Privacy policy

The EU General Data Protection Regulation, the Data Protection Act 2000 and the Data Protection Amendment Act 2018 serve the right to protection of personal data. We process your data exclusively on the basis of the statutory provisions (DSGVO, DSG 2018, TKG 2003).

1. Person responsible

Person in charge is:
JEANNEE Rechtsanwalt GmbH
FN272646a (Commercial Court Vienna)
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 Rechtsanwälte” is not a civil law partnership, the graphic representation Jeannee Mikula & Partner Rechtsanwälte is a word-picture trademark of JEANNEE Rechtsanwalt GmbH. JEANNEE Rechtsanwalt GmbH is in a permanent substitution relationship with the independent lawyers Reinhard Mikula, Adriana Lukas-Jeannée, Laura Reischenböck, Andreas Weinwurm and Jörg Hemmer. Within the scope of their legal activities as permanent substitutes, they are jointly responsible persons within the meaning of Art. 26 DSGVO with JEANNEE Rechtsanwalt GmbH and have concluded a contract regulating data processing and the allocation of tasks. Further information is available upon request at datenschutz@toplaw.at.

The point of contact for data subjects’ rights and questions and concerns regarding data protection is JEANNEE Rechtsanwalt GmbH, which is responsible for data protection tasks. The protection of your data is particularly important to us. We can be reached at any time for your questions, request or revocation at the contact details below. This document tells you more about how we use and process your personal data.

2. Personal data

Personal data is all data that contains individual information about personal or factual circumstances, for example name, address, email address, telephone number, date of birth, age, gender, national insurance number, video recordings, photos, voice recordings of individuals as well as biometric data such as fingerprints. Auch sensible Daten, wie Gesundheitsdaten oder Daten im Zusammenhang mit einem Strafverfahren können mitumfasst sein.

We collect, process and use your personal data only if there is a legal basis in accordance with the GDPR; this is done in compliance with data protection and civil law provisions. Data collection and processing depends on whether you visit our website, contact us via the contact form, subscribe to our newsletter, are our client or our business partner or supplier. We only collect personal data that is required for the performance and processing of our (legal) services or that you have voluntarily provided to us. If you, as a client, do not want to provide us with data, we cannot conclude an attorney-client relationship with you.

Information pursuant to Art 14 DSGVO (collection of personal data not from the data subject): Furthermore, we inform you that we also process information from third parties on a case-by-case basis (e.g. companies register, GISA, Ediktsdatei, ZMR, credit agencies). This is about contact information, functions and responsibilities in companies, creditworthiness. This processing is based on our legitimate interest in having a complete and up-to-date master data set about you as required for business purposes.

3. Processing of the data

We will not process the data provided to us for purposes other than those covered by the mandate agreement or by your consent or otherwise by a provision in accordance with the GDPR. An exception to this is the use for statistical purposes, provided that the data provided has been anonymised.

4. Consent and right of withdrawal

If your consent is required for the processing of your data, we will only process it after your express consent.
You can revoke your consent at any time at the following e-mail address: datenschutz@toplaw.at. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
In the case of direct advertising (newsletters, e-mails, mail to clients to inform them about our range of services), you also have the right to object at any time to the processing of personal data relating to you for the purpose of such advertising. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes. Please send your objection to datenschutz@toplaw.at. The processing of your personal data for the purpose of direct advertising is not necessary for the processing of a client relationship.

5. Transmission of data to third parties

In order to process your enquiry or fulfil your order, it may also be necessary to forward your data to third parties (e.g. cooperation partners such as lawyers and tax advisors, opposing parties, substitutes, insurance companies, IT support, ERV transfer offices, service providers whom we use and to whom we make data available, such as ADVOKAT Unternehmensberatung Greiter & Greiter GmbH, etc) and courts or authorities. Your data will only be forwarded on the basis of the GDPR, in particular for the fulfilment of your order or on the basis of your prior consent.
Some of the recipients of your personal data mentioned above may be located outside your country or may process your personal data there. The level of data protection in other countries may not correspond to that in Austria. We only transfer your personal data to countries for which the EU Commission has decided that they have an adequate level of data protection or we take measures to ensure that all recipients have an adequate level of data protection. For this purpose, we conclude e.g. standard contractual clauses (2010/87/EC and/or 2004/915/EC). If there are no suitable guarantees, data will only be transferred if this is necessary for the assertion, exercise or defence of legal claims (Article 49 (1) (e) of the GDPR) or for the fulfilment of the mandate (Article 49 (1) (b) or (c) of the GDPR).

6. Retention of data

We will not store data for longer than is necessary for the fulfilment of our contractual or legal obligations (in particular BAO) and for the defence against possible liability claims (limitation periods of up to 30 years). As a newsletter recipient, you will remain stored until you unsubscribe from the newsletter or revoke your consent to receive it. Data of applicants who are not hired will be deleted after 7 months from the date of rejection (§§ 15 para 1, 26 para 1 GlBG plus delivery times) if no consent to keep records has been given.

7. Cookies

This website uses “cookies” to make our services more user-friendly, effective and secure.
A “cookie” is a small text file that we transfer to the browser’s cookie file on your computer’s hard drive 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 determine the frequency of use and the number of users of our Internet pages. The content of the cookies we use is limited to an identification number that no longer allows any personal reference to the user. The main purpose of a cookie is to recognise visitors to the website.
Two types of cookies are used on this website:

– Session cookies: These are temporary cookies that remain in the cookie file of your browser until you leave our website and are automatically deleted at the end of your visit.
– Persistent cookies: For a better user experience, cookies remain stored on your terminal device and allow us to recognise your browser on your next visit.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

8. Server-Log-Files

In order to optimise this website in terms of system performance, user-friendliness and the 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 transmits to us. This includes your internet protocol address (IP address), browser and language setting, operating system, referrer URL, your internet service provider and date/time.
This data is not merged with personal data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use.

9.Google Analytics

This website uses Google Analytics, a web analytics service provided by Google LLC (“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 analyse how users use the site. The information generated by the cookie about your use of this website (such as browser type/version, operating system used, referrer URL, IP address, time of server request) will be transmitted to and stored by Google on servers in the United States. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

On this website, Google Analytics has been extended by the code “anonymizeIp”. By activating IP anonymisation on this website, the masking of your IP address is guaranteed (the last 8 bits of the IP addresses are deleted), so that all data is collected anonymously. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

The use of web analytics requires your consent, which we obtain with our cookie pop-up. According to Art. 6 Para. 1 lit. a DSGVO (consent) constitutes the legal basis for the processing of personal data as may occur during the collection by web analytics tools. Information on the processing of your data collected on this website in the USA by Google: By consenting to the use of cookies (e.g. by clicking “accept all”), you also consent to your data being processed by processors in the USA in accordance with Article 49 (1) sentence 1 lit a DSGVO. There is no adequate level of data protection in the US according to EU standards. US authorities may have access to your data without you having adequate means of legal protection. If you do not accept the Google Analytics cookies, the transmission will not take place. We would like to point out that the rejection is preset in the cookie settings. However, by clicking on “accept all”, you also consent to analytics cookies.

The data sent by us and linked to cookies is automatically deleted after 14 months. The deletion of data whose retention period has been reached takes place automatically once a month.

We have concluded an order processing agreement (data processing addendum) with Google LLC. For more information on Google’s terms of use and privacy policy, see <a href=”https://www.google.com/analytics/terms/de.html“.>https://www.google.com/analytics/terms/de.html</a> or under <a href=”https://policies.google.com/?hl=de“>https://policies.google.com/?hl=de</a> and <a href=”https://support.google.com/analytics/answer/6004245?hl=de“>https://support.google.com/analytics/answer/6004245?hl=de</a>.

10.Google Maps

This website uses Google Maps API to visually display geographical information. Google Maps is a mapping service provided by Google, Inc., located at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA. When using Google Maps, Google also collects, processes and uses data (including IP address) about the use of the Maps functions by visitors to the website.

Google Maps may only set cookies once you have actively clicked on the plugin to display the map. By visiting our website without confirmation on your part by way of the 2-click solution, no data is transmitted to Google.

If you display the Google Maps map, your browser establishes a direct connection with Google’s servers. The map content is transmitted by Google directly to your browser, which then integrates it into the website. Therefore, we have no influence on the scope of the data collected by Google in this way. You can find more information about data processing by Google in Google’s privacy policy. If you do not want Google to collect, process or use data about you via our website, do not click on the plugin to display the map. You can also deactivate JavaScript in your browser settings. In this case, however, you will not be able to use the map display and associated interactive functions. For the purpose and scope of the data collection and the further processing and use of the data by Google, as well as your rights in this regard and setting options for protecting your privacy, please refer to the privacy policy of Google Inc.: http://www.google.de/intl/de/policies/privacy/. The cooperation with Google LLC in terms of data protection law takes place on the basis of a concluded contract on joint responsibility pursuant to Art 26 DSGVO, which can be accessed here.

11.Google Fonts

This website uses so-called web fonts provided by Google LLC to display fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. For this purpose, the browser you use must connect to the servers of Google LLC. This enables Google to know that our website has been accessed via your IP address. Google Fonts are used in the interest of a uniform and appealing presentation of our online presence. This constitutes a legitimate interest within the meaning of Art 6(1)(f) DSGVO. The fonts in question are loaded from Google servers, which are usually located in the USA. The appropriate level of data protection is guaranteed by Google (compliance with agreed standard contractual clauses). The Google privacy policy is available at http://www.google.de/intl/de/policies/privacy/.

12. Contact form

Your details, including personal data, from our contact form are transmitted to us via our own mail server, processed and stored by us in order to process your enquiry. This data will not be passed on. Without this data we cannot process your enquiries.
The data processing is carried out on the basis of the legal provisions of § 96 para 3 TKG and Art 6 para 1 lit a (consent) DSGVO. You give us your consent by sending the request to us.

13. Newsletter

You can sign up for our newsletter on our website. The double opt-in procedure is used for this. After registering, you will receive an email asking you to confirm your registration. You can unsubscribe from the newsletter at any time by clicking on the unsubscribe link at the end of a newsletter. The revocation of consent can also be sent by post or by e-mail to the contact details listed under 1.
We commission processors to send out our newsletter. They have obliged themselves toward us to comply with the applicable data protection regulations. A contract on commissioned processing pursuant to Art 28 DSGVO has been concluded.
The data processing is carried out on the basis of the legal provisions of § 96 para 3 TKG and Art 6 para 1 lit a (consent) DSGVO.

14. Your rights

As a data subject, you have the right to information about your stored personal data at any time – subject to the lawyer’s duty of confidentiality – as well as the right to correction, data portability, objection, restriction of processing and deletion (insofar as there is no obligation to retain the data).
If there are any changes to your personal data, please inform us accordingly.
You have the right to revoke your consent to the use of your personal data at any time. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until revocation. Your requests for information, cancellation, rectification, objection and/or data transmission, in the latter case provided that this does not involve a disproportionate amount of effort, may be sent to the address of the law firm indicated in point 1 of this statement by post or by e-mail to datenschutz@toplaw.at.
If you are of the opinion that the processing of your personal data by us violates the applicable data protection law or that your data protection rights have been violated in some other way, you have the option of complaining to the competent supervisory authority. In Austria, the competent authority is the Data Protection Authority (Wickenburggasse 8-10, 1080 Vienna, e-mail: dsb@dsb.gv.at).

JEANNEE Rechtsanwalt GmbH