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1. Privacy Policy

In the course of the provision of our legal services, it is unavoidable to collect and process certain personal data. Personal data in the meaning of the General Data Protection Regulation (hereinafter referred to as „GDPR“) and the Austrian Data Protection Act ( österreichische Datenschutzgesetz, („DSG“)) is defined as all information and data containing any kind of information and data related to personal or material particulars, such as name, address, email, phone number, birth date, age, gender, social security number, nationality, confession, video and audio recordings as well as pictures and health data.
Although due to our specific area of activity (commercial law and law of corporate groups), LEXPORTATEU is receiving personal data to a small extent, the protection of your personal data is given a high priority. We only process your personal data in accordance with the applicable statutory provisions as well as the principles laid down in this Privacy Policy.

2. Data Controller

The controller responsible for the processing of personal data is Attorney at law (Rechtsanwalt Frankfurt am Main) Florian Deck, LEXPORTATEU, Puchsteinstraße 14, 5400 Hallein (Austria). You can contact him by email at office@lexportateu.com, by phone at +43(0)6245-90229-11, as well as postal under the aforementioned address.

3. Purposes of data processing

LEXPORTATEU collects and processes personal data for different purposes, in particular to the ones set out in the following:

3.1 In the course of our activities as attorneys at law for providing legal advice and other services both trough LEXPORTATEU itself as well as through external team members within our Legal Croudworking-concept as well as on the occasion of precontractual or post contractual client relationships (the „PROVISION OF SERVICES“),

3.2 In order to run and optimise our website (the „WEBSITE“),

3.3 In order to offer customer information such as in particular newsletters, articles, scientific and other publications, webinars, videos, as well as invitations to events related thereto (the „CUSTOMER INFORMATION“),

3.4 In order to establish general and specific project-related contacts, communication, technical and professional evaluation of external members of teams (both attorneys and other members) within our Legal Croudworking-concept („COMBINING TEAMS“).

4. Recipients and scope of data collection and processing

All personal data is collected with the support of processors (e.g. webhosts, email servers, and service providers for email-newsletters, cloud services). These processors are subject to the obligations under the GDPR to protect your personal data and are only allowed to process the data provided by you for the sole purpose of the provision of your services.

In addition, for the following purposes of data collection and processing, the complementary measures as set out below shall apply:

4.1 In the course of the PROVISION OF SERVICES, data collection and processing are performed primarily by LEXPORTATEU´s internal staff as well as external team members (both attorneys at law and other team members) involved in the respective project on the basis of our Legal Croudworking-concept. Furthermore, personal data may be transferred to third parties, in particular to the others parties, their legal advisors and staff, courts and public authorities, as well as so-called common service providers such as notaries public, insurance companies, financial institutions, tax advisors and accountants, auditors, IT service providers and their respective organs and staff.

The scope of the data collection and processing is limited to the extent necessary for the PROVISION OF SERVICES. It shall always include the collection and processing of the respective data used to identify and contact clients and their staff, to invoice our services, as well as to render our services in the specific client relationship. The same applies to the corresponding data of the third parties referred to in the foregoing paragraph. The scope of data collection and processing covers also the processing and transfer of data in fulfilment of the respective statutory provisions, in particular in the field of the prevention of money laundering, which in latter case may even take place without the actual or prospective client´s knowledge of consent.

Art 6 para. 1 lit b GDPR (performance of a contract respectively steps prior to entering into a contract), art 6 para. 1 lit a GDPR and art. 9 para. 2 lit a GDPRO (consent), art. 6 para. 1 lit c GDPRO (processing necessary for compliance with a legal obligation), and art. 6 para. 1 lit e (performance of a task carried out in the public interest) provide the legal basis for the processing of the data in the course of the PROVISION OF SERVICES.

4.2 In the course of the WEBSITE´s operation, so-called Cookies are used. Cookies enhance the websites´ user-friendliness and efficiency. A Cookie is a small text file which serves to save information. When visiting a website, latter may place a cookie on the visitor´s computer. If the user visit´s the website again at a later moment, the website is able to read the data contained in the cookie and to determine in this way, if the website´s user has already visited the site previously and in which areas of the website he has shown a particular interest.
For further information on cookies can be found at WIKIPEDIA.

4.2.1 Changing the cookie settings

The user is able to determine in the settings of the web browser, how latter handles cookies and which cookies are allowed or rejected. The place of these settings depends on the respective web browser used. Please access the help feature of the respective web browser in order to obtain detailed information on that issue.
If the utilisation of cookies is restricted, eventually some functions of the website cannot be used.

4.2.2 Cookies on our website

Our website processes the following cookies:

        • Strictly required cookies in order to maintain basic functions of the website.
          • CookieConsent: serves to store the consent to the utilisation of cookies.
          • gaOptout, maOptout, fbOptout: serves for storage of Google Analytics´s output.
        • Functional cookies, in order to ensure the website’s performance
        • Performance-Cookies, in order to enhance the users´ experience.
          • Google Analytics (see below)

4.3 Java- Scripts

4.3.1 Google Webfonts
Our website uses so-called Webfonts in order to display fonts. These are offered by Google (http://www.google.com/webfonts/). For this purpose, when accessing our site, your browser loads the required Webfont in your browser cache. This is necessary in order to enable your browser to show an optically enhanced output of our texts. If your browser does not support this function, one of your computer´s default fonts will be used.
You can find further information on Google Webfonts under: Google-Webfonts.
General information on Google´s data protection and privacy policy is available under: Google Privacy Policy.

4.3.2 YouTube

We use the service provider YouTube LLC with principle place of business in, San Bruno, California for embedding videos. Further information on data processing and privacy policy can be found under: Google Privacy Policy

4.3.3 LinkedIn

We use LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland). Further information on data processing and privacy policy at LinkedIn can be found under: LinkedIn Privacy Policy

4.3.4 Server Log File

For the purpose of monitoring the technical features and enhancing the webserver´s operational reliance, this website processes the following personal in a in a Server Log File on the legal basis of a prevailing legitimate interest pursued by the controller (technical safety measures):

        • content accessed
        • time of the server request
        • type and version of the web browser
        • operating system used
        • Referrer URL
        • IP address
        • hostname of the accessing computer (IP address)

Once their utilisation has finalised, the user´s IP addresses are deleted or anonymised. IP addresses are anonymized in a way that personal data cannot used anymore to identify the users respectively latter can only be identified with disproportionate investment of time and cost.

4.3.5 Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA („Google“) on the legal basis of a prevailing legitimate interests pursued by the controller (analysis of the website´s utilisation). We have agreed upon an agreement on data processing with Google for this purpose.

By accessing our website, a connection to Google´s servers is established via a software and data is partially transferred to Google´s servers located in the USA. In addition, Google Analytics utilises cookies in order to save information relating to the website´s user and in order to analyse the website´s usage by the user.

This website uses the feature “IP-Anonymisation”. Thereby, your IP address is previously abbreviated and by this way anonymised in the territory of member States of the European Union or the European Economic Area. Only in exceptional cases, the full IP address is transferred to one of Google´s servers located in den USA and abbreviated there.

According to Google´s statements, latter will use the collected data in order to analyse the usage of the website, to compile reports on the website´s activities and in order to provide services in connection with the website´s and internet usage.

Furthermore, Google may transfer this information to third parties, in the event and to the extent it is subject to a legal obligation to do so or to the extent third parties process this data on Google´s behalf.

Pursuant to art. 6 para. 1 lit. a GDPR, your consent provides the legal basis for the data processing. With regard to the data transfer to the US, the adequacy decision of the European Commission C/2016/4176 as well as the Privacy Shield certification provide the legal basis.

For detailed information on the treatment of user data by Google Analytics, please refer to its privacy policy under Google respectively under Google Analytics.

4.3.5.1 Disable Google Analytics

          • You can disable the collection of your user data on our website in a general way by selecting „Do Not Track“ in your web browser’s settings. Our website will observe the „Do Not Track“ signal send out by your web browser to all websites.

4.3.5.2 Disable Google Analytics

          • You can disable the collection of your user data by Google Analytics on our website in a general way on all websites by downloading and installing the browser-plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en
          • You can disable your user data´s collection by Google Analytics only on this website by clicking the following link. An Opt-Out-Cookie will be placed that prevents the collection of your data during future visits on the website: disable Google Analytics .

4.3.6 Share Buttons

Our website offers buttons for sharing contents of the website on the social media platforms LinkedIn and YouTube.
These buttons show an optimal configuration with regard to the protection of our visitors´ personal data, because the underlying scripts (software) do not collect or process personal data. Exakte Informationen Detailed information in German on the functionalities of the buttons is offered by the publisher Heise, being the editor of the IT-journal c’t and the developer of the buttons.
By clicking on the buttons, visitors of the website willing to share our site, will be redirected directly to the “Share” sites of the respective social media platform. Only there the scripts required for sharing the contents of the sites are executed. The terms and conditions agreed between the website´s visitor and the respective social media-platform will apply. Detailed information on this topic is offered by the respective platforms.

Linkedin 
Google Privacy Policy

Art. 6 para. 1 lit f GDPR (LEXPORTATEU´s pursuing of a legitimate interest in running and maintaining the website) provide the legal basis for the processing of the data in connection with the WEBSITE.

4.4 In connection with the preparation and sending of CUSTOMER INFORMATION, by completing the contact form and by subscribing to our newsletter, personal data is collected and processed in accordance with the principles set out in the following paragraphs:

4.4.1 Contact form

Following the sending of the contact form, the personal data provided by you will be processed by the data controller on the legal basis of the consent granted in the form for the purpose of the handling of your enquiry.
There does not exist any statutory or contractual obligation for the provision of personal data. If personal data is not provided, the sole consequence deriving from it consists in that we are not able to handle your request.
You are entitled to withdraw your consent at any time in writing, without affecting the lawfulness of processing based on consent before its withdrawal.

4.4.2 E-Mail-Newsletter

By selecting the checkbox you agree to the processing of the personal data provided by you for the purpose of receiving information via a newsletter sent by email on our services, latest topics, etcetera until revoked or objected.

For the purpose of sending the newsletter, we are assisted by the data processor CleverReach, CleverReach Verwaltungs GmbH, Mühlenstr. 43, 26180 Rastede, Germany.
There does not exist any statutory or contractual obligation for the provision of personal data. If personal data is not provided, the sole consequence deriving from it consists in that you won´t receive any email newsletter.
You are entitled to withdraw consent at any time in writing or by clicking the link “unsubscribe” in the email newsletter, without affecting the lawfulness of processing based on consent before its withdrawal.
In the same way, you can file an opposition to the usage of your personal data for the purpose of receiving direct advertising. In the case of an opposition, your personal data will not be processed any longer for the purpose of sending direct advertising via an email newsletter.

Art 6 para. 1 lit a GDPRO (consent) provides the legal basis for the data processing in connection with CUSTOMER INFORMATION.

4.5 For the purpose of COMBINING TEAMS, in addition to the data already mentioned above under PROVISION OF SERVICES, LEXPORTATEU collects data of external team members (both attorneys and other members) or other project staff within our Legal Croudworking-concept. In addition to general data used for the purpose for contacting and identifying the aforementioned persons, this data refers in particular to such data that enables a technical, professional and commercial evaluation of the respective external prospective team member. At request. this data is shared with the respective client, due to the fact that exclusively the respective external team member respectively its law firm and the respective client are parties to the respective service agreement, LEXPORTATEU acting in this respect as a mere agent und project coordinator.

If it comes to a hiring for an individual project, LEXPORTATEU will collect also the data of the respective team member required for invoicing and eventually transfer it to the respective client.

Art 6 para. 1 lit a GDPRO (consent) and art 6 Abs 1 lit b DSGVO (performance of a contract respectively steps prior to entering into a contract) provide the legal basis for the processing of data processing in connection with COMBINING TEAMS.

5. Data transfer to third countries

LEXPORTATEU is processing personal data exclusively on the territory of the Republic of Austria. Despite the existence of further bar admittances in other States, we do not maintain any physical establishments in the meaning of the GDPR in these States, and no data processing takes place there. All our data processors, in particular the ones referred to above under Recipients and scope of data collection and processing, are located within the European Union and subject to the same data protection rules and requirements.

However, in individual cases it may result necessary to transfer data to recipients located in States outside the European Union and the European Economic Area for the purposes of the PROVISION OF SERVICES as well as COMBINING TEAMS. In the event the level of data protection in such States is not equivalent to the level within the EU, we will ensure via the agreement of appropriate contractual stipulations with the respective data processors that guarantees for the compliance of the corresponding level of data protection are in place. You are entitled to request a copy of these guarantees as well as of the data transferred in each case.

6. Duration the processing of personal data

LEXPORTATEU retains personal data only during the period of time required by the purpose of the respective data processing. This results in the following retention periods for the corresponding purposes of data processing:

6.1 In the course of the PROVISION OF SERVICES, in principle 6 years following the termination of the respective contractual relationship. In order to comply with retention periods usually provided for under commercial and tax law, which depending on the applicable jurisdiction can amount to 10 years or more, and in order to comply with statutory obligations against money laundering and financing of terrorism, in individual cases we may be subject to retention periods of up to 40 years.

6.2 In the course of the running of the WEBSITE, no personal data is processed.

6.3 In connection with CUSTOMER INFORMATION, personal data is processed until receipt of the corresponding withdrawal or opposition.

6.4 In the course of COMBINING TEAMS, personal data of the respective (actual or merely prospective) team members are retained for the period applicable to the corresponding contractual relationship with our client (see above).

7. Your rights

You have the following rights in relation to the personal data processed by us:

7.1 Right to access: you are entitled to obtain at any time information by our controller if personal data related to you is processed by us, and in the affirmative case, the purposes of the processing, the categories of personal data concerned, the recipients to whom the personal data have been or will be disclosed, and where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

7.2 Right to rectification or erasure of personal data or restriction of the processing of your personal data: you are entitled to request from the controller the rectification and complete erasure (to the extent legally possible) of your personal data;

7.3 Right to restriction of the processing of your personal data: you are equally entitled to ask our controller to restrict the processing of your personal data to only some issues or certain circumstances;

7.4 Right to portability: to the extent the legal basis for the processing of your personal data is provided by the legal basis of your consent or a contract agreed upon with you, you are entitled to the obtain your personal information in a structured, commonly used and machine-readable format;

7.5 Right to Withdrawal and Opposition: you are entitled to withdraw your consent to the processing of personal data at any time and in some cases to oppose to the usage of your personal data. In both cases, personal data provided by you will not be used anymore by us.

7.6 Right to lodge a complaint: you are entitled to lodge a complaint with the supervisory authority (Austrian Supervisory Authority, Wickenburggasse 8, 1080 Vienna, dsb@dsb.gv.at).

8. Changes to this Privacy Policy

We reserve our right to amend or modify this Privacy Policy unilaterally, in particular in order to comply with eventual future changes in the applicable statutory provisions as well as a potential expansion or modification of our areas of activity. In the case, the amended version enters into force upon its publication on your website, without prejudice to a prior information sent to you via email in order to announce the future changes in due time.