Privacy Policy

General Privacy Policy

The protection of your data is very important to us. We only process data on a legally compliant basis and consider it our duty to protect your data from any misuse. We use your data only for purposes to which you have authorized us.

1. Objective and responsible body

This Privacy Policy clarifies the nature, scope and purpose of the processing (including collection, processing, use and consent) of personal information contained in our online offering and the related websites, features and content (collectively referred to as “online offer” or “Website”). The privacy policy applies regardless of the domains, systems, platforms, and devices (such as desktop or mobile) on which the online offering is being run.

Provider of the online offer and responsible for the data protection law is Dr. Michael Walbert, Attorney at Law, Weihburggasse 4/22, 1010 Vienna, Austria (hereinafter referred to as “provider”, “we” or “us”). For the contact possibilities we refer to Section 13 below.

The term “user” includes all customers, clients and visitors of our online offer. The terms used, such as “Users” are to be understood gender-neutral.

2. Basic information on data processing

We only process users’ personal data in compliance with the relevant data protection regulations in accordance with the requirements of data minimization and purpose limitation (see Processing Principles: EU GDPR Article 5). This means that the data of the users are processed only in the presence of a legal permit or obligation, for the fulfillment of contractual obligations (which are necessary, for example, for the provision of the services offered) or in the presence of your consent.

We take organizational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are complied with and in order to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.

Insofar as data transmission to third parties is necessary for the fulfillment of legal requirements, the fulfillment of the services to be provided within the framework of contractual obligations or on the basis of your explicit consent, we always ensure that this is done safely and in accordance with data protection regulations and in accordance with EU GDPR Article 5.

3. Processing of personal data

We gather, process and use your personal data only with your consent, respectively upon your engagement or request, for the purposes agreed with you or otherwise in compliance with the provisions of the EU General Data Protection Regulation (the “GDPR”). Your personal data is gathered, processed and used in compliance with applicable civil law and data protection rules and regulations.

We will only gather such personal data, which are required for the execution and performance of legal services or which you have voluntarily provided to us.

Personal data is information that can be used on its own or with other information to identify a natural or legal person, including for example your name, postal address, email address, phone number, date of birth, age, gender, social security number, video and voice recordings, photos, as well as biometric data such as fingerprints. Personal data can also include sensitive data such as health data or data concerning criminal proceedings.

The personal data are, in addition to the use expressly mentioned in this privacy policy, processed for the following purposes on the basis of statutory requirements, to fulfill the contract or your express consent:
– The provision, execution, maintenance, optimization and security of our services, services and user services;
– Ensuring effective customer service and technical support.

Insofar as data transmission to third parties is necessary for the fulfillment of legal requirements, the fulfillment of the services to be provided within the framework of contractual obligations or on the basis of your express consent, we always ensure that this is done safely and in accordance with data protection regulations in accordance with EU GDPR Article 5.

When contacting us (via contact form or e-mail), the details of the user are stored for the purpose of processing the request as well as in the event that follow-up questions arise.

We will not store personal data longer than necessary to fulfill contractual or legal obligations and to defend against any liability claims. Personal data will be deleted if they have fulfilled their purpose and deletion does not conflict with any retention requirements.

4. Right to Information and Deletion

As a client or generally as a data subject in terms of the GDPR, and subject to the attorney-client privilege, you have the right to information on your stored personal data, on their origin and recipients, the purpose of data processing as well as the right to correction, transfer of data, objection, limitation of use and processing as well as blocking or deletion of incorrect data or unlawfully processed data.

Kindly notify us of any change in your personal data.

You have the right to revoke your consent to the gathering, processing and use of your personal data at any time. You can address your request for information, deletion, correction, objection and/or transfer of data, in the latter case only if and to the extent such consent does not result in unreasonable cost and effort, to the contact details set out in Section 13 of this data privacy statement.

If you should consider that we are gathering, processing or using your personal data in violation of applicable data protection regulations, or your rights under applicable data protection regulations have been violated otherwise, you are entitled to lodge a complaint with the competent supervisory authority. The competent authority for data protection matters in Austria is the Austrian Data Protection Authority (Österreichische Datenschutzbehörde), Wickenburggasse 8, 1080 Vienna, Austria.

5. Data Security

Your personal data are protected by appropriate technical and organizational measures. These measures protect against unauthorized, unlawful, or accidental access, processing, loss, use or manipulation.

Despite of our efforts to ensure a reasonably high standard of diligence requirements at all times, it cannot be ruled out that information you have provided via the internet is accessed or used by other persons.

Please note that as a result thereof we cannot and do not assume any liability whatsoever for the disclosure of information due to errors in the data transfer and/or unauthorized access by third parties not caused by myself (e.g. hacking of email accounts, telephone, or interception of fax messages).

6. Transfer of Data to Third Parties

For the performance of your mandate it might be necessary to transfer your data to third parties (e.g. opponent parties, substitute attorneys, subcontractors, insurance companies and service providers, which we use and to which we provide data, etc.), and to courts and authorities. Data will be transferred only in compliance with applicable data protection laws and regulations, in particular for the purpose of performance of your mandate or based on your prior consent.

Further, we would like to inform you that in connection with our legal services information relating to the specific circumstances may regularly be obtained from third parties.

Some of the recipients of your personal data referred to above might be located outside your country or process your personal data there. The level of data protection in other countries might not be equal to the level of data protection in Austria. However, we transfer your personal data only to such countries which the EU Commission decided have an appropriate level of data protection, or we will take appropriate measures to ensure that all recipients maintain an appropriate level of data protection; for this purpose we will enter into standard contractual clauses (2010/87/EC and/or 2004/915/EC).

7. Notification of Data Incidents

We strive to ensure that data incidents are detected at an early stage and immediately reported to you or to the competent supervisory authority, including the categories of data concerned.

8. Collection of access data

We collect data about every access to the server where this service is located (so-called server log files). The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

We use the log data without linking it to the specific person of a user or other profiling according to the statutory provisions only for statistical evaluations for the purpose of operation, security and optimization of our online offer. However, we reserve the right to retrospectively check the log data if, on the basis of concrete evidence, the legitimate suspicion of unlawful use exists.

9. Cookies & reach measurement

Cookies are information transmitted from our web server or third-party web servers to users’ web browsers and are stored there for later retrieval. The use of cookies in the context of pseudonymous range measurement is described in this privacy policy.
The usage of this online offer is also possible with the exclusion of cookies. If users do not want cookies stored on their computer, they are asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
There is a possibility to manage many companies’ online advertising cookies via the US website http://www.aboutads.info/choices or the EU page http://www.youronlinechoices.com/uk/your-ad-choices/.

10. Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the users are usually transmitted to a Google server in the USA and stored there.

Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on the activities within this online offering and to provide us with other services related to the use of this online offer and internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the IP address of users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases the full IP address will be sent to a Google server in the US and shortened there.

The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users may also prevent data collection by Google of data which is generated by the cookie and related to their use of the online offer as well as the processing of such data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For more information about Google’s use of data, settings and opt-out options, please visit Google’s websites: https://www.google.com/intl/en/policies/privacy/partners (“Google’s use of your data when you use websites or our partners’ apps “), http://www.google.com/policies/technologies/ads (” Use of data for promotional purposes “), http://www.google.com/settings/ads (” Managing information provided by Google used to show you ads “) and http://www.google.com/ads/preferences (” Determine which ads Google shows you “).

11. Integration of services and content of third parties

It may occur that contents or services of third-party providers, such as maps or fonts from other websites, are included in our online offer. The inclusion of content from third-party providers always requires that third-party providers perceive the IP address of the users, since they could not send the content to the users’ browser without the IP address.

The IP address is therefore required for the presentation of this content. Furthermore, providers of third-party content can set their own cookies and process users’ data for their own purposes. In the process, user profiles can be created from the processed data. We do our best to use this content in a data-saving and data-avoiding manner as far as possible and select reliable third-party providers with regard to data security.

The following presentation provides an overview of third-party providers as well as their contents and links to their privacy statements, with further details on the processing of data and partly revocation possibilities (so-called opt-out):

– External fonts from Google, Inc., https://www.google.com/fonts (“Google Fonts”). The integration of Google fonts is done by a server call on Google (usually in the US). Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.
– Maps of the “Google Maps” service provided by the third-party Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.
– Third-party Google Inc.’s YouTube Platforms, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.

12. Changes to the privacy policy

We reserve the right to change the privacy policy in order to adapt it to changed legal situations, or to changes in the service and data processing. However, this only applies to declarations of data processing. If users’ consent is required or elements of the privacy policy contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users.
Users are requested to inform themselves regularly about the content of the privacy policy.

13. Contact Details

The protection of your data is of great importance to us. Please find below our contact details in case you should have any questions or if you wish to revoke your consent to gathering, processing or use or your data.

Dr. Michael Walbert, LL.M. (Virginia)
Attorney at Law
Weihburggasse 4/22
1010 Vienna
T: +43 1 532 19 68 11
F: +43 1 532 19 68 89
E: mw@walbert.law
www.walbert.law

Status: 12. February 2019