Data Protection Declaration
Thank you for your interest in our law firm. We take the protection of your data very seriously. We therefore refrain as far as possible from collecting personal data in connection with a visit to our website.
The use of our website and its sub-pages is therefore possible without providing personal data. However, if special services of tradeo LLP (hereinafter referred to as “tradeo”) are used via our website, the processing of personal data of the user may become necessary. If the processing of personal data is necessary but not permitted by law, we generally obtain the prior consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the requirements of the General Data Protection Regulation (hereinafter “GDPR”) and in accordance with the applicable country-specific data protection regulations.
By means of this data protection declaration, tradeo would like to inform about the type, scope and purpose of the processing of personal data in connection with this website and about the rights to which you, as the data subject, are entitled.
tradeo has the right to protect the data of website users as well as possible through suitable technical and organisational security measures. Personal data is treated confidentially and protected against unauthorised or unintentional disclosure. It will neither be published nor passed on to third parties without express prior consent.
Please note that this data protection declaration only provides information regarding the use of this website and the contact options offered theron. Mandate-related information is subject to separate legal and contractual regulations, about which we will of course inform you separately.
1. Name and address of the Controller
2. Creation of log files
Each time this website is accessed, tradeo uses an automated system to collect data and information from the accessing computer. These are stored in the log files of the server delivering the website.
The following data can be collected:
• IP address of the accessing computer
• Date and time of access
• Date, URL and data volume of the accessed data
• Identification data of the internet browser and the operating system of the accessing computer
• Website from which access or forwarding to this website took place (referrer)
• Name of the user’s internet provider.
The so-called IP address is transmitted for protocol reasons with each server request, so that the server can transmit the website to the requesting computer. Every internet user is assigned an IP address by his Internet Service Provider (ISP) as soon as he connects to the Internet. The ISP can typically trace which IP address was assigned to which of his customers at what time. As long as the IP address is stored by tradeo, the identity of the subscriber can theoretically be determined by the detour of a request to the ISP.
The delivering web server records the IP address only temporarily for the processing of the respective user session. In addition, the IP address is recorded in a log file for a limited period of time in order to enable troubleshooting and if necessary, detection and defence of attacks on our website. Art 6 (1) (f) GDPR is the legal basis for the temporary storage of data and log files.
The processing of the data serves to deliver the contents of the website, to guarantee the functionality of our information technology systems and to optimise the website. The data of the log files is always stored separately from other personal data. An evaluation of personal data for marketing purposes does not take place in this context.
In pursuing the aforementioned objectives tradeo’s legitimate interest in data processing also lies in pursuant to art 6 (1) (f) GDPR.
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible in exceptional cases, e.g. for the purpose of a forensic examination. In this case, the IP addresses of the users are deleted or alienated as far as possible, so that an assignment of the calling user is no longer possible.
The collection of data for the provision of the website and the storage of data in log files is essential for the secure and data protection compliant operation of the website. There is consequently no opportunity to object on the part of the user.
Information is stored in the cookie that results in each case in a connection with the specifically used terminal device. However, this does not mean that we gain direct knowledge of the user’s identity.
The data processed by cookies is required for the aforementioned purposes in order to protect our legitimate interests and those of third parties pursuant to Art 6 (1) (f) GDPR.
Most browsers accept cookies automatically. However, users can configure the browser used so that no cookies are stored on the device used or always a hint appears before a new cookie is created. However, disabling cookies completely may mean that not all features of our website can be used.
4. Contacting us by email
Our website contains email addresses that can be used for electronic contact. If the user contacts tradeo in this way, the personal data transmitted by the user will be stored automatically. This always includes the e-mail address and the header information set by the e-mail servers involved. The user can optionally enter further data.
The storage serves only for the purposes of the treatment or the establishment of contact to the user. The data will not be passed on to third parties.
The legal basis for the processing of the data transmitted in the course of sending an email is Art 6 (1) (f) GDPR. If the e-mail contact aims to conclude a contract, then legal basis for the processing is Art 6 (1) (b) GDPR.
In the case of contacting us by e-mail the necessary legitimate interest lies in the processing of the data for handling the communication.
The data is generally blocked as soon as it is no longer necessary to achieve the purpose of its collection. For the personal data sent by email, this is the case when the conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified. As a rule, final deletion takes place only after expiry of statutory retention or statute of limitations period.
5. Routine deletion and blocking of personal data
In general, tradeo will only process and store personal data of user for as long as this is necessary to achieve the storage purpose. Furthermore data may be stored insofar as this has been provided for by the European or National legislator in EU regulations, laws or other provisions to which tradeo is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
As soon as the storage purpose ceases to apply or a storage period prescribed by the aforementioned regulations expires, the personal data is routinely blocked or deleted.
6. Rights of the affected user
If the user's personal data are processed, the user is a data subject within the meaning of the GDPR and has the following rights vis-à-vis tradeo:
6.1 Right to information
The user may request tradeo to confirm if personal data relating to him/her is processed by us.
If so, the tradeo user may request disclosure of the following information:
a. The purposes, for which the personal data are processed;
b. The categories of personal data that are processed;
c. The recipients or categories of recipients to whom the user's personal data user have been or will be disclosed;
d. The planned storage duration of the user's personal data or, if specific information is not available, criteria for determining the storage duration;
e. The existence of a right to correct or delete the user's personal data, a right to restrict processing by the controller or a right to object to such processing;
f. The existence of a right of appeal to a supervisory authority;
g. Any available information about the origin of the data, if the personal data are not collected from the user;
h. The existence of automated decision-making, including profiling pursuant to Art. 22 (1) and (4) GDPR and - at least in such cases - meaningful information about the logic involved and the scope and intended impact of such processing on the user.
The user has the right to request information as to whether the user's personal data are transmitted to a third country or to an international organization. The user may in this context request to be notified about the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.
6.2 Right to correction
The user has the right to rectification and/or completion vis-à-vis tradeo if his/her processed personal data are incorrect or incomplete. tradeo shall implement such correction without delay.
6.3 Right to restriction of processing
The user may request the restriction of the processing of his/her personal data under the following conditions:
a. If the user denies the accuracy of his/her personal information for a period that enables tradeo to verify the accuracy of the personal data;
b. the processing is unlawful and the user rejects deletion of the personal data and instead requests the restriction of the use of the personal data;
c. tradeo no longer requires the personal data for processing purposes, but the user requires them for asserting, exercising or defending legal claims, or
d. if the user has objected to the processing pursuant to Art. 21 (1) GDPR and it has yet to be determined if tradeo's legitimate reasons outweigh the user's reasons.
If the processing of the user's personal data was restricted, such data may be used only - apart from storing them - with the user's consent or to assert, exercise or defend legal claims or to protect the rights of another individual or entity or for reasons of substantial public interest to the Union or of a Member State.
If the processing was restricted in accordance with the aforementioned requirements, the user will be notified by tradeo before the restriction is lifted.
6.4 Right to deletion
6.4.1. Obligation to delete
Any user may request that tradeo delete his/her personal data without delay and tradeo is obliged to delete such data without delay if any of the following reasons apply:
a. The user's personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. The user revokes his/her consent, which was the basis for processing pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for processing.
c. You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding justifiable reasons for processing, or the user objects to processing pursuant to Art. 21 (2) GDPR.
d. The user's personal data were processed unlawfully.
e. The deletion of the user's personal data is necessary to meet a legal obligation under Union law or the law of the Member States governing tradeo.
f. The user's personal data were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
6.4.2. Information for third parties
If tradeo has made the user's personal data public and if tradeo is required to deleted them pursuant to Art. 17 (1) GDPR, tradeo will take appropriate measures, including technical measures, taking into account available technology and the costs of implementation, to notify controllers processing the personal data that the user as data subject has requested that tradeo deletes all links to such personal data or copies or replications of such personal data.
The right to deletion does not exist if the processing is necessary
a. to exercise the freedom of expression and information;
b. to meet a legal obligation requiring processing under the laws of the Union or of the Member States governing tradeo or to perform a task of public interest or in the exercise of public authority delegated to tradeo;
c. for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
d. for archival purposes of public interest, scientific or for historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, to the extent that the law referred to in paragraph 1 is likely to render realization of the objectives of such processing impossible or seriously affects it; or
e. to assert, exercise or defend legal claims.
6.5 Right to information
If the user has asserted the right of correction, deletion or restriction of processing to tradeo, tradeo is obliged to notify all recipients who have been disclosed the user's personal data of such correction or deletion of this proves to be impossible or associated with unreasonable effort.
The user is entitled vis-à-vis tradeo to be informed about these recipients.
6.6 Right to data portability
The user has the right to receive the user's personal data supplied by tradeo in a structured, common and machine-readable format. Moreover, the user has the right to transmit such data to another controller without any obstruction by tradeo, whom the personal data has been furnished, provided that
a. the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR, and
b. the processing is done using automated procedures.
In exercising this right, the user furthermore has the right to effect that the user's personal data are transmitted directly from one controller to another controller if this is technically feasible. Freedoms and rights of other persons must not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on tradeo.
6.7 Right to object
You have the right at any time, for reasons that arise from the user's particular situation, to object to the processing of the user's personal data based on Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions.
tradeo no longer processes the user's personal data, unless tradeo can prove compelling legitimate reasons for the processing, outweighing the user's interests, rights and freedoms or the processing serves the assertion, exercise or defense of legal claims.
If the user's personal data are processed in order to engage in direct marketing, the user has the right at any time to object to the processing of the user's personal data for the purpose of such marketing; this also applies to profiling insofar as it is associated with such direct marketing.
If the user objects to the processing for direct marketing purposes, the user's personal data will no longer be processed for such purposes.
The user has the option to exercise the right of objection in connection with the use of information society services - notwithstanding Directive 2002/58/EC- by means of automated procedures.
6.8 Right to revoke the data protection consent declaration
The user has the right to revoke his/her data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
6.9 Automated decision on an individual basis including profiling
The user has the right not to be subject to a decision based solely on automated processing - including profiling - that significantly affects him/her. This does not apply if the decision
a. is required for conclusion or performance of a contract between the user and tradeo,
b. is permitted under Union or Member State legislation governing tradeo and if such legislation contains reasonable measures to safeguard the user's rights and freedoms and the legitimate interests of the user, or
c. is done with the user's explicit consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) apply and reasonable measures have been taken to protect the rights and freedoms and the user's legitimate interests.
Regarding the cases specified in a. and c., tradeo will take reasonable steps to safeguard the user's rights, freedoms and legitimate interests, including, but not limited to, the right of effect someone to intervene on the part of tradeo, to state his/her own position and to contest the decision.
6.10 Right to complain to a supervisory authority
Notwithstanding any other administrative or judicial remedy, the user has the right to complain to a supervisory authority, in particular in the Member State of his/her residence, place of work or place of alleged infringement if the user believes that the processing of the user's personal data is in breach of the GDPR.
The supervisory authority where the complaint was filed notifies the complainant of status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
7. Legal basis of processing in general
Insofar as tradeo obtains the user's consent for processing of personal data, Art. 6 (1) (a) of the General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
Article 6 (1) (b) GDPR serves as the legal basis when the processing personal data that are required to fulfill a contract where the user is a party. This also applies to processing operations required to carry out pre-contractual actions.
To the extent that personal data need to be processed to fulfill a legal obligation of tradeo, Art. 6 (1) (c) GDPR serves as the legal basis.
In the event that vital interests of the user or another individual require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
If the processing is necessary to safeguard the legitimate interests of tradeo or of a third party and if the user's interests, fundamental rights and fundamental freedoms do not outweigh the former interest, Art. 6 (1) (f) GDPR serves as legal basis for processing. tradeo's legitimate interest lies in conducting tradeo's business.
tradeo reserves the right to amend this Data Protection Declaration at any time.
Last updated: May 2018