Data privacy


1. General information

This data privacy notice explains how and why Clifford Chance Deutschland LLP collects and uses personal data from users of this website. As a website operator, we take your data privacy very seriously and treat your personal data confidentially in line with statutory regulations. With this data privacy notice being updated from time to time to reflect new technologies and the ongoing development of the website, we recommend that your read it again at regular intervals. Definitions of the terms used (e.g. "personal data" and "processing") can be found in Article 4 of the General Data Protection Regulation (GDPR).

2. Controller and Data Protection Officer

The "controller" of this website within the meaning of the GDPR, other data privacy laws in the member states of the European Union and other data privacy regulations is:

Clifford Chance Deutschland LLP Mainzer Landstraße 46 60325 Frankfurt am Main Germany

To contact the Data Protection Officer, please send an email to:

dataprivacy@CliffordChance.com

3. Access data

As the operator of the website, we collect data on access to the website and save it as server logfiles on our web server because we have a legitimate interest in doing so (see Article 6 (1) lit. f. GDPR).

This includes the following data:

• website visited • when each website is accessed • volume of data sent (in bytes) • source/referrer from which you were directed to the site • browser used • operating system used • IP address uses

The server logfiles are stored for a maximum of 90 days and then deleted. Data is stored for security reasons, e.g. to look into usage violations. If data has to be saved as evidence, it is not deleted until the relevant case has been completely resolved. The temporary storage of data is necessary to enable the user to switch pages on the website and to display the relevant information on the user's device. Beyond that, the protocol files are stored to ensure the functionality of the website and the security of our IT systems. For these reasons, we have a legitimate interest in processing the data.

4. Internet audience measurement and cookies

This website uses cookies for anonymised internet audience measurement. The cookies are transmitted to the user's browser either by our server or a third-party server. Cookies are information transmitted by our web server or third-party web servers to the user's browser and stored there for future use. Cookies can be small files or other forms of stored information. Using cookies makes for a more user-friendly experience and increases website security. This data privacy notice is designed to inform you about the use of cookies in the context of anonymised internet audience measurement. If you do not want cookies stored on your device, please deactivate the relevant options in your browser settings. Stored cookies can also be deleted in these settings. You can opt out of the use of cookies for internet audience measurement and interest-based advertising on the opt-out page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and on this US site (http://www.aboutads.info/choices) or this European site (http://www.youronlinechoices.com/uk/your-ad-choices/). Most browsers offer you the option of blocking cookies. Note: If you select these settings, we cannot guarantee that you will be able to use all the features of this website in full.

We use the following cookies:

_ga
Used by Google Analytics (https://www.google.com/analytics/) to distinguish unique users this website, by using a randomly generated number as the unique identifier. Expires after 2 years.

_gat
Used by Google Analytics to limit the number of requests that can be made by the user. This cookie does not store any user information. Expires after 10 minutes.

_gid
Used by Google Analytics to understand the user journey (or session) a visitor to this website takes when using the site. Expires after 24 hours.

_utma
Used by Google Analytics to determine whether a web user is a new or returning visitor. Expires after 2 years

_utmb
Used to calculate how long you browse the website for and takes a timestamp when you first enter the site. Expires after 30 minutes_utmcUsed to calculate how long you browse the website for, and takes a timestamp when you leave the website. Expires when the browsing session ends

_utmz
Used by Google Analytics to determine where the visitor came from before they arrived at this website - commonly known as the referrer or referring page. Expires after 6 months.

5. Recording and processing of personal data

We collect, use and pass on your personal data only where permitted by law or where you have consented to such data collection. Personal information includes all information which serves to determine who you are or which can be traced back to you and may allow you to be identified, for instance your name, email address, telephone and employer. However, this data will only be captured when you access this website if you send us the contact form. You can also visit the website without providing your personal details. To improve our online service, however, we save the data on your access to this website (in anonymous form). This access data includes the file requested by you, the name of your internet provider or your IP address, for instance. As data is anonymised, it is not possible to identify you on this basis. Each time you access content on the website, data which could potentially identify you is saved temporarily.

We have a legitimate interest in processing personal data to optimise our online service.

6. Handling of contact data

If you contact us in our capacity as website operator using the options provided, your details will be stored in order to process and respond to your enquiry. We will not share this data with third parties without your consent.

Contact form

Our website has a contact form for online enquiries. If you write to us using this form, we will process the data provided on the form in order to contact you and respond to your enquiry. To avoid collecting unnecessary or excessive data, we only request data specifically required to contact you, i.e. your email address and the message itself. In addition, due to technical and legal requirements, we also process your IP address. All the other fields are optional and information can be provided on a voluntary basis (e.g. so we can provide you with more specific response to your enquiry). If you contact us by email, we will only process the personal data provided in the email for the purpose of responding to your enquiry. If you do not use the form to contact us, no other data will be collected. The legal basis for this is Article 6 (1) lit. a, b GDPR.

7. Google Analytics

Based on our legitimate interests, this website uses the "Google Analytics" service offered by Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA) for the optimisation and analysis of our online service within the meaning of Art. 6 (1) lit. f GDPR. The service (Google Analytics) uses "cookies" – text files that are stored on your device. The information collected by the cookies is usually sent to a Google server in the US and stored there. This website uses IP anonymisation. The IP address of the users is shortened within the member states of the EU and the European Economic Area and in the other member states that have signed the agreement. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Due to such shortening, the personal reference to your IP address is eliminated. The IP address of the user transmitted by the browser is not combined with other data stored by Google. In line with the order data processing agreement that we, the website operators, have entered into with Google Inc., Google Inc. compiles an analysis of website usage and website activity using the collected data and provides services connected to the use of the internet. The data collected by Google based on our order is used to analyse the use of our online service by individual users, e.g. to create reports about website activity and improve our online service. You can prevent the storage of cookies on your device by selecting the relevant options in your browser setting. We cannot guarantee that you will be able to use all features of this website in full if your browser does not accept cookies. By using a browser plug-in, you can also prevent the transmission of the information collected by cookies (including your IP address) to Google Inc. and as well as the processing of this data by Google Inc. The relevant plug-in can be found here: https://tools.google.com/dlpage/gaoptout?hl=de Alternatively, you can click this link to prevent Google Analytics from collecting data about you on this website. Click the link above to download an opt-out cookie. Please note that this will only work if your browser is set to allow cookies. If you regularly delete your cookies, you must click the link again each time you visit this website. You can find further information about data usage by Google Inc., settings and opt-out options in Google's privacy notice:

• https://policies.google.com/privacy/partners?hl=de (information collected by Google partners) • https://adssettings.google.de/authenticated (settings for advertising to be displayed to you) • https://policies.google.com/technologies/ads?hl=de (use of cookies in advertising)

8. Google Tag Manager

This website uses Google Tag Manager. Google Tag Manager allows website tags to be managed through an interface. The Tag Manager tool only implements tags. This means that no cookies are used and no personal data is collected. The tool triggers other tags, which in turn collect data if necessary. However, Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, it remains valid for all tracking tags if they are implemented with Google Tag Manager. As regards the processing of personal user data, reference is made to the information below on Google services. Terms of Service: https://www.google.com/intl/de/tagmanager/use-policy.html.

9. Use of social media plug-ins

9.1. Facebook

In view of our legitimate interest in analysing, optimising and operating our online service (within the meaning of Article 6 (1) lit. f. GDPR), this website uses the Facebook social plug-in operated by Facebook Inc. (1 Hacker Way, Menlo Park, California 94025, USA). You will recognise the links to Facebook from the Facebook logo and the terms "Like" and "Share" in the Facebook colours (blue and white). Information on all Facebook plug-ins is available at: https://developers.facebook.com/docs/plugins/ The plug-in establishes a direct connection between your browser and the Facebook servers. As the website operator, we have no influence on the nature and scope of the data which the plug-in transmits to the servers run by Facebook Inc. Further information is available at: https://www.facebook.com/help/186325668085084 The plug-in informs Facebook Inc. that you have visited this website. Your IP address may be stored. If you are logged in to your Facebook account when your visit our website, this information is linked to your account. If you use the plug-in features, e.g. by sharing or liking an article, this information is also passed on to Facebook Inc. If you wish to prevent Facebook Inc. from linking this data to your Facebook account, please log out from Facebook before you visit this website and delete any cookies stored. You can select further options on data processing for advertising purposes in your Facebook profile, or opt out of having your data used for advertising purposes. Click on these links for the relevant settings:

• Facebook profile settings: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen • Cookie deactivation page for US websites: http://optout.aboutads.info/?c=2#!/ • Cookie deactivation page for European websites: http://optout.networkadvertising.org/?c=1#!/

Facebook's data privacy policy provides more information on the data which Facebook collects, uses and processes, the extent to which it does so and the reasons for this. It also outlines your rights and the privacy settings you can select. You can find the policy here: https://www.facebook.com/about/privacy/

9.2.Twitter

Our website may contain features and content from Twitter provided by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. These may include images, videos or text and buttons enabling users to share content from this website on Twitter. If visitors to our website are on Twitter, Twitter can match the content and features viewed to its users' profiles. Data privacy notice: : https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization.

9.3. Instagram

Our website may contain features and content from Instagram provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025. These may include images, videos or text and buttons enabling users to share content from this website on Instagram. If visitors to our website are on Instagram, Instagram can match the content and features viewed to its users' profiles. Instagram's data privacy notice: http://instagram.com/about/legal/privacy/. Opt-Out: https://www.instagram.com/accounts/privacy_and_security/

9.4. LinkedIn

Our website may contain features and content from LinkedIn provided by LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland. Data privacy notice https://www.linkedin.com/legal/privacy-policy, opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

9.5. YouTube

We post YouTube videos from the provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Data privacy notice: https://www.google.com/policies/privacy/, opt-Out: https://adssettings.google.com/authenticated.

9.6. Xing

Our website also uses the XING network's share function. This is provided by XING AG, Dammtorstrasse 29-32, 20354 Hamburg, Germany. If you click on XING's share button (a plug-in), a separate browser window will take you to your user account with XING (provided you are logged in), where you can share and comment on the articles published on our website. The plug-in establishes a direct connection between your browser and the XING server. As a result, XING receives information on your visit to our website from your IP address. Please note that we are not aware of the content of the (personal) data transmitted or how XING uses it. Further information is available in XING's data privacy notice at: https://www.xing.com/app/share?op=data_protection.

10. Rights of data subjects / users

10.1. Right of access

On request, you have the right to be informed free of charge about which personal data is being stored or processed in relation to you (Article 15 GDPR).

10.2. Right to rectification

You also have the right to have any data relating to you rectified pursuant to Article 16 GDPR if it is (no longer) correct. If your data is incomplete, you can request that it be completed.

10.3 Right to erasure

Provided your request does not conflict with any statutory duties to preserve data (e. g. data retention obligations), you are entitled to have your personal data erased pursuant to Article 17 GDPR. Any such data saved by us will be deleted provided it is no longer required for its designated purpose and we have no statutory duties to preserve it. If data cannot be deleted because it is required for purposes permitted by law, restrictions will be imposed on the processing of such data. This involves blocking the data and not processing it for other purposes.

10.4. The right to restriction of processing

Pursuant to Article 18 GDPR, you have the right to demand restrictions on the processing of your personal data.

10.5 Right to data portability

Provided the requirements set out in Article 20 (1) GDPR are met, you may request to have data which we process automatically based on your consent or in order to fulfil a contract handed over to you or a third party. The capturing of data to display the website and the storage of protocol files are essential for the operation of our internet presence. This means they are not based on consent pursuant to Article 6 (1) lit. a GDPR or a contract pursuant to Article 6 (1) lit. b GDPR. Rather, data is captured and stored with legitimate reason based on Article 6 (1) lit. f GDPR. Hence, the requirements of Article 20 (1) GDPR are not met in this respect.

10.6. Right to file complaints

If you think that the processing of your personal data breaches data protection laws, you are entitled pursuant to Article 77 (1) GDPR to file a complaint with a data protection supervisory authority of your choice. This includes the data protection authority responsible for the controller, which is the Commissioner for Data Protection and Freedom of Information of the Federal State of Hesse, Postfach 3163, 65021 Wiesbaden, poststelle@datenschutz.hessen.de.

10.7. Right to object

Users of this website can assert their right to object to the processing of their personal data at any time. In accordance with Article 21 GDPR, you have the right to object, on grounds relating to your particular situation, to the processing of your personal data based on Article 6 (1) f) GDPR. In our capacity as controller, we shall then no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. The capturing of data to display the website and the storage of protocol files are essential for the operation of our internet presence.

If you would like to have your personal data corrected, blocked or deleted, if you require information on the personal data stored on you, if you have questions regarding the collection, processing or use of your personal data or if you would like to revoke any consent you have granted, please contact us at the following email address: dataprivacy@CliffordChance.com

11. Period for which personal data is stored

The length of time for which we store personal data is based on the respective statutory retention period. After this period, the data is routinely deleted provided it is no longer required to fulfil a contract or conclude a new contract. Please note that sometimes the provision of personal data is required by law (e.g. for tax reasons) or on the basis of contractual provisions (e.g. requiring information on the contractual parties). In some cases, it may be necessary to conclude a contract in which the party to such contract provides us with personal data which we then have to process. The relevant party is obliged to provide us with personal data if our firm enters into a contract with them, for instance. Failure to provide personal data would make it impossible to conclude a contract with such party. This website is hosted by Foleon B.V., Transformatorweg 38-72, 1014 AK, Amsterdam, the Netherlands, email address: info@foleon.com. The host receives the aforementioned data in its capacity as processor.

Last updated on 25 November 2019

© Clifford Chance 2019