I. Name and address of the data controller
The data controller in the sense of the General Data Protection Regulation and other national data protection regulations of the EU Member States, as well as other data protection regulations, is:
KAMINSKI HARMANN PATENTANWÄLTE AG
Landstrasse 124
FL-9490 Vaduz
Liechtenstein
T +423 399 10 00
T +423 399 10 49
patents@khp-law.li
trademarks@khp-law.li
II. Contact data of data protection officer
For privacy-related questions, please mail to privacy@khp-law.li.
III. General information on data processing
1. Scope of personal data processing
We process our users' personal data only to the extent required to provide a functional website, our content and services. In general, any processing of personal user data is subject to your respective consent. Exceptions shall only be circumstances under which prior consent can de facto not be obtained and processing of said data is permitted by law.
2. Legal basis for the processing of personal data
If we obtain the data subject’s consent to process their personal data, Art. 6 par. 1 lit. a EU Data Protection Regulation (GDPR) serves as legal basis.
For the processing of personal data required to fulfill of a contract to which the data subject is a party, Art. 6 par. 1 lit. b GDPR serves as legal basis. This shall also apply to processing required for the performance of pre-contractual measures.
If the processing of personal data is required to fulfil a legal obligation we are subject to, Art. 6 par. 1 lit. c GDPR serves as legal basis.
In the event that vital interests of the data subject or any other individual require the processing of personal data, Art. 6 par. 1 lit. d GDPR serves as legal basis.
If processing is required to safeguard any legitimate interest of our company or any third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 par. 1 lit. f GDPR serves as legal basis.
3. Data deletion and retention period
The personal data of a data subject shall be deleted or disabled as soon as the purpose of storage ceases to exist. Furthermore, data may be stored for longer periods if this has been provided for by the European or national legislation in EU regulations, laws or other provisions to which the data controller is subject. Data will also be disabled or deleted if any retention period stipulated by the abovementioned standards expires, unless further retention of the data is a required to conclude or fulfill a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Whenever you access our website, our system automatically collects data and information from the accessing computer’s system.
This data is collected:
- (1) Information on the type and version of browser used
- (2) The user’s operating system
- (3) The user's Internet service provider
- (4) The user's IP address
- (5) Date and time of access
- (6) Websites from which the user's system accesses our website
- (7) Websites accessed by the user's system via our website
The data is also stored in the log files of our system. This data is not stored together with user’s other personal data.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 par. 1 lit. f GDPR.
3. The purpose of data processing
Temporary storage of the IP address by the system is required to facilitate the website’s provision on the user's computer. For this reason, the user's IP address has to be stored for the duration of the session.
The data is stored in log files to ensure the website's functionality. Moreover, we use the data to optimize our website and ensure our IT systems remain safe. Data will not be evaluated or analyzed for marketing purposes in this context.
These purposes also encompass our legitimate interest in data processing in accordance with Art. 6 par. 1 lit. f GDPR.
4. Retention period
The respective data shall be deleted as soon as they are no longer required for the purpose they were collected for. In the case of data collected in order to make the website available, this is generally the case when the respective session has ended.
Should data be stored in log files, these will be deleted after thirty days at the latest. However, further retention may be possible. In this case, the user's IP addresses shall be deleted or alienated to prevent any identification of the accessing client.
5. Objection and removal options
The collection of data to provide the website its storage in log files is essential for operating this website. Therefore, users have no right of objection.
V. Our cookie policy
a) Description and scope of data processing
On our website we also use cookies which allow for analyzing the user's browsing habits.
Cookies are text files that are stored in or by the internet browser on the user's computer system. If a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a distinctive character string that allows for clearly identifying the browser when the website is accessed again.
The user data collected this way is pseudonymized by technical provisions. It is therefore no longer possible to link the data to the accessing user. The data is not stored with users' other personal data.
b) Legal basis for the data processing
The legal basis for processing personal data using cookies is Art. 6 par. 1 lit. a GDPR.
c) Purpose of data processing
The analysis cookies are used to improve the quality of our website and its content. By using analysis cookies, we learn how the site is used and can constantly optimize our service.
These purposes also encompass our legitimate interest in data processing in accordance with Art. 6 par. 1 lit. f GDPR.
e) Retention period, objection and removal options
Cookies are stored on the user's computer and transmitted to our site. You therefore have full control on the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings of your internet browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all of the website's features.
VI. E-mail contact
1. Description and scope of data processing
On our website, we provide e-mail addresses that serve to contact us. When you contact us by e-mail, the user's personal data transmitted along with that e-mail will be stored.
This data will not be disclosed to third parties in this context. The data will exclusively be used to process your inquiry.
2. Legal basis for data processing
The legal basis for processing the data transmitted by sending e-mails to us is Art. 6 par. 1 lit. f GDPR. If you send us an e-mail with the intention of entering into a contract, the additional legal basis for the processing is Art. 6 par. 1 lit. b GDPR.
3. The purpose of data processing
Contacts made by e-mail also constitute the required legitimate interest in processing the data.
4. Retention period
The respective data shall be deleted as soon as they are no longer required for the purpose they were collected for. For personal data sent by e-mail, this is the case when the respective conversation with the user has been completed. The conversation will have ended when it is evident from the circumstances that the matter at hand has been conclusively resolved.
5. Objection and removal options
Users may revoke their consent to the processing of personal data at any time. Users who contacted us by e-mail can object to the storage of their personal data at any time. It will not be possible to continue the conversation in this case.
All personal data stored in the course of contacting us will be deleted as a result.
VII. Web analysis by Google Analytics
1. Scope of personal data processing
This website uses Google Analytics, a web analysis service. Google Analytics is provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.
Google Analytics uses “cookies" (see above). The information generated by the cookie about your use of the website is usually transmitted to and stored by Google on servers in the United States. You may disable the cookies as described above.
IP anonymization
We have activated the IP anonymization feature on this website. Your IP address will be truncated by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases full IP addresses will be transmitted to US-based Google servers and abbreviated there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports about website activity and to provide the website operator with other services related to the use of this website and the internet in general. The IP address provided by your browser as part of Google Analytics will not be combined with other data from Google.
2. Legal basis for the processing of personal data
The legal basis for processing the user’s personal data is Art. 6 par. 1 lit. f GDPR.
3. The purpose of data processing
The processing of users' personal data enables us to analyze our users’ browsing habits. Evaluating the information thus obtained enables us to compile information regarding the use of individual website components. This helps us to continuously improve our website and its user-friendliness. These purposes also encompass our legitimate interest in data processing in accordance with Art. 6 par. 1 lit. f GDPR. By anonymizing the IP address, the users’ interest in protection of their personal data is sufficiently accounted for.
4. Retention period
The respective data will be deleted as soon as they are no longer required for our recording purposes.
5. Objection and removal options
Cookies are stored on the user's computer and transmitted to our site. You therefore have full control on the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings of your internet browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all of the website's features.
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected when you visit this website in the future: Deactivate Google Analytics.
For more information about how Google Analytics treats user data, please refer to Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de
VIII. Rights of the data subject
If your personal data is processed, you are a data subject as defined by the GDPR and have the following rights towards the data controller:
1. Right to information
You are entitled to request the data controller to confirm that we will process your personal data.
If such processing takes place, you may demand the data controller informs you about:
- (1) the purposes for which your personal data will be processed;
- (2) the types of personal data being processed;
- (3) the recipients or types of recipients to whom your personal data has been or will be disclosed;
- (4) the intended retention period for your personal data or, if specific information in this respect cannot be given, the criteria for defining the retention period;
- (5) whether or not you have the right to have your personal data rectified or deleted or if you may restrict processing by the data controller or object to such processing;
- (6) whether or not you have the right to lodge a complaint with a supervisory authority;
- (7) any available information on the origin of the data if the personal data has not been collected from the data subject.
You have the right to request being informed if your personal information will be transmitted to a third-party country or an international organization. In this respect, you can request the appropriate guarantees in accordance with Art. 46 GDPR regarding the transmission.
2. Right to rectification
You are entitled to demand the data controller rectifies and/or completes your personal data if the latter are incorrect or incomplete. Suchlike rectification shall be made immediately.
3. Right to restrict processing
Given the conditions below, you may request that the processing of your personal data be restricted:
- (1) you contest the correctness of your personal for a period that allows the data controller to verify the correctness of said data;
- (2) the processing is unlawful and you do not the personal data to be deleted but instead request its use being restricted;
- (3) the data controller no longer needs the personal data for processing purposes, but you need them to establish, exercise or defend legal claims, or
- (4) you have objected the processing in accordance with Art. 21 par. 1 GDPR and it is not yet clear whether or not the data controller’s legitimate reasons outweigh your interests.
If the processing of your personal data has been restricted, said data – apart from being stored – may only be processed with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of other individuals or legal entities or on the grounds of an important public interest of the Union or of a Member State.
If the processing has been restricted in accordance with the above conditions, you will be informed by the data controller before the restriction is cancelled.
4. Right to deletion
a) Obligation to delete data
You have the right to demand the data controller deletes your personal data without undue delay and the data controller shall have the obligation to do so without undue delay, if any of the below circumstances applies:
(1) your personal data is no longer required for the purposes it was collected or otherwise processed for;
(2) you revoke your consent which the respective processing was based on pursuant to Art. 6 par. 1 lit. a or Art. 9 par. 2 lit. a GDPR and there is no other legal basis for processing;
(3) you object to the processing pursuant to Art. 21 par. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 par. 2 GDPR.
(4) your personal data has been unlawfully processed.
(5) the deletion of your personal data is required to comply with legal obligations according to Union law or the laws of the Member States which the data controller is subject to.
(6) your personal data has been collected in relation to the offer of information society service referred to in Article 8 par. 1 GDPR.
b) Transfer of personal data to third parties
If the data controller has made your personal data publicly available and is obliged to delete it in accordance with Art. 17 par. 1 GDPR, it shall take appropriate measures (including technical ones), taking into account the technology available and the implementation costs, to inform data processors of the personal data that a data subject has requested the data (and all links to such personal data or copies or replications thereof) to be deleted.
c) Exclusions
The right to deletion does not exist if processing is necessary
(1) to exercise rights to freedom of expression and information;
(2) to meet legal obligations required for processing under the law of the Union or the Member States which the data controller is subject to or to fulfill tasks that are of public interest or exercised on behalf of official authorities which were conferred to the data controller;
(3) for reasons of public interest in relation to public health in accordance with Art. 9 par. 2 lit. h and i and Art. 9 par. 3 GDPR;
(4) for archiving purposes of public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 par. 1 GDPR, to the extent that the law referred to in a) is likely to render the attainment of the objectives of such processing impossible or seriously compromise it; or
(5) to assert, exercise or defend legal claims.
5. Right to be informed about third parties involved
If you have exercised your right to have the data controller correct, delete or restrict the processing, the data controller is obliged to inform all recipients to whom your personal data has been disclosed of said correction or deletion of the data or restriction on processing, unless this turns out to be impossible or involves unreasonable efforts.
You are entitled to request the data controller informs you on the respective recipients.
6. Right to data portability
You have the right to receive your personal data provided to the data controller in a structured, commonly used and machine-readable format. Moreover, you have the right to transmit this data to another controller without hindrance from the controller to which the personal data have been provided, if
(1) the processing is based on consent pursuant to Art. 6 par. 1 lit. a or Art. 9 par. 2 lit. a GDPR and there or a contract as per Art. 6 par. 1 lit. b GDPR and
(2) processing is carried out using automated methods.
In exercising this right, you also have the right to have the personal data transmitted directly from one data controller to another, if technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability shall not apply to the processing of personal data required for fulfilling tasks of public interest or exercising official authority which were conferred on the data controller.
7. Right of objection
For reasons related to your specific situation, you are at any time entitled to object to the processing in accordance with Art. 6 par. 1 lit. e or f GDPR.
The data controller will no longer process your personal data unless they can prove compelling legitimate reasons for suchlike processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8. Right to withdraw data protection consent
You have the right to revoke your data protection consent at any time. The revocation of consent shall not affect the lawfulness of any processing undertaken on the basis of this consent before its withdrawal.
9. Right to file a legal complaints with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to file legal complaints with a supervisory authority, in particular in the Member State where you reside, work or where the infringement is suspected, if you believe that the processing of your personal data constitutes a violation of GDPR provisions.
The supervisory authority with which the appeal has been filed shall inform the appellant of the status and results of the appeal, including the possibility of a judicial remedy as per Art. 78 GDPR.