Data Protection Statement

The General Data Protection Regulation, the “Datenschutzgesetz 2000” and the „Datenschutz-Anpassungsgesetz 2018“ serve as right to the protection of personal data. We will collect, process and use your personal data only upon the respective laws (DSGVO, DSG 2018, TKG 2003).

1. Controller

The controller is:
JEANNÉE Rechtsanwalt GmbH
FN272646a (Handelsgericht Wien)
Bösendorferstraße 5/7-8, 1010 Vienna
Managing Director: Dr. Christoph Jeannée
E-mail: datenschutz@toplaw.at
Tel: +43 1 5057700
Fax: +43 1 5057700 34

Jeannee Mikula & Partner Attorneys at Law” is not a company under civil law, the graphic representation Jeannee Mikula & Partner Attorneys at Law is a word-image trademark of JEANNEE Rechtsanwalt GmbH. JEANNEE Rechtsanwalt GmbH has a permanent substitution relationship with the independent lawyers Dr. Reinhard Mikula, Mag. Adriana Lukas-Jeannée, Mag. Laura Reischenböck, Mag. Andreas Weinwurm and Mag. Jörg Hemmer. As part of their legal activity as permanent substitutes, they are joint controllers with JEANNEE Rechtsanwalt GmbH in the sense of Art 26 DSGVO and have concluded a contract for the regulation of data processing and distribution of tasks. Further information is available upon request at datenschutz@toplaw.at.

The contact point for rights of data subjects and questions and concerns about data protection is JEANNEE Rechtsanwalt GmbH, who is responsible for the data protection obligations. The protection of your data is particularly important to us. We are available for you at any time under the contact details above for your questions, your request or your withdrawal. In this document, you will learn more about how we use and process your personal information.

2. Personal data

Personal data means all data which includes details regarding personal or factual circumstances, such as, for example, name, address, email address, phone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings of persons, and biometric data, such as fingerprints. Personal data may also include sensitive data, such as health data or data related to criminal proceedings.

JEANNÉE Rechtsanwalt GmbH only uses and processes your personal data if there is a legal basis as per Regulation (EU) 2016/679 (General Data Protection Regulation/GDPR); this will be done in compliance with the data protection and civil law provisions. Processing of data depends on whether you visit our website, contact us via contact form, subscribe to our newsletter, or if you are our client, business partner or supplier. Only the personal data that is required for rendering or handling our services as your legal counsel or which you provide to us on a voluntary basis will be collected.

3. Use of data

We will not use any data provided to us for purposes other than those covered by the mandate agreement or your consent or otherwise by any provision in conformity with the GDPR. This does not apply to the use of data for statistical purposes, provided that the data has been anonymized.

4. Consent and right to withdraw

If your consent is necessary for the processing of your data, we will process the data only after your explicit consent has been given.

You may withdraw your consent to the use of your personal data at any time using the following e-mail address: datenschutz@toplaw.at. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Also in the case of direct marketing you will have the right to withdraw against the process of personal data concerning direct marketing. If you object to the process for direct marketing, your personal data will no longer be processed for these purposes. Please address your withdrawal to datenschutz@toplaw.at. Processing of your personal data for the purpose of direct marketing is not necessary for the client relationship.

5. Transfer of data to third parties

To fulfil your instruction it may be necessary for us to transfer your data to third parties (e.g. business partners such as attorneys or tax consultants, counterparty, substitutes, insurance companies, IT-suppport, service providers whom we engage and to whom we provide data, such as ADVOKAT Unternehmensberatung Greiter & Greiter GmbH, etc), courts or public authorities. Your data will be forwarded exclusively on the basis of the GDPR, in particular to fulfil your instruction or on the basis of your prior consent. Moreover, we would like to inform you that in connection with us acting as a legal counsel for you also factual and case-related information concerning you will be obtained from third parties (e.g. business register, land register, court or public authorities).

Some of the recipients of your personal data stated above are located or process your personal data outside your country. The data protection standard in other countries may not be the same as in Austria. However, we transfer your personal data only to countries for which the European Commission has decided that they offer an adequate level of data protection; if this is not the case, we take measures to ensure that all recipients offer an adequate level of data protection, for which purpose we conclude standard contractual clauses (2010/87/EU and/or 2004/915/EC). If an adequate level of data protection is not guaranteed, we transfer personal data only if it’s necessary for exercise or defense of legal claims (Art 49 Abs 1 lit e GDPR) or fulfillment of our engagement agreement with the client (Art 49 Abs 1 lit b oder c GDPR).

6. Retention of data

We will not retain data longer than necessary to fulfil our contractual and/or legal obligations or to defend us against any liability claims that may arise. As newsletter subscriber we keep your data until you unsubscribe. Personal data of not hired applicants will be deleted by the expiry of a period of 9 months after job denial ((§§ 15 Abs 1, 26 Abs 1 GlBG plus delivery time), if applicant does not give consent for keeping the data.

7. Cookies

This website uses “cookies” to make our offer more user-friendly, more effective and safer.

A “cookie” is a small text file which we transmit to the cookie file of a browser on the hard disk of your computer via our web server. This enables our website to recognise you as a user when a connection is established between our web server and your browser. Cookies help us to establish the frequency of use and the number of users of our website. The content of the cookies used by us is limited to an identification number which no longer allows any direct reference to the user. The main objective of a cookie is to identify visitors to the website.

Two types of cookies are used on this website:

  • Session cookies: are temporary cookies which are stored in the cookie file of your browser until you leave our website and are automatically deleted at the end of your visit.
  • Persistent cookies: are saved on your terminal equipment and allow us to recognize your browser on your next visit in order to achieve better user-friendliness.

You may adjust your browser settings so that you will be informed about the placement of cookies and only allow them on a case-by-case basis, accept them for specific cases or generally refuse or automatically delete cookies when you close your browser. The functionality of this website may be restricted as a result of deactivating cookies.

8. Server log files

In order to optimize this website in terms of system performance, user-friendliness and provision of useful information about our services, the website provider automatically collects and stores information in so-called server log files, which your browser automatically transfers to us. This includes your internet protocol address (IP address), browser and language settings, operating system, referrer URL, your internet service provider and the date/time.

This data will not be combined with personal data sources. We reserve the right to check this data at a later date if we learn of specific indications of unlawful use.

9. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.  Google Analytics uses “cookies,” which are text files placed on your computer to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will not associate your IP address with any other data held by Google.

We point out that Google Analytics on this website has been extended, to include the code “anonymizeIp,” in order to ensure an anonymous collection of IP addresses (so-called IP masking; the last 8 Bit of the IP-address will be deleted in order to enable the anonymous processing of all data). Only in exceptional cases will the complete IP address be transmitted to a Google server in the USA and then shortened there.

Google will, on behalf of the operator of this website, use this information to evaluate your use of the website, for the compilation of reports on the website activity, and to provision the website operator with further website and internet related services. These are the reasons for our legitimate interest in the process of your data. The legal basis for the use of Google Analytics therefore is Art 6 Abs 1 lit f DSGVO. The process of data is based on the legal provision of §96 Abs 3 TKG.

You may refuse to grant your consent with regard to the use of cookies by selecting the appropriate settings on your browser, we however would like to point out that you may in this case then not be able to use the full extent of all the features on this website. You can moreover also prevent the collection of data generated by the cookies about your use of the website by Google (including your IP address), as well as the processing of these data by Google, by downloading and installing the browser plug-in that is available under the following link:

https://tools.google.com/dlpage/gaoptout?hl=de.

As an alternative to the Browser-Add-On, in particular when using mobile devices, you can prevent the acquisition by Google Analytics by clicking on the link below. It will set an opt-out cookie, which prevents future collection of your information when you visit this website. To prevent the acquisition by Google Analytics through different browsers and/or devices, you will have to perform the Opt-Out on all systems used.

Universal Analytics offers the possibility to perform Cross-Device-Tracking. This is done by the use of a user-ID, which is assigned to each user when logging in. The User-ID serves as a pseudonym to exclude the identification of the underlying user. We point out that this is deliberately not activated on our website.

We concluded a contract with Google LLC for order processing (addition for data processing). Google LLC is certified Privacy Shield. The USA ensures an appropriate level of protection of personal data for the transfer of data from the EU to U.S. companies, which are subject to Privacy Shield.

The data sent by us that is connected to Cookies will be deleted after 14 months automatically. Data whose retention period has been reached is automatically deleted once a months. For more information on terms of use and data protection, please visit https://www.google.com/analytics/terms/de.html, https://policies.google.com/?hl=de or https://support.google.com/analytics/answer/6004245?hl=de.

10. Google Maps

This website uses the map service Google Maps via an API. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. To use the features of Google Maps, it is necessary to save your IP address. If you visit the part of our website that displays Google Maps, your browser will connect directly to Google’s servers. The map contents are transmitted by Google directly to your browser and integrated by the latter into the website. The provider of this website has no influence on the data transmission. Further information about the processing of user data can be found in Google’s Privacy Policy.

If you do not want Google to collect, process or use information about you through our website, you can disable JavaScript in your browser settings. However, you will not be able to use the map viewer and related interactive features. For the purpose and scope of the data collection and the further processing and use of the data by Google, as well as their rights in this regard and setting options for protecting their privacy, please refer to the privacy notes of Google Inc .: http://www.google.de/intl/de/policies/privacy/. Google also processes your personal information in the US and complies with the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US Framework). This ensures an adequate level of data protection for the transfer of data from the Union to the USA. The cooperation with Google LLC in terms of data protection law is based on a concluded joint liability agreement pursuant to Art 26 DSGVO, which is available here.

11. Google Fonts

This site uses so-called web fonts, provided by Google LLC, for the uniform representation of fonts. When you visit a website, your browser loads the required web fonts into your browser cache to correctly display text and fonts. For this purpose your browser has to connect with the Google LLC servers. As a result, Google knows that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a consistent and attractive presentation of our website. This constitutes a legitimate interest within the meaning of Art 6 (1) (f) DSGVO. The relevant fonts are loaded by Google servers, which are usually located in the United States. The adequate level of data protection is guaranteed by Google (“Privacy Shield” certification). The Google privacy statement is available at http://www.google.de/intl/de/policies/privacy/.

12. Contact form

Your information, including personal data from our contact form to process your request, will be transmitted by our own mail server, processed and stored with us. We will not give out your data. Without these data we are not able to process your requests.

The legal basis for data processing is § 96 Abs 3 TKG and Art 6 Abs 1 lit a (consent) DSGVO.

13. Newsletter

You can sign up for our newsletter on our website. Here the Double-Opt-In procedure is used. You will receive an e-mail asking you to confirm your registration. You can cancel the newsletter at any time by clicking the cancellation link at the end of the newsletter. The withdrawal of the consent can also be done by post or by e-mail to the contact address listed below.

For the shipment of our newsletter we commission processors. These have committed themselves to the compliance of the temporary provisions concerning data processing. A contract in accordance with Art 28 DSGVO has been concluded.

The legal basis of the data processing are § 96 Abs 3 TKG and Art 6 Abs 1 lit a (consent) DSGVO.

14. Survey of business succession

Your data including personal data from the form “Business succession survey” will be transmitted to us for processing your request/transmission of the survey results. It will subsequently be processed and stored with us. This data will not be disclosed. Access is only available to the team of experts in company succession (JEANNEE Rechtsanwalt GmbH, Intercura Treuhand- und Revisionsgesellschaft m.b.H., Comfit Consult e.U.). Without this data, we cannot process your requests or send you the survey result.
The legal basis for data processing is § 96 Abs 3 TKG and Art 6 Abs 1 lit a (consent) DSGVO. You give us your consent by completing and sending the questionnaire to us.

15. Your rights

As an affected person you have the right – while complying with legal non-disclosure requirements – to request and receive information on the personal data we hold about you. Additionally, you have the right to rectify any errors in your personal data, limit the purposes for which the controller can process those data as well as withdraw (as long as there are no retention requirements).

We kindly ask for an appropriate notice if your personal data is changing.

You may withdraw your consent to the use of your personal data at any time. The lawfulness of your previous consent remains unaffected by the withdrawal until the moment of withdrawal. Your request for information, cancellation, correction, withdrawal and/or the transfer of data can be sent to the contact address listed under point 1 of this declaration by post or via e-mail.

If you are of the opinion that processing of your personal data by us infringes applicable data protection law or that your claims under data protection law have been infringed in any other way, you may lodge a complaint with the competent supervisory authority. In Austria the competent authority is the Austrian Data Protection Authority (Wickenburggasse 8-10, 1080 Wien, E-Mail: dsb@dsb.gv.at).

JEANNÉE Rechtsanwalt GmbH