Privacy

Chinesisch-Deutscher Anwaltverein e.V.

Am Hauptbahnhof 10

60329 Frankfurt am Main

Germany

Telephone: +49.69.85093455

Email: info@cd-av.de

Website: www.cd-av.de

Extent of processing of personal data

In principle, we process personal data of our users only insofar as this is necessary to provide a functioning website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent cannot be obtained for reasons of fact and the processing of the data is permitted by law.

Legal basis for processing of personal data

• As far as we obtain the consent of the data subject for processing his or her personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
• The processing of personal data necessary for the performance of a contract of which the data subject is a party is governed by Article 6 (1) (b) of the GDPR as the legal basis. This also applies to processing operations required to carry out pre-contractual actions.
• As far as the processing of personal data is required to fulfil a legal obligation that our company is subject to, Art. 6 (1) (c) of the GDPR serves as the legal basis.
• If vital interests of the data subject or any other natural person require the processing of personal data, Art. 6 (1) (d) of the GDPR serves as the legal basis.
• If the processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights, and freedoms of the data subject do not outweigh the former interest, then Art. 6 (1) (f) of the GDPR serves as the legal basis for the processing.

Data erasure and duration of storage

The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is dispensed with. In addition, such storage may be provided for by the European or national legislator in EU regulations, laws, or other regulations to which the controller is subject. Blocking or erasure of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfilment of the contract.

Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer. The following data are collected:

• Information about the browser type and version used
• Operating system of the user
• Internet service provider of the user
• IP address of the user
• Date and time of access
• Websites from which the user's system accesses our website
• Websites accessed by the user's system through our website

The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

Legal basis for data processing

The legal basis for the temporary storage of data and log files is Article 6 (1) (f) of the GDPR.

Purpose of data processing

The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user's IP address must be kept for the duration of the session. Logfiles are stored to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. For these purposes, our legitimate interest lies in the processing of data according to Art. 6 (1) (f) of the GDPR.

Duration of storage

The data will be erased as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed. If the data is stored in logfiles, this is the case after seven days at the latest. An additional storage is possible. In this case, the IP addresses of the users are erased or pseudonymised, so that an assignment of the calling client is no longer possible.

Possibilities to object and for erasure

The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no right to object on the part of the user.

Description and scope of data processing

We use "cookies" on our website, which serve to recognize you as a user and to make it easier for you to use our site. Cookies are small text files that your Internet browser installs on your device. Often these are "session cookies", which are deleted after the end of your session. Other cookies remain installed on your device until you remove them. These installed cookies allow us to identify your web browser on the next visit.

You can also set your web browser to notify you about the installation of cookies. As part of the settings you can choose whether cookies should be allowed only in individual cases or only in certain cases may be installed or are generally not accepted or automatically deleted after closing your web browser. If you opt out of disabling cookies, this may limit your use of the website.

On our website we use cookies to make them more user-friendly. Some elements of our website require that the calling browser be identified even after a page break. The following data are stored and transmitted in the cookies:

• Log-in information for input masks
• Cookie notice read and accepted

When you visit our website, you will be informed by an info banner about the use of cookies for analysis purposes and referred to this privacy policy. In this context, there is also an indication of how the storage of cookies in the browser settings can be prevented.

Legal basis for data processing

The legal basis for the processing of your personal data using cookies is Article 6 (1) (f) of the GDPR.

Purpose of data processing

We use technically necessary cookies to optimize the use of the website for you. Otherwise, we will not be able to offer you some features of our website, as they will require your web browser to be recognized after a page break. In these purposes, our legitimate interest lies in the processing of your personal data. The following application requires the use of cookies:

• Automatically hide the accepted cookie hint
• Remember login information

We do not use the personal data collected by technically necessary cookies for the creation of user profiles. The analysis cookies are used to improve the quality of our website and its contents. Furthermore, they are used to constantly optimize our offer and thereby improve the user comfort of our website. In these purposes, our legitimate interest lies in the processing of your personal data.

Duration of storage, possibilities to object and for erasure

Cookies are stored on the computer of the user and transmitted by this to our website. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all features of the website to the full.

Description and scope of data processing

On our website you can subscribe to a free newsletter. The data from the input mask are – as far as specified by the user – transmitted to us when registering for the newsletter.

• Form of address
• Title
• Family name
• Surname
• Name affix
• Profession
• Law firm
• Position
• Country
• Email address
• Language (German, English, or Chinese)

In addition, the following data are collected at the time of registration:

• Date and time of registration
• IP address of the calling computer

For the processing of the data, your consent is obtained during the registration process and reference is made to this privacy policy.

Legal basis for data processing

The legal basis for processing the data after the user has registered for the newsletter is, if the user has given his consent, is Art. 6 (1) (a) of the GDPR.

Purpose of data processing

The collection of the user's email address serves to deliver the newsletter. The collection of other personal data as part of the registration process is intended to prevent misuse of the services or the email address used.

Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The email address of the user is therefore stored as long as the subscription to the newsletter is active. The other personal data collected during the registration process are usually deleted after a period of seven days.

Possibilities to object and for erasure

Subscription of the newsletter may be terminated at any time by the user concerned. For this purpose, there is a corresponding link in each newsletter. This also allows a revocation of the consent of the storage of the personal data collected during the registration process.

Description and scope of data processing

On our website is a contact form available, which can be used for electronic contact. If a user realizes this option, the data entered in the input mask will be transmitted to us and saved. These data are:

• Name
• Email address
• Reference
• Message

For the processing of the data in the context of the sending process your consent is obtained and referred to this privacy statement.

Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored. In this context, there is no disclosure of the data to third parties. The data will be used exclusively to process the correspondence.

Legal basis for data processing

The legal basis for the processing of the data is in the presence of the consent of the user Art. 6 (1) (a) of the GDPR. The legal basis for the processing of the data transmitted by sending an email is Article 6 (1) (f) of the GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for processing is Article 6 (1) (b) of the GDPR.

Purpose of data processing

The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via email, this also includes the required legitimate interest in the processing of the data. The other personal data processed during the transmission process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form and those sent by email, this is the case when the respective correspondence with the user has ended. The correspondence is terminated when it can be inferred from the circumstances that the relevant facts have been finally clarified. The additional personal data collected during the transmission process will be deleted at the latest after a period of seven days.

Possibilities to object and for erasure

The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by email, he may object to the storage of his personal data at any time. In such a case, the correspondence cannot be continued. You may revoke your consent or object to the storage of your data orally or in writing using the above-mentioned contact details of the controller. All personal data stored during contacting will be deleted in this case.

Description and scope of data processing

On our website is a contact form available, which can be used for electronic transmission of applications for membership in the Chinese-German Lawyers’ Association (Chinesisch-Deutscher Anwaltverein e.V.). If a user realizes this option, the data entered in the input mask will be transmitted to us and saved. These data are – if indicated:

• Form of address
• Title
• Family name
• First name
• Name suffix
• Birthday
• Nationality
• Denomination of the bar admission
• Place of bar admission
• Licence number
• Name of the law firm
• Position there
• Postal address
• Fixed line
• Mobile number
• Email address
• WeChat ID
• Languages (German, Chinese, English)
• Type of membership (sole practitioner, law firm)

For the processing of the data in the context of the sending process your consent is obtained and referred to this privacy statement.

In this context, there is no disclosure of the data to third parties. The data will be used exclusively to process the respective membership application.

Legal basis for data processing

The legal basis for the processing of the data is in the presence of the consent of the user Art. 6 (1) (a) of the GDPR.

Purpose of data processing

The processing of the personal data from the input mask serves us only to process membership applications. The other personal data processed during the transmission process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form this is the case when the respective membership application has been rejected or the membership of the respective user expired. The additional personal data collected during the transmission process will be deleted at the latest after a period of seven days.

Possibilities to object and for erasure

The user has the possibility at any time to revoke his consent to the processing of the personal data. You may revoke your consent or object to the storage of your data orally or in writing using the above-mentioned contact details of the controller. All personal data stored during contacting will be deleted in this case.

Our website is using Google Maps to allow a convenient visualization of maps. Google Maps is operated by Google, Inc. We want to point out that external servers in the USA may be used by Google Maps to provide their service. It is currently not known to us, if Google logs these server requests. However, we assume that the data protection notice of Google is also applicable here (https://www.google.de/intl/en/policies/privacy/). Therefore, your IP-address will be in any case stored for several months. The same applies to Java-Script-elements which may be downloaded from Google servers for browser compatibility. Our use of Google Maps is legally based on Art. 6 (1) (f) of the GDPR by pursuing our legitimate interest in visualization of our location through a convenient representation on a map.

If your personal data is processed, you are data subject within the meaning of the GDPR and you have the following rights against the controller:

Right to information

You may ask the controller to confirm if personal data concerning you is processed by us. If such processing is available, you can request information from the controller about the following information:

• The purposes for which the personal data are processed;
• The categories of personal data that are processed;
• The recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are yet to be disclosed;
• The planned duration of storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
• The right of rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
• The existence of a right of appeal to a supervisory authority;
• All available information on the origin of the data, if the personal data are not collected from the data subject; and
• The existence of automated decision-making including profiling under Article 22 (1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.

You have the right to request information about whether your personal information will be transmitted to a third country or an international organization. In this connection, you may request to be informed of the appropriate guarantees under Article 46 of the GDPR regarding the transfer.

Right to rectification

You have the right to rectification and completion against the controller if your personal data is processed is incorrect or incomplete. The controller must make the correction without delay.

Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

• If you contest the accuracy of your personal information for a period that enables the controller to verify the accuracy of your personal information;
• The processing is unlawful, and you refuse to delete the personal data and instead request the restriction of the use of personal data;
• The controller no longer requires personal data for the purposes of processing, but you need them for the purposes of asserting, exercising, or defending legal claims; or
• If you have objected to the processing pursuant to Art. 21 (1) of the GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the EU or a EU Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be notified by the controller before the restriction is lifted.

Right to erasure

You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is applicable:

• Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
• You revoke your consent on which the processing under Article 6 (1) (a) or Article 9 (2) (a) of the GDPR was based and there is no other legal basis for the processing.
• In accordance with Art. 21 (1) of the GDPR, you object to the processing and there are no legitimate reasons for the processing, or you object to the processing according to Art. 21 (2) of the GDPR.
• Your personal data has been processed unlawfully.
• The deletion of personal data concerning you is required to fulfil a legal obligation under EU law or the law of the EU Member States to which the controller is subject.
• The personal data concerning you were collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.

If the controller has made public the personal data relating to you and is obliged to delete them in accordance with Article 17 (1) of the GDPR, he shall take appropriate measures, including technical ones, for data controllers, taking into account the available technology and the implementation costs who process the personal data, inform you that as the data subject you have requested the deletion of all links to such personal data or of copies or replications of such personal data.

The right to erasure does not exist if the processing is necessary

• To exercise the right to freedom of expression and information;
• To fulfil a legal obligation required by the law of the EU or of the EU Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority delegated to the controller;
• For reasons of public interest in the field of public health pursuant to Article 9 (2) (h) and (i) and Article 9 (3) of the GDPR;
• For archival purposes of public interest, for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) of the GDPR, to the extent that the law under this section is likely to render impossible or seriously prejudice the achievement of the objectives of that processing; or
• To assert, exercise or defend legal claims.

Right to information of third parties

If you have the right of rectification, erasure, or restriction of processing to the controller, she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You have a right against the controller to be informed about these recipients.

Right to data portability

You have the right to receive personally identifiable information you provide to the controller in a structured, common, and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance, provided that

• The processing is based on a consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR; and
• Processing used automated procedures.

In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, as far as this is technically feasible. Freedoms and rights of other persons may 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 delegated to the controller.

Right of objection

You have the right, at any time for reasons arising out of your situation, to object to the processing of your personal data relating to you pursuant to Article 6 (1) (e) or (f) of the GDPR; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for enforcing, exercising, or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such advertising; this also applies to profiling insofar as it is associated with such direct mail. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Regardless of Directive 2002/58/EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.

Right to revoke the data protection consent declaration

You have the right to revoke your data protection consent declaration at any time. The revocation of consent does not affect the legality of the processing carried out based on the consent until the revocation.

Automated decision on an individual basis including profiling

You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision

• Is required for the conclusion or performance of a contract between you and the controller;
• Is permitted by EU or EU Member State legislation to which the controller is subject, and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
• With your express consent.

However, these decisions must not be based on specific categories of personal data under Article 9 (1) of the GDPR, unless Article 9 (2) (a) or (g) of the GDPR is applicable and appropriate measures are taken to protect the rights and freedoms of your legitimate interests.

The controller undertakes reasonable steps to safeguard your rights and freedoms, as well as your legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express your own position, and to contest the decision.

Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority in the EU Member State of your residence, place of work, or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR. The competent authority for the seat of the controller is the Hessische Beauftragte für Datenschutz und Informationssicherheit (Postfach 3163, 65021 Wiesbaden, Germany, email: poststelle@datenschutz.hessen.de, telephone: +49.611.14080, telefax: +49.611.1408900).

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.