This privacy policy is based on the template of Professor Dr. Thomas Hoeren and staff of the Forschungsstelle Recht of the DFN Association, as of January 2025.
1. Name and Address of the Controller
The controller within the meaning of the GDPR and other national data protection laws of the Member States as well as other data protection provisions is:
Attorney-at-Law (Germany) Maximilian Kroker
Heiligenseestr. 108A
13503 Berlin
Germany
Email: kontakt@kroker.legal
OpenPGP: EE1CB007D8583831CA0AD6E5A81D4482C46977AA
General Information on Data Processing
Scope of the Processing of Personal Data
The law firm processes personal data of visitors to the websites kroker.legal, kroker-legal.de, rechtsanwalt-kroker.de, and kanzlei-kroker.de only to the extent necessary to provide a functional website as well as our content and services.
Legal Basis for the Processing of Personal Data
- Where the law firm obtains the consent of the data subject for processing operations of personal data, Art. 6(1)(a) GDPR serves as the legal basis.
- For the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual measures.
- Where processing of personal data is necessary to comply with a legal obligation to which our firm is subject, Art. 6(1)(c) GDPR serves as the legal basis.
- In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6(1)(d) GDPR serves as the legal basis.
- If processing is necessary for the purposes of the legitimate interests pursued by our firm or by a third party, and these interests are not overridden by the interests, fundamental rights, and freedoms of the data subject, Art. 6(1)(f) GDPR serves as the legal basis.
Storage or Access to End-Device Information
- If the law firm stores information on or accesses information from the end device of the data subject based on consent, Section 25(1) Telecommunications-Telemedia-Data Protection Act (TDDDG) serves as the legal basis.
- If storage of or access to information on the end device is strictly necessary to provide a digital service expressly requested by the user, Section 25(2)(2) TDDDG serves as the legal basis.
Data Erasure and Storage Period
Personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if required by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless continued storage is necessary for the conclusion or performance of a contract.
3. Provision of the Website and Creation of Log Files
Description and Scope of Data Processing
Each time the law firm’s websites are accessed, the system automatically collects data and information from the computer system of the accessing device.
The following data are collected:
- Information about the browser type and version used
- The operating system of the user
- The user’s internet service provider
- The IP address of the user
- Date and time of access
- Websites from which the user’s system reaches our website
- Websites accessed by the user’s system via our website
The data are also stored in the system log files. The IP addresses of the user or other data that allow the data to be attributed to a specific user are not affected. These data are not stored together with other personal data of the user.
Legal Basis for Data Processing
- Temporary storage of data is based on Art. 6(1)(f) GDPR and Section 25(2)(2) TDDDG.
- Processing by the firm’s hosting provider (Strato GmbH) is based on Art. 28(3) GDPR.
Purpose of Data Processing
Temporary storage of the IP address by the system is absolutely necessary to enable the website to be delivered to the user’s device. For this purpose, the user’s end-device information must be processed for the duration of the session.
Storage Period
Data are deleted as soon as they are no longer required to achieve the purpose of their collection. For data collected to provide the website, this is the case when the session ends. For data stored in log files, this is the case after a maximum of six weeks.
Possibility of Objection and Removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Therefore, there is no possibility of objection on the part of the user.
4. Contact
Description and Scope of Data Processing
It is possible to contact the law firm via the provided email addresses, appointment booking function, or telephone number. In such cases, the personal data transmitted by the user through email, the appointment booking function, or telephone are stored.
The appointment booking function and subsequent video call via Nextcloud Talk are operated on a Nextcloud instance hosted at the law firm’s premises. Cookies (including ocmwlwo3gjgx, nc_sameSiteCookielax, nc_sameSiteCookiestrict, or oc_sessionPassphrase) are set in the user’s browser (end device) in order to ensure the security of the law firm’s IT systems and to provide the expressly requested service.
Email communication is handled through the law firm’s hosting provider (Strato GmbH).
The data are used exclusively for processing the communication. These data are not stored together with other personal data of the user.
Legal Basis for Data Processing
- The legal basis for processing data transmitted in the course of contacting the law firm is Art. 6(1)(f) GDPR and Section 25(2)(2) TDDDG.
- If the contact is aimed at concluding a contract, an additional legal basis for processing is Art. 6(1)(b) GDPR.
- The legal basis for processing by the hosting provider (Strato GmbH) is Art. 28(3) GDPR.
Purpose of Data Processing
The processing of personal data serves solely to handle the communication. This also constitutes the legitimate interest in processing the data.
Other personal data processed during the submission process serve the legitimate interest and the absolute necessity to prevent misuse of communication channels and to ensure the security of the law firm’s IT systems.
Storage Period
Data are deleted once they are no longer required to achieve the purpose of their collection. For communication data, this is the case when the respective conversation with the user is terminated. The conversation is deemed terminated when it can be inferred from the circumstances that the matter in question has been conclusively resolved.
Possibility of Objection and Removal
If the user contacts the law firm, they may object to the storage of their personal data at any time by sending a message to kontakt@kroker.legal.
5. Social Media Presences
Description and Scope of Data Processing
The law firm maintains publicly accessible profiles on various social networks to communicate with interested parties and other users and to provide information about its services.
When accessing these profiles, personal data of users are collected, processed, and stored both by the law firm and by the operators of the respective social networks. This may also occur if the user does not maintain their own profile on the respective platform.
The processing of personal data may in particular be necessary for the use of certain functions of the law firm’s social media presences. Without the provision of corresponding data, certain functionalities may be restricted or unavailable to the user.
The type, scope, and purposes of data processing by the platform operators are determined by their own policies and are not always transparent for the law firm. The law firm has no influence over these processing operations.
Details on the collection and use of personal data by social network operators can be found in the respective privacy policies of the platforms:
- Privacy Policy of the social network LinkedIn, operated by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland: https://linkedin.com/legal/privacy-policy
- Privacy Policy of the social network X, operated by X Internet Unlimited Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland: https://twitter.com/en/privacy
The law firm has no access to the databases of the social media providers.
Legal Basis for Data Processing
The legal basis for the processing of personal data is Art. 6(1)(f) GDPR (legitimate interest). The associated processing serves the legitimate interest of the law firm (and the users) in enabling communication.
For certain processing operations, joint controllership exists with the operators of social networks in accordance with Art. 26 GDPR. The specific responsibilities and data protection obligations arise from the respective agreements with the platform operators.
Purpose of Data Processing
Processing personal data enables the law firm to communicate with users.
Storage Period
The storage period is determined by the privacy policies of the platform operators.
Possibility of Objection and Removal
Users may delete their own posts (e.g. comments or messages) as well as their customer or user accounts on the respective social media presences at any time. Furthermore, users may exercise their rights by contacting the contact points specified in the respective platform providers’ privacy policies.
6. Rights of the Data Subject
If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights:
Right of Access
You have the right to obtain confirmation from the controller as to whether personal data concerning you are being processed.
Where such processing is taking place, you have the right to request access to the following information:
- the purposes for which the personal data are processed;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed;
- the envisaged period for which the personal data will be stored, or, if specific information is not possible, the criteria used to determine that period;
- the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing;
- the existence of a right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and, at least in such cases, meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for the data subject.
You also have the right to be informed whether your personal data are transferred to a third country or an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.
Right to Rectification
You have the right to obtain rectification and/or completion of your personal data if the personal data processed concerning you are inaccurate or incomplete. The controller must make the correction without undue delay.
Right to Restriction of Processing
You have the right to request restriction of processing of your personal data under the following conditions:
- you contest the accuracy of the personal data for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise, or defense of legal claims; or
- you have objected to processing pursuant to Art. 21(1) GDPR pending verification of whether the legitimate grounds of the controller override yours.
Where processing has been restricted, such personal data shall, apart from storage, only be processed with your consent, or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State.
If processing has been restricted under the conditions above, you shall be informed by the controller before the restriction is lifted.
Right to Erasure (“Right to be Forgotten”)
Obligation to Erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- You withdraw your consent on which the processing is based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
- You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
Information to Third Parties
Where the controller has made the personal data public and is obliged pursuant to Art. 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as the data subject, have requested the erasure of any links to, or copies or replications of, those personal data.
Exceptions
The right to erasure does not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Art. 89(1) GDPR in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise, or defense of legal claims.
Right to Notification
If you have exercised your right to rectification, erasure, or restriction of processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used, and machine-readable format, and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR; and
- the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of this right shall not adversely affect the rights and freedoms of others.
This right to data portability shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right to Object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing is for the establishment, exercise, or defense of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
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.
Right to Withdraw Consent
You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Automated Individual Decision-Making, Including Profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
- is necessary for entering into, or performance of, a contract between you and the controller;
- is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
- is based on your explicit consent.
Such decisions may not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.
Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.