DATA PRIVACY

1. General information on the processing of personal data

The purpose of this notice is to inform you about the processing of your personal data by Dr. Robert Eichler ("Attorney-at-Law”, “Rechtsanwaltskanzlei", "we" or "us").

This information notice is intended for any natural person, in particular, representatives, contact persons or employees of clients, opposing parties and other parties involved in proceedings, courts, public authorities or other business partners with whom we have (or will imminently have) an attorney-client relationship, or a contract, service or business relationship or any other relationship of communication.

We take the confidentiality and the protection of your personal data very seriously. Therefore, we process your personal data only to the extent permissible under statutory provisions, in particular, under the EU General Data Protection Regulation ("GDPR") and the Austrian Federal Data Protection Act ("Datenschutzgesetz").

If you have any questions about this information notice or our policies regarding the processing of your personal data, you can always address any of the contact details below.

2. Responsibilities and contact details

The data controller, i.e., the person responsible for processing your personal data is:

Dr. Robert Eichler
Zeismannsbrunngasse 4/10

1070 Wien
Telephone: +43(0) 1 36 18 464

Email: office@eichler-law.com

3. Nature and origin of the data processed

Depending on the client-attorney or business relationship, we process various types of personal data. Usually these data are

identity data (such as names, date of birth and other data contained in identity cards and other ID documents

contact data (such as addresses, email addresses, telephone numbers

Invoice data related bookkeeping, cost accounting data

Data relating to a client matter

Data in order to comply with the legal obligations to which we are subject

Data to ensure IT security and IT operations

Data for engaging service providers (e.g. external IT service providers)

IP address

Where this is part of our advisory services or of any other relationship between you and us, we also process special categories of personal data such as data concerning health (Art. 9 (1) GDPR) or data relating to criminal convictions and offences or related security measures (Art. 10 GDPR).

You consent to this processing of your data when you subscribe to our newsletter or when you send or submit an inquiry to us.

If you have not provided us with your personal data yourself, we either received such data from our clients, business partners, service providers or cooperation partners for which you act as representative or employee, as the case may be, or via which you are being invited to our events, or we collected the data from sources including, without limitation, company websites, event lists of participants or industry directories. The information we obtain from third sources about you which is stored in our systems is limited to contact information (e-mail address and telephone number, postal address), your function in the company, your professional career, and your assignment to or responsibility for a particular company (usually your employer, any affiliated company or for another reason with this related company), if you have not disclosed that information to us as part of the communication.

4. Purpose and legal basis of the data processing

We process your personal data to take steps prior to entering into a contract or to fulfil our contractual obligations (Art. 6 para. 1 letter b GDPR); or to fulfil our legal obligations (Art. 6 para. 1 letter c GDPR).

In particular:

to enter into or execute engagement letters, contracts and other business relationships

for internal administrative purposes (e.g., for accounting purposes, Knowledge Management

in order to conduct anti-terrorism and sanctions lists screenings, if applicable

in order to conduct court and administrative proceedings and/or for purposes of asserting/exercising, as well as defending against, legal claims

in order to provide you with our client information, such as newsletters informing about current legal topics or events organized by our law firm

for any other communication purposes

in order to ensure IT security and IT operations at our law firm

in order to engage service providers (e.g., external IT service providers) who support our business processes

in order to prevent criminal offences and conduct compliance investigations in individual cases and the associated (also electronic) review of correspondence and documentation

in order to plan and conduct events to which you are invited, as well as to register for such events on our website and report on these events on our intranet site, which can entail the publication of photo and video material (in which you can be identified) on our intranet site

Personal data is also processed in order to perform contracts entered into or to fulfil orders placed by individuals (natural persons) with whom we have business relationships (Art. 6 (1) lit. b GDPR).

If you choose not to provide us with your personal data, we are unable to perform the contractual relationship and/or cannot fulfil the above stated communication purposes.

In addition, we are from time to time required by law to process personal data (Art. 6 (1) lit. c) GDPR) to comply with national and European regulations and legislation (e.g. storage of data in compliance with statutory retention periods pursuant to the Austrian Lawyer's Act, the Austrian Federal Fiscal Code, Austrian Corporate Code etc). It might be necessary before acceptance of specific mandates, to process your personal data based on our legal obligations regarding the prevention of money-laundering and countering terrorism financing. In this context, we are obliged to keep (copies of) the documentary evidence provided to us for identification purposes for a minimum of five years (and a maximum of ten years) upon termination of the mandate.

5. Disclosure of your personal data

We will transmit your personal data to third parties only on the basis of (and in accordance with) statutory provisions or if and to the extent that you have consented to such transmission in the individual case.

If necessary, your personal data will be e.g. transferred to the following recipients:

courts and authorities
opponents and their legal representatives
independent lawyers in cooperation with Robert Eichler
bar associations
tax consultants and auditors
banks and insurance companies
service providers (e.g. travel agencies, taxi service, hotels)

Furthermore, we sometimes use service providers (data processors) for data processing (in particular for technical support). These processors have agreed to maintain the confidentiality of your data, are carefully selected by us, and are bound by our instructions. In particular, we employ the services of the following processors:

ADVOKAT Unternehmensberatung Greiter & Greiter GmbH, Andreas-Hofer-Straße 39B, 6020 Innsbruck.
TechTime GmbH, Seitenhafenstraße 17, 1020 Wien.

To the extent required for the purposes outlined above, your personal data may be disclosed to external service providers within and outside the European Economic Area (EEA). In the course of our work, we also use cloud-based IT solutions provided by third parties (for example Microsoft Office 365).

We use (cloud-based) services, in particular, for purposes of document management, collaboration and document automation or analysis, and also retain the services of external (cloud computing) providers offering email servers, eDiscovery platforms, data rooms or artificial intelligence.

In the course of our work processes and for the purposes specified above, it is possible that we disclose your data to additional third parties within and outside the EEA, for example to our business partners or to law firms with whom we work together on a client matter, to translators, opponents or to other third parties.

6. Deletion of your personal data

We will delete your personal data after termination of our attorney-client, contract or service relationship or our contact if the storage is no longer necessary for the fulfilment of our (post-)contractual obligations or the legitimate interests specified in this data protection notice and if there are no statutory retention obligations. If there are statutory retention obligations, we will restrict the processing of the data. We also retain your data, where appropriate, as long as legal claims can be made in connection with your agreement. In the case of pending administrative or judicial proceedings, your data will be retained until termination of the respective proceedings.

7. Contacting us

When you contact us (e. g. by email or telephone), we process the personal data we collect exclusively in order to handle your inquiry, respond to it or contact you. The data will be deleted after final answering, as far as there are no legal or other obligations to store.

The legal basis for this processing of your personal data is Art. 6 (1) (b) GDPR. Insofar as the correspondence is neither necessary for the performance of a contract with us nor or in order to take steps prior to entering into a contract, the legal basis for the processing is Art. 6 (1) (f) GDPR. In such a case, it is our legitimate interest to communicate with you and to manage and document the communication.

8. Your rights

Revocation of consent
If we process your data on the basis of your consent, you have the right to withdraw your consent at any time by sending a request via email. Your withdrawal of consent will not affect the lawfulness of the data processing that was conducted prior to the withdrawal (Art. 7 para. 3 GDPR).
Right to object
Right of access
Right to restrict processing
Right to rectification and erasure
Right to data portability
Right to lodge a complaint
Right to file a complaint with the Data Protection Agency

9. Changes to this information

This notice is the version of January 2023 and is currently applicable.

10. Information on the processing of personal data on the website

When you visit our website for information about our law firm and our expertise, we will only collect those personal data in log files that your browser communicates to our server.

We require this information for technical purposes so that we can display our website to you and are able to guarantee its stability and safety. The legal basis is stipulated in Art. 6 (1) lit. f GDPR. In this context, the data is analysed only for statistical purposes and only in a pseudonymised form. We will not disclose such data to third parties.

10.1 Processing when visiting our website

The following personal data is automatically processed each time the website is accessed

Information on the type of browser and the version being used
Volume of data transmitted
Operating system and interface used
Language and version of the browser software
Access status / HTTP status code
The user's IP address
Date and time of access and time zone difference to Greenwich Mean Time
Websites from which the user's system accesses our website

10.2 Cookies

Furthermore, we use cookies in order to ensure functionality of our website (e.g. to enable using the back-function in your browser). Cookies are small text files that store information on the user behaviour when visiting a website and that are placed on the user's computer and held available for further visits to the website. These cookies do not cause any damage to your computer and do not contain any viruses.

We use the information contained in cookies to enable, analyse and improve the operation and use of our website and in order to ensure our IT security. The legal basis for the data processing is stipulated in Art. 6 (1) lit. f GDPR.

The information obtained through the use of cookies will not be linked to your IP address. No other personal data is collected.

You may also visit our website without cookies being used, provided that you have disabled the storage of cookies by adjusting your browser settings accordingly. However, in doing so, you may not be able to use all functions of our website.

10.3 Google Maps

We use “Google Maps” on our website, provided by Google LLC (“Google”). If you use this service, personal data, in particular your IP address, will be transmitted directly to Google. You enter directly into a user relationship with Google.

We are jointly responsible with Google for the data processing that takes place within this framework. Data may also be transmitted to the USA.

The legal basis for this processing of your personal data is Art. 6 (1) (f) GDPR, since it is in our legitimate interest to make your journey to our offices as comfortable as possible.