Disclaimer/Privacy Policy

Disclaimer

The information on this Website is provided by KWR Karasek Wietrzyk Rechtsanwälte GmbH for general information purposes only and is not intended to create any kind of mandate agreement, in particular not an attorney-client relationship. 

KWR, as the operator of this website, strives to verify the published information accurately and undertake best efforts to maintain the information relevant, unmitigated and correct. Nevertheless KWR does not accept and assume any liability whatsoever for damage that may result from the use (or disuse) of the information provided on this website.

We use and provide links from our Website to external websites, which are controlled by third parties beyond our influence. The same applies to external websites, which refer to our Website via Hyperlinks. The limitation of liability according to § 17 of the Austrian E-Commerce Act (ECG) applies. 

 

Data protection information according to Art 13 General Data Protection Regulation  (GDPR)

The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the applicable legal provisions, namely the National Data Protection Act (DSG), the European General Data Protection Regulation  (GDPR) and Telekommunikationsgesetz 2003 (TKG 2003). 

In the following data protection declaration we inform you about the most important aspects of data processing in connection with 

(a) the initiation of an attorney-client relationship and an existing attorney-client relationship (hereinafter "attorney-client relationship")
(b) the use/visit of our website
(c) KWR marketing activities
(d) application procedure

 

Content overview:

  1. How to reach us
  2. Personal Data
  3. Purposes of Data Processing
  4. Legal Basis of Data Processing
  5. Recipient of the Data
  6. Transmission of Data to a Third Country 
  7. Duration of Data Storage
  8. Your rights
  9. Social Plugins
  10. Links to Other Websites 
  11. Web Server Logs 
  12. Web Analysis 
  13. Newsletter
  14. Data Security and Cyber Security
  15. Changes to the Data Protection Declaration

1. How to reach us

KWR Karasek Wietrzyk Rechtsanwälte GmbH, Fleischmarkt 1/3rd floor, 1010 Vienna

T +43 1 24500, e-mail: dataprotection@remove-this.kwr.at (hereinafter "KWR") 

2. Personal Data

Personal data in the sense of data protection law are all data that contain information about personal or factual circumstances, such as name, address, e-mail address, telephone number, date of birth, age, gender, social security number, video recordings, photos and voice recordings of persons. Sensitive data, such as health data or data in connection with criminal proceedings, may also be included.

 

3. Purposes of Data Processing

Your data will be processed by us for the following purposes: 

(a) Processing and transmission of personal data in the context of the attorney-client relationship and pre-contractual activity concerning (potential) clients, opponents and other parties to the proceedings, courts, authorities and suppliers
(b) Operation and optimisation of our website
(c) KWR marketing: sending alerts and information on current legal innovations and developments, specialist articles by KWR experts, invitations to KWR events and free KWR seminars as well as organising these events, sending of event-related KWR congratulations
(d) Evaluation of the professional and personal skills of applicants and the filling of vacant positions

 

4. Legal Basis of Data Processing

The data processing concerning point (a) within the scope of the legal activity is carried out on the legal basis of the fulfilment of the contract and/or pre-contractual measures with the respective (potential) clients pursuant to Art 6 para 1 lit b GDPR, the legal basis of consent pursuant to Art 6 para 1 lit a GDPR and Art 9 para 2 lit a GDPR, the legal basis of processing based on a legal obligation pursuant to Art 6 para 1 lit c GDPR and the legal basis of performing a task in the public interest pursuant to Art 6 para 1 lit e GDPR, namely registering data with Statistik Austria AG, and asserting, exercising and defending legal claims pursuant to Art 9 para 2 lit f GDPR. The processing of personal data concerning judicially or administratively criminal acts or omissions, in particular also concerning the suspicion of committing criminal offences, as well as criminal convictions or preventive measures, is carried out in accordance with Art 10 GDPR and Art 4 Paragraph 3 DSG.

If you are or want to become a client of KWR, i.e. have an existing contract or want to conclude one, you are – due to the contract with KWR – obliged to provide certain personal data, which are necessary for the execution of the mandate. Non-provision would mean that KWR would not be able to provide services.   

Data processing (b) for the operation and optimisation of our website is carried out on the basis of legitimate interests in accordance with Art 6 para 1 lit f GDPR, namely the legitimate interest of KWR in the operation and optimisation of the website and marketing, whereby with the exception of registrations for the KWR newsletter and for KWR events, the IP address is only partially recorded and therefore, no personal allocation is made during the analysis of the use of our website. (For more information on data collection and the software used, see "Web server protocols", item 11, and "Web analysis", item 12 in this data protection statement). 

Data processing (c) for KWR marketing purposes is carried out on the legal basis of the consent pursuant to Art 6 para 1 lit a GDPR and on the legal basis of the legitimate interest pursuant to Art 6 para 1 lit f GDPR, namely the interest of KWR in marketing activities and the provision of information on legally relevant innovations. 

Data processing (d) in the context of application procedures is based on the legal basis of consent pursuant to Art 6 para 1 lit a GDPR, the pre-contractual measures pursuant to Art 6 para 1 lit b GDPR and the legal basis of legitimate interest pursuant to Art 6 para 1 lit f GDPR, namely the interest of assessing the suitability for the specific position in the company.

 

5. Recipient of the Data

The personal data will be passed on to the following persons:

(a) In the context of legal work: clients, opponents, third parties involved in legal services (e.g. notaries, substitutes), courts and authorities including tax offices, bar association, insurance companies, banks, tax consultants and auditing companies as well as regional health insurance funds.
(b) Operation and optimisation of our website: Web hosting at AG Media GmbH, Halbgasse 25/3-4, 1070 Vienna, http://www.agmedia.at/, with the data center in Vienna.
(c) KWR-Marketing: Eyepin GmbH, Billrothstraße 52, 1190 Vienna, https://www.eyepin.com/, whereby the data center is located in Vienna.
(d) IT92 IT Beratung und Vertrieb GmbH, 1030 Vienna, Rochusgasse 11/5, www.it92.at, will act as IT service provider for KWR within the scope of data processing a) legal activity operation, b) and optimization of our website and c) KWR marketing and d) application procedure and has access to personal data within the scope of IT services. 

In addition, KWR undertakes not to pass on your personal data to third parties, unless the law firm is legally or according to a judicial decision obliged to do so.

 

6. Transmission of Data to a Third Country 

In the context of the client relationship and pre-contractual activity (potential clients), it may be necessary for personal data to be passed on to other companies outside Austria and outside the European Economic Area. Some of these countries have a lower level of data protection than the European Union. 

When KWR transmits personal data, appropriate guarantees are provided for the transmission of the data in order to ensure adequate protection. It is possible to obtain a copy of the security measures from the attorney in charge.

7. Duration of Data Storage

Personal data that we process are only stored until the purpose for which they are processed has been fulfilled. Criteria for storage are: 

(a) In the context of legal work: As far as corporate and tax retention periods have to be observed, the duration of the storage of certain data can be up to seven years. Further criteria for retention are obligations under professional ethics, the fulfilment of obligations of proof in connection with money laundering prevention and terrorist financing and the duration of the limitation period for legal claims (may be up to 40 years, depending on the legal basis).
(b) Operation and optimisation of our website: No personal data is stored for visitor statistics. Only when registering for KWR events and the newsletter, personal data are processed (for the duration of storage, please see point 7.c. below).
(c) KWR-Marketing: Until receipt of a revocation of the given consent.  
(d) Application procedure: The data will be stored up to 7 months after the end of the application process if no contractual relationship is established. In the event that consent is given for keeping records, the data will be stored until revocation of the given consent is received.

 

8. Your rights

As a person affected by data processing within the meaning of data protection law, you have the following rights in particular:

right of access to your processed personal data;
right to rectification, deletion or restriction of processing;
right of objection to the processing;
right to data transferability. 

If there are any changes to your personal data, please let us know. If you believe that the processing of your data violates data protection law or your data protection claims have been violated in any way, you can complain to the data protection authority.

If data processing is based on your consent, you can revoke your consent to data processing at any time in writing (e-mail is sufficient) to dataprotection@remove-this.kwr.at. A revocation does not affect the legality of the processing carried out on the basis of the consent until the revocation.

9. Social Plugins

The website contains social plugins ("plugins") from the following social networks: 

LinkedIn Ireland Unlimited Company, Attn: Legal Dept. (Privacy Policy and User Agreement) Wilton Plaza Wilton Place, Dublin 2 Ireland. https://www.linkedin.com/help/linkedin/answer/79728?lang=en 

Xing XING SE, Dammtorstrasse 30, 20354 Hamburg, Germany https://www.xing.com/imprint 

When you visit a website containingsuch a plugin, your browser establishes a direct connection to the LinkedIn and Xing servers. The content of the plugin is transferred directly from the respective provider to your browser and integrated into the website. By integrating the plugins, the providers receive the information that you have called up the corresponding website of our Internet presence, even if you do not have a profile of the respective social networks or are not currently logged in with your profile.

If you are logged in to one of the social networks, the provider can assign the visit to our website to your profile on the respective social networks. When interacting with the plugins, e.g. by clicking the " like" button, the corresponding information is also transmitted directly to a server of the providers of the social networks and stored there. In addition, the information is published on your account on the social network and displayed there in your contacts.

10. Links to Other Websites 

Our website also contains links to other websites. However, the privacy policy described here does not apply to these websites. We therefore ask you to visit these websites directly in order to obtain the data protection information for the respective websites there. KWR cannot be held liable for any actions taken by these websites or for their content.

 

11. Web Server Logs 

The web server only stores anonymous data unless you register for the KWR newsletter or for KWR events (such as KWR seminars) via our website. In this case, the personal data you have entered as well as your IP address and user agent will be stored. 

We store the anonymised data for technical reasons as well as for statistical evaluation and analysis of the use of our website in order to optimise our website.  

Further information on the storage of personal data in the context of KWR marketing can be found in this data protection declaration under point 13 "Newsletter", .

 

12. Web Analysis 

Our website uses functions of the web analysis service of AG Media GmbH, Halbgasse 25/3-4, 1070 Vienna, http://www.agmedia.at/. The data stored in this way is processed in the computer centre of AG Media GmbH in Vienna and no data is transmitted to a third country. 

Cookies are used in the context of web analysis to enable an analysis of the use of the website by its users. These are small text files that are stored on your device using the browser. They are not doing any damage. The following data is recorded: browser type and version; operating system; the website from which you are visiting us (referrer URL); pages and files that you access on our website; if applicable, the website that you visit after ours (when clicking on an external link on our website); date and time, the IP address, anonymised in abbreviated form. Your IP address is not recorded on a personal basis, but is made anonymous so that only a country-specific assignment is possible. Some cookies remain stored on your device until you delete them. They enable us to recognise your browser the next time you visit us. You can prevent this by setting your browser accordingly so that no cookies are stored. When cookies are deactivated, the functionality of our website may be limited.

 

13. Newsletter

You have the possibility to subscribe to our newsletter via our website and thus receive electronic news about legal topics and events. 

To do this, you must first provide us with your personal data and agree to the use of this data. 

You can cancel your subscription to the newsletter at any time via the link contained in the newsletter or by e-mail to dataprotection@remove-this.kwr.at You will then be unsubscribed from receiving the newsletter and your data will be deleted afterwards. 

 

14. Data Security and Cyber Security 

Your personal data is protected by appropriate organisational and technical precautions. Your data will be hosted at providers located in Austria. Both, KWR and the providers use technical and organisational security measures to protect your collected data against manipulation, loss, destruction or against access by unauthorised persons. Notwithstanding efforts to maintain a consistently high level of due diligence, the possibility cannot be excluded that information that you provide to us via the Internet may be viewed and used by others. 

Please note that we therefore, accept no liability whatsoever for the disclosure of information due to errors in data transmission and/or unauthorised access by third parties not caused by us (e.g. hacking of e-mail accounts or telephone, interception of faxes).

 

15. Changes to the Data Protection Declaration

In the course of ongoing further development, this data protection declaration will continue to be adapted. Changes will be announced on our website in good time. Therefore, you should regularly access this data protection declaration in order to inform yourself about the current version.