresses are recorded in anonymised form. The server log files are automatically deleted each month.

We reserve the right to check the log files at a later date if there is a suspicion of the unlawful use of our website.

The processing of personal data may be necessary if you wish to make use of the services offered by our law firm. If there is no legal basis for the processing of your personal data in such a case, we will always seek your consent.

We only transfer your personal data to third parties if:

  • you have given your express consent in accordance with Art. 6 (1) page 1 lit. a of the GDPR;
  • the transfer is required in accordance with Art. 6 (1) page 1 lit. f of the GDPR to assert, exercise or defend legal claims and there is no reason to believe that there is an overriding reason warranting protection against the transfer of your data;
  • in the event that transferral in accordance with Art. 6 (1) page 1 lit. c of the GDPR is based on a legal obligation, and
  • it is legally permissible and is required in accordance with Art. 6 (1) page 1 lit. b of the GDPR for the performance of a contract with you.

By using this website, you declare that you agree to the collection, processing and use of data in accordance with our description.

2 Name and address of the controllers

The controllers within the meaning of the General Data Protection Regulation are:

1) Nickel Rechtsanwälte Partnerschaftsgesellschaft, represented by the partners of the company

UP12 Hanau
Ulanenplatz 12
63452 Hanau am Main
Tel.: +49 (0) 6181 – 2702 -0
Fax: +49 (0) 6181 – 2702 -20
E-Mail: hanau@up12legal.de
Webseite: www.up12legal.de

UP12 Frankfurt
Zeil 46
60313 Frankfurt am Main
Tel.: +49 (0) 69 – 247539 -03
Fax: +49 (0) 69 – 247539 -44
E-Mail: simon@up12legal.de
Webseite: www.up12legal.de

2) Maiss Rechtsanwälte Partnerschaftsgesellschaft, represented by the partners of the company

UP12 Frankfurt
Am Hauptbahnhof 10
60329 Frankfurt am Main
Tel.: +49 (0) – 69 299 2069 – 0
Fax: +49 (0) – 69 299 2069 – 20
E-Mail: frankfurt@up12legal.de

UP12 Darmstadt
Elisabethenstraße 35
64283 Darmstadt
Tel: +49 (0) 6151 – 95787 – 0
Fax: +49 (0) 6151 – 95787 – 20
E-Mail: darmstadt@up12legal.de

3 Name and address of the data protection officer

The data protection officer responsible for processing is:

Ms Silke Simon (Lawyer), Ulanenplatz 12, 63452 Hanau, silke.simon@up12legal.de

4 Cookies

We use cookies on our website. Cookies are small files that are created automatically by your browser and are stored on your terminal (laptop, tablet, smart phone or similar) when you visit our website. Cookies do not cause any damage to your terminal and do not contain any viruses, trojans or other malware.

The information placed in the cookie is information which is generated in connection with the specific terminal used. However, this does not mean that we obtain direct knowledge of your identity as a result. We use cookies, firstly, to make our website more convenient for you to use. We therefore use so-called session cookies in order to identify which pages of our website you have already visited. These are deleted automatically when you leave our website. We also use temporary cookies for the purpose of optimising the user-friendliness of our website, and these are stored on your terminal for a defined period of time. Secondly, we use cookies to obtain statistical information about the use of our website and to analyse the information with a view to optimising your experience with our website. These cookies enable us to recognise that you have already previously visited our website when you visit it again the next time. These cookies are deleted after a defined period of time.

The data processed by using cookies is necessary for the purposes of the legitimate interests pursued by us and by third parties in accordance with Art. 6 (1) 1 lit. f of the GDPR.

Most browsers accept cookies automatically. However, you can alter the configuration of your browser so that no cookies are stored on your computer or to have a notification displayed each time before a cookie is created. However, if you completely deactivate cookies, it is possible that you may not be able to use all our website functions.

5 Social networks

On our website we use browser plugins and links from Facebook and Twitter. These social networks such as Facebook and Twitter are operated by third parties only. Their registered offices are outside the EU or the European Economic Area. The level of data protection of these providers may therefore be below that required by the current regulations in Germany and Europe.

We therefore have no influence over the nature and scope of the data collected by the social networks from the moment you actively click on the applicable button for the plugin. To learn more about the purpose and scope of data collection, processing and the use of this data by the social network in each case, as well as all your relevant rights and the settings available for the protection of your privacy, please see the privacy policies of the respective social networks. (See below)

We have made the browser plugins from Facebook and Twitter recognisable on our website .
When you use our website, a connection between your browser and the servers of the respective networks can be established automatically depending on how you use our website. The integration of the plugins means that Facebook or Twitter are informed that your browser has called up the corresponding page of our website, even if you do not have a Facebook or Twitter account or are not currently logged in to Facebook or Twitter. This information (including your IP address) is transmitted directly by your browser to a Facebook or Twitter server in the USA, where it is stored. If you are logged in to Facebook or Twitter, your visit to our website will be assigned to your account. You can prevent this assignment from taking place if you have logged off Facebook or Twitter before visiting our website. You can prevent plugins being uploaded by installing an appropriate blocker. To learn more about the data collection guidelines of Facebook or Twitter, please see the privacy policies of each of these social networks.

Facebook: https://www.facebook.com/policy.php 
Provider: Facebook Inc., 1601 Willow Road, Nelo Park, CA 94025, USA 
Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland

Twitter: https://twitter.com/privacy?lang=de 
Provider: Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA

6 Analytical tools

a) Tracking-tools
The tracking measures described below and used by us are implemented on the basis of Art. 6 (1) page 1 lit. f of the GDPR. The tracking measures we use are intended to ensure that our website is designed to meet user requirements and is continuously optimised. In addition, we use tracking measures to obtain statistical information about the use of our website and to analyse the information with a view to optimising your experience with our website. These interests are regarded as legitimate interests within the meaning of the above regulation. The different purposes for which data processing is carried out and the different data categories are set out in the respective tracking tools.

i) Google Analytics1

We use Google Analytics, a web analytics service from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as “Google”), in order to ensure that our website is designed to meet user requirements and for the purpose of continuously optimising it. In this connection, pseudonymised usage profiles are created and cookies (see clause 4) are used. The information generated by the cookie about the way in which you use this website, such as

  • browser type/version;
  • operating system used;
  • referrer URL (the previously accessed site);
  • host name of the accessing computer (IP address);
  • time of the server query;

is transmitted to a Google server in the USA, where it is stored. The information is used to analyse how you use the website, to generate reports about your website activities and to provide other services related to the use of the website and of the internet for the purpose of market research and ensuring that the website is designed to meet user requirements. Where appropriate, this information will be transmitted to third parties if this is legally required or to the extent that third parties process this data on behalf of Google. Under no circumstances will your IP address be linked with other data stored by Google. The IP addresses are anonymised, so that identification is not possible (IP masking).

You can prevent the installation of cookies by selecting the applicable setting on the browser; however, we wish to point out that this may result in the fact that you may not be able to fully utilise all functions of this website.

In addition, you can refuse the transmission of data relating to your usage of the website (including your IP address) by the cookie and the processing of this data by Google by downloading and installing an add-on. As an alternative to a browser add-on, especially for browsers on mobile terminals, you can refuse the transmission of data by Google Analytics by clicking on this link. This installs an opt-out cookie which prevents the collection of your data when you visit this website in future. The opt-out cookie only applies in this browser and only for our website and is placed on your device. If you delete the cookies in this browser, you will have to install the opt-out cookie again.

For further information about data protection in relation to Google Analytics, please refer to Google Analytics Help.

ii) Google Adwords Conversion Tracking

To obtain statistical information about the use of our website and to analyse the information with a view to optimising your experience with our website, we also use Google Conversion Tracking. In this case Google Adwords places a cookie (see clause 4) on your computer if you have been directed to our website by a Google advert.

These cookies lose their validity after 30 days and are not used for personal identification purposes. If this cookie has not yet expired when the user visits certain pages of the advertiser's website, Google and the advertiser will be able to tell that the user clicked the advert and proceeded to that page.

Each Adwords customer is given a different cookie. This means that cookies cannot be tracked via the websites of Adwords customers. The information obtained with the help of the conversion cookie is used to generate conversion statistics for Adwords customers who have decided to use conversion tracking. The Adwords customers find out the total number of users who have clicked on the advert and were forwarded to a conversion tracking tag page. However, they do not obtain any information which allows the user to be personally identified.

If you do not wish to have any part in the tracking procedure, you can also refuse to allow the saving of the required cookie – simply by adjusting your browser settings to deactivate the automatic saving of cookies on a general basis. You can also deactivate cookies for conversion tracking by adjusting your browser settings so that cookies from the domain are blocked.

You will find Google’s privacy notice in relation to conversion tracking here.

7 Regular erasure and blocking of personal data

If we have collected personal data, e.g. as part of application procedures carried out by electronic means via E-mail, we assure you that such data will be blocked or erased in accordance with statutory regulations as soon as the reason for storing it ceases to apply. In this regard we comply with applicable European directives and national regulations.

In case of a contract of employment with an applicant, we shall store the transmitted data in compliance with statutory regulations. If a contract of employment is not concluded, the application documents will be deleted automatically six months after the announcement of the decision – unless there are legitimate interests against deletion, e.g. burden of proof in proceedings pursuant to the German General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz [AGG]).

8 Protection of minors

Persons under the age of 18 are urged not to submit any personal data to us without the consent of their parents or guardians. We explicitly refrain from requesting data from minors.

9 Rights of the user: Information, correction and erasure

You have the right:

  • to request information about your personal data processed by us in accordance with Art. 15 of the GDPR. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automated decision-making, including profiling and, if applicable, meaningful information on their details;
  • to immediately demand the correction or completion of your personal data stored by us in accordance with Art. 16 of the GDPR;
  • to demand the erasure of your personal data stored by us in accordance with Art. 17 of the GDPR, 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;
  • in accordance with Art. 18 of the GDPR, to demand restriction of the processing of your personal data if you dispute the accuracy of the data, if the processing is unlawful but you refuse to erase the data and we no longer need the data, but if you need it to assert, exercise or defend legal claims or if you have filed an objection to the processing in accordance with Art. 21 of the GDPR;
  • to receive your personal data, which you have provided to us, in a structured, updated and machine-readable format in accordance with Art. 20 of the GDPR or to demand their transfer to another controller;
  • to revoke your consent at any time in accordance with Art. 7 (3) of the GDPR. As a result, we are no longer allowed to continue processing data based on this consent in the future and
  • to appeal to a supervisory authority in accordance with Art. 77 of the GDPR. As a general rule you can address your appeal to the supervisory authority responsible for your normal place of residence of work or the registered office of our law firm.

10 Right to object

If your personal data are processed on the basis of legitimate interests in accordance with Art. 6 (1) page 1 lit. f of the GDPR, you have the right in accordance with Art. 21 of the GDPR to object to the processing of your personal data, on grounds relating to your particular situation or on grounds of objecting to processing for direct marketing purposes. In the latter case you have a general right to object, which we must implement without any requirement for you to state grounds relating to your particular situation.

If you wish to exercise your right of revocation or right to object, all you need to do is send an E-mail to this effect to silke.simon@up12legal.de.

11 Data security

When you visit our website, we deploy the widely used SSL system (Secure Socket Layer) in combination with the highest encryption level supported by your browser in each case. In most cases this means 256 bit encryption. If your browser does not support 256 bit encryption, we use 128 bit v3 technology instead. You can tell whether an individual page of our website can be transmitted in encrypted form by the closed key or padlock icon shown in the bottom status bar of your browser.

We also apply appropriate technical and organisational security measures in order to protect your personal data against accidental or intentional manipulation, partial or full loss and against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

12 Changes to our data privacy statement

This data privacy statement is currently valid and is the version dated May 2018.

To ensure that our data privacy statement always complies with current legal requirements, we reserve the right to amend it at any time. This also applies where the data privacy statement needs to be amended to account for new or revised services. The new data privacy statement will then apply with effect from the next time you visit our website.