Data protection declaration

Declaration information obligation

Protecting your personal data and your privacy is especially important to us. Thus, we only process your data on the basis of the legal regulations [order (EU) 2016/679 of the European Parliament and the Council on April 27th, 2016 for the protection of natural persons in the processing of personal data, free movement of data and the cancellation of the guideline 95/46/EG (DSGVO), Data Protection Act 2018 (DSG 2018), Telecommunications Act2003 (TKG 2003)].

In this data protection declaration, we inform you about the processing activities of your personal data in the course of our website and our activities as lawyers.

Website
Contacting us

If you contact us via the form on the website or via e-mail, your stated data will be stored in our system for the purpose of processing the request and for possible follow-up questions. The personal data is deleted when it is no longer required or the deletion does not contradict any legal duties to preserve the information.

Cookies and user tracking

Cookies are small text files which are stored in the temporary storage of your browser (Browser Cache). By means of the stored character string, a webserver can recognise you as a recurring user.  In connection with the tracing of user activities (user tracking), cookies are a necessary component which enable specific functions of a website to carry out user tracking. The cookie itself does not take any action.

Generally, every market-leading browser provides detailed configuration options for the accepting and refusing of cookies as well as the management of the browser cache. It is advisable for the end user to determine his/her preferences regarding cookies and data protection there centrally, instead of leaving the responsibility up to the website owner. For further information, you can refer to the respective help files or ask an IT service provider.

According to the valid data protection regulations, we are obliged to point out the implementation of third party cookies by google, should you generally agree to the implementation of cookies (see section Google Analytics). For the sake of completeness, we also point out that also session cookies are implemented, which is required by the firewall to safeguard the website and is therefore imperative. Therefore, personal data is only stored for user accounts. Visitors of a website remain unaffected. Thus, cookies are placed in accordance with the European and Austrian legal situation (Art 5, section 3 E-Privacy-RL as well as § 96 section 3 TKG 2003).

Google Analytics

On the basis of our legitimate interest (interest in the analysis, optimisation and economic operation of our online offer according to Art 5 section 1 DSGVO), we implement the service “Google Analytic” on this website which is offered by the Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, for the purpose of the analysis of website use by the user. The service uses cookies in order to transfer the data of your use of the website to a Google server in the USA and to store it there.

The personal data is transferred to the USA under the EU-US Privacy Shield on the basis of the adequacy decision of the European Commission.

Neuwirth Neurauter uses IP anonymisation, which means that your IP address is abbreviated by Google within member states of the European Union or in other contracting states of the agreement on the European Economic Area. The anonymised IP address, which is transferred by the browser in the course of Google Analytics, is not merged with other Google data in order to ensure that no conclusions can be drawn on your person. This ensures that the collected data no longer requires special protection by the DSVGO as personal data.

Data which we send to Google is deleted automatically after 14 months. The deletion of data, where the safekeeping period is fulfilled, is carried out automatically once a month.

You have the following possibilities to prohibit user tracking by Google Analytics:

  • By setting the Opt-Out-Cookies for this website deactivate Google Analytics
  • Refuse third party cookies for this website
  • For a permanent solution, which is not only limited to this website,
    Google offers the Browser-Add-on to deactivate Google Analytics Download

Notice: If you delete cookies in your browser cache, these settings are lost and must be set anew.

Web analysis and logfiles

Apart from Google Analytics, the website is also analysed by the Open Source Software Webalizer on the server of our hosting provider under our own domain. No data is passed on to third parties.

domainfactory GmbH
Oskar-Messter-Str. 33
85737 Ismaning
Germany

According to domainfactory GmbH, the webserver logfiles are rotated daily. Logs from the previous day are stored and are available for three days each. These are purely internal logfiles which we as customers do not have access to. This data ensures data backup and retrieval of our website in the event of malfunctions of our website. We have concluded the according contract on contract data processing with the domainfactory GmbH.

Law firm
Processing of personal data by Neuwirth Neurauter

In cooperation with you we collect, process and use your personal data only with your consent resp. mandate or order for the purposes agreed with you or if any other legal basis exists in accordance with the GDPR; this of course in compliance with data protection and civil regulations.

Only such personal data is collected, which is necessary for the carrying out of our services as lawyers or which you have provided voluntarily.

Personal data is all data which contains particulars regarding personal or factual circumstances, such as name, address, e-mail address, telephone number, date of birth, age, sex, social insurance number, video recordings, photos. Also sensitive data such as health data or data in connection with criminal proceedings can be included.

We will not process the data provided to us for any other purposes than those covered by the mandate agreement or your consent or otherwise by a regulation in accordance with the GDPR.

Data transmission to third parties

In order to fulfil your mandate, it might be necessary to forward your data to third parties (e.g. opposing party, substitutes, insurances, service providers which we use and to whom we provide data, etc.), courts or authorities. Any forwarding of your data will only be carried out on the basis of the GDPR, especially to fulfil your mandate or on the basis of your prior consent.

Furthermore, we inform you that in the course of our legal representation and consultation, regularly also factual and case-related information on you is obtained from third parties.

Some of the recipients of your personal data mentioned above are located abroad or process your personal data there. The level of data protection in other countries might not be as high as in Austria. However, we only transmit your personal data to countries, for which the EU Commission has decided that they provide an appropriate level of data protection or we take measures to ensure that all recipients provide an appropriate data protection level, which is why we conclude standard contractual clauses (2010/87/EC and/or 2004/915/EC).

Data protection

With consideration to state of the art, implementation costs and the type, scope, circumstances and purpose of processing as well as the probability of occurrence and seriousness of the risk for rights and freedom of natural persons, Neuwirth Neurauter take appropriate technical and organisational measures in the sense of Art 32 DSGVO.

Thus, the following measures are taken in order to protect your data and to ensure it against loss, destruction, access, modification and distribution by unauthorised persons:

  • Safeguarding of confidentiality, integrity, availability and resilience of the systems and services in connection with the processing;
  • Safeguarding of fast restoration of availability of personal data in a physical or technical incident;
  • Implementation of procedures for the regular review, assessment and evaluation of the effectivity of technical and organisational measures to ensure the safety of the processing.

Please note that we assume no liability for the disclosure of information due to mistakes in data transfer and/or unauthorised accesses by third parties which are not caused resp. cannot be attributed to us (e.g. hacker attack).

Your rights

You are generally entitled to the right of information, correction, deletion, limitation, data portability, revocation and appeal. If you believe that the processing of your data violates data protection rights or your data protection claims have been violated in any other way, you can complain to the supervisory authority. In Austria, this is the data protection authority. As we are interested in highest satisfaction and legal security for our clients and ourselves, we kindly ask you to contact us in advance.

Responsibility

Persons in charge of data protection according to Art 4 L7 DSGVO for this website are the lawyers Dr. Martin Neuwirth and Dr. Alexander Neurauter (Neuwirth Neurauter).

Neuwirth Neurauter GesbR

Dr. Alexander Neurauter
Dr. Martin Neuwirth (Data protection coordinater)

Petersplatz 3, 1010 Wien
Tel: +43 1 533 70 36
Fax: +43 1 532 42 46 75
office@die-anwaelte.at