Eisenberger & Herzog Rechtsanwalts GmbH (hereinafter “we“, “us” or “E&H“) attaches great importance to the protection of your personal data (hereinafter “data“). E&H complies with the applicable data protection laws, in particular the EU General Data Protection Regulation (hereinafter “GDPR“) and the Austrian Data Protection Act (hereinafter “DPA“), and takes appropriate technical and organisational measures to ensure a level of security appropriate to the risk of personal data processed by E&H. These measures are designed to ensure the integrity, confidentiality and availability of your data.
With regard to the processing of your data, we would like to inform you about the following:
1. Contact details
The data collected from you will be processed by E&H as the data controller. E&H’s contact details are as follows:
Vienna Twin Tower
1100 Vienna, Austria
Phone: +43 1 606 3647 0
Fax: +43 1 606 3647-58
8010 Graz, Austria
Phone: +43 316 3647
Fax: +43 316 3647-58
9020 Klagenfurt am Wörthersee, Austria
Phone: +43 463 203 36 4
Fax: +43 463 203 36 4 599
2. Purposes oft he processing, legal basis
We only process data necessary for offering and providing our legal services or data you have voluntarily made available to us.
We process your data only for the following purposes and based on the following legal basis provided for in the GDPR:
- Processing in the context of legal services: We process your data (a) in order to be able to identify you as our client (in particular in connection with professional due diligence and to avoid participation in money laundering and the financing of terrorism) and (b) in the context of providing legal advice and representation. This processing takes place in order to fulfill a contract or it is required to fulfill a legal obligation of E&H.
- Newsletter: In addition to client-related communication, from time to time we also send newsletters by e-mail with general legal information, information about our legal services and our events – this is provided on a voluntary basis, free of charge and without any liability for completeness and correctness. Our newsletter may be addressed to
- existing or potential business partners (especially clients). In this case, the newsletter may be sent to you on the basis of our legitimate interest in informing you about current legal developments, our legal services and our events (“direct marketing“).
- other interested parties who have expressly consented thereto.
Any other use of your data will only take place if there is another legal basis in accordance with the GDPR; compliance with data protection and civil law provisions will be ensured.
In principle, we collect the data directly from you. Furthermore, please note that in the context of providing legal representation and support, we may also obtain factual and case-related information from third parties (such as publicly accessible directories, courts or authorities).
3. Recipients and categories of recipients
E&H will not transfer your data to third parties, unless it is necessary to fulfil our (contractual) obligations, required by law or authorities or permitted for some other reason (for example because you have given your consent).
Your data will be transferred for the above-mentioned purposes in particular to the following recipients and categories of recipients:
- E&H employees: Only those E&H employees who need to know your data in order to fulfill the above-mentioned purposes will have access to it.
- Third parties: Within the scope of our legal activities, it may also be necessary to transfer your data to third parties (e.g. opponents, substitutes, notaries, insurance companies, service providers of whom we make use of and to whom we make data available, bar association, etc.), courts or authorities (incl. tax offices). Your data will only be transferred on the basis of the GDPR, in particular in order to fulfil your order, on the basis of your prior consent or on the basis of statutory provisions.
- Processors: Your data will also be processed by processors on our behalf. These are in particular marketing tool providers, IT service providers (in particular computer centres and IT maintenance services) and providers of (lawyer) software solutions (in particular “Advokat”). These processors process your data exclusively on our behalf and in accordance with our instructions.
Some of the recipients of your data mentioned above are seated or process your data outside the European Union (in so-called third countries). The level of data protection in these countries may not be the same as in Austria. However, we only transfer your data (i) to countries for which the EU Commission has decided that they have an adequate level of data protection, (ii) to recipients certified under the EU-US Privacy Shield Framework or (iii) we take measures to ensure that the recipient has an adequate level of data protection (in particular by concluding standard contractual clauses (2010/87/EC and/or 2004/915/EC)).
4. Data security
Notwithstanding efforts to maintain a consistently high level of due diligence, the possibility cannot be excluded that information you provide to us via the internet may be viewed and used by others.
Please note that we therefore cannot accept any liability for the disclosure of information due to errors in data transmission and/or unauthorised access by third parties for which we are not responsible (e.g. hacking of email accounts or telephone, interception of faxes).
5. Duration of storage of your data
We only store your data for as long as necessary to fulfil the purposes described above or as otherwise necessary to fulfil our contractual or legal obligations. In any case, we store the data you disclosed until the expiry of limitation periods for any legal claims (in particular to defend ourselves against any liability claims) or for as long as this is required by statutory retention obligations.
6. Your rights as a data subject
According to the applicable law, as the data subject you have – under consideration of the obligation of professional secrecy for lawyers – at any time the right to:
- request access to the data we process about you,
- rectificaton of wrong data,
- data portability,
- restriction of processing as well as
- erasure (“right to be forgotten”).
If your data is processed on the basis of our legitimate interest, you have the right to object at any time to the processing of data concerning you for reasons arising from your particular situation; this applies in particular to the processing of data for the purpose of direct marketing.
Furthermore, you have the right to withdraw your consent to the processing of your data with effect for the future at any time if the processing is based on your consent.
These rights can be asserted towards E&H. To exercise your rights, please contact us at the above contact details, in particular at firstname.lastname@example.org.
We ask you to inform us accordingly, as soon as your personal data changes.
If you are of the opinion that our processing of your data violates the applicable data protection laws or that your data protection claims have been violated in any other way, you can complain to the competent supervisory authority (in Austria: the Data Protection Authority).