LEGAL GUIDE UKRAINE Data Protection

Name and address of the company
. The responsible person in the sense of the Basic Data Protection Regulation (hereinafter "DSGVO") and other national data protection laws of the member states as well as other data protection regulations is:

  • LEGAL SMART Rechtsanwaltsgesellschaft mbH
    Plantagenstra├če 20
    Remise im Hof
    12169 Berlin

  • Register Court: Berlin Charlottenburg Local Court
    Commercial register no.: HRB 208421 B

  • VAT ID: DE 3257 11045
  • CEO: Guido Kluck, LL.M., Attorney at law

  • info@legalsmart.de
  • +49 (0) 30 . 69 20 51 75 0
  • +49 (0) 30 . 69 20 51 75 9


General data processing

.
Scope and permission of the processing of personal data
. We collect and use personal data of our users only to the extent necessary to provide the functionality of our website and our content and services. The collection and use of personal data of our users is regularly carried out only with the consent of the user.
An exception applies in those cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by legal regulations.
The legal basis for processing operations of personal data with prior consent of the data subject is Art. 6 para. 1 lit. a DSGVO. For the processing of personal data that is necessary for the performance of a contract or for the implementation of pre-contractual measures, the legal basis is Art. 6 (1) lit. b DSGVO. For the processing of personal data for the fulfillment of a legal obligation, the legal basis is Art. 6 para. 1 lit. c DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis. If the processing is necessary to protect a legitimate interest of our company or a third party and if these interests outweigh the interest of the data subject, taking into account the fundamental rights and freedoms of the data subject, Art. 6 (1) lit. f DSGVO is the legal basis for the processing of the data.

Data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if we are required by law to process the data. In this case, the data will be blocked or deleted when the legally prescribed storage period expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

Data processing through use of our website
.
Visit our website
. When you access our website, information is automatically sent to our website server by the browser used on your end device. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automated deletion: IP address of the requesting computer, date and time of access, name and URL of the accessed file, website from which the access is made (referrer URL), browser used and, if applicable, the operating system of your computer and the name of your access provider.
The aforementioned data is processed by us for the purposes of ensuring a smooth connection of the website, ensuring a comfortable use of our website, evaluating system security and stability, as well as for other administrative purposes.
The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest follows from the purposes for data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.

contact us
Contact is possible via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The legal basis for the processing of this data is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO.
Data processing for the purpose of contacting us is carried out in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO on the basis of your voluntarily given consent. The personal data collected by us for the use of the contact form will be automatically deleted after completion of your request.

Data sharing
A transfer of your personal data to third parties for purposes other than those listed below does not take place. We will only disclose your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 (1) sentence 1 lit. a DSGVO, the disclosure is necessary for the assertion, exercise or defense of legal claims in accordance with Art. 6 (1) sentence 1 lit. f DSGVO and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data, in the event that a legal obligation exists for the disclosure in accordance with Art. 6 para. 1 p. 1 lit. c DSGVO a legal obligation exists, as well as this is legally permissible and necessary according to Art. 6 para. 1 p. 1 lit. b DSGVO for the processing of contractual relationships with you.

Use of cookies
We use cookies to operate our website in order to make it more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
Cookies are small files that enable specific information related to the device to be stored on the user's access device (PC, smartphone or similar). On the one hand, they serve the user-friendliness of websites and thus the users (e.g. storage of login data). On the other hand, they are used to collect statistical data on website usage and to be able to analyze it for the purpose of improving the offer. Users can influence the use of cookies. Most browsers have an option to restrict or completely prevent the storage of cookies. However, it should be noted that the use and especially the comfort of use will be limited without cookies.
The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users.
The legal basis for the processing of personal data using cookies is Art. 6 (1) lit. f DSGVO. The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has consented to this.
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.
In these purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 lit. f DSGVO.

Third-party services

We have integrated content, services and performances of other providers on the website. These are, for example, maps provided by Google Maps, videos from YouTube, and graphics and images from other websites. In order for this data to be called up and displayed in the user's browser, the transmission of the IP address is mandatory. The providers (hereinafter referred to as "third-party providers") therefore perceive the IP address of the respective user.
Even though we strive to use only third-party providers that only need the IP address to deliver content, we have no influence on whether the IP address may be stored. In this case, this process serves statistical purposes, among other things. If we have knowledge that the IP address is stored, we inform our users of this.

Application and use of Google Analytics (with anonymization function)
. The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and analysis of data about the behavior of visitors to websites. A web analysis service collects, among other things, data on which website a data subject came to a website from (so-called referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is predominantly used for the optimization of a website and for the cost-benefit analysis of internet advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
The controller uses the addition "_gat._anonymizeIp" for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if access to our Internet pages takes place from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. By each call of one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission calculations. By means of the cookie, personal information, for example the access time, the location from which an access originated and the frequency of visits to our website by the data subject, is stored. Each time the data subject visits our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical procedure to third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.
Furthermore, the data subject has the option to object to the collection of data generated by Google Analytics and related to the use of this website as well as to the processing of this data by Google and to prevent such processing. For this purpose, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information regarding visits to Internet pages may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the data subject's information technology system is deleted, formatted or reinstalled at a later point in time, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within the data subject's sphere of control, it is possible to reinstall or reactivate the browser add-on.
Further information and the applicable Google privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.

Application and use of Google Webfonts
External fonts, Google Fonts, are used on these Internet pages. Google Fonts is a service of Google Inc. ("Google"). The integration of these web fonts is done by a server call, usually a Google server in the USA. This transmits to the server which of our Internet pages you have visited. The IP address of the browser of the end device of the visitor to these Internet pages is also stored by Google. You can find more information in Google's privacy policy, which you can access here:
www.google.com/fonts#AboutPlace:about
www.google.com/policies/privacy/

Use and application of Font Awesome
This site uses so-called web fonts provided by Fonticons, Inc. for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. For this purpose, the browser you are using must connect to the servers of Fonticons, Inc. This enables Fonticons, Inc. to know that our website has been accessed via your IP address. The use of web fonts is in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO.
If your browser does not support web fonts, a default font is used by your computer. For more information about Font Awesome, see https://fontawesome.com/help and the Fonticons, Inc. privacy policy: https://fontawesome.com/privacy.

Application and use of YouTube
We have integrated YouTube components on our website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programs, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
By each call of one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/de/. Within the scope of this technical procedure, YouTube and Google receive knowledge of which specific subpage of our website is visited by the data subject.
If the data subject is logged into YouTube at the same time, YouTube recognizes which specific sub-page of our website the data subject is visiting when a sub-page containing a YouTube video is called up. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is logged into YouTube at the same time as calling up our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before accessing our website.
The privacy policy published by YouTube, which is available at https://www.google.de/intl/de/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube and Google.

Cooperation with processors, joint controllers and third parties
. If, in the course of our processing, we disclose data to other persons and companies (order processors, jointly responsible persons or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the fulfillment of the contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose or transfer data to other companies in our group of companies or otherwise grant them access, this is done in particular for administrative purposes as a legitimate interest and, in addition, on a basis that complies with the legal requirements.

Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of using third-party services or disclosing or transferring data to other persons or companies, this will only be done if it is done to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the legal requirements are met. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU (e.g. for the USA by the "Privacy Shield") or compliance with officially recognized special contractual obligations.

Data protection during applications and the application process We collect and process the personal data of applicants for the purpose of handling the application process. The processing may also take place electronically. This is particularly the case if an applicant sends us the relevant application documents electronically, for example by e-mail or via a web form on the website. If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests on our part prevent deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

Rights of the data subject
. You have the right:
(1) in accordance with Art. 15 DSGVO to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
(2) in accordance with Art. 16 DSGVO to demand the immediate correction of incorrect or completion of your personal data stored by us;
(3) pursuant to Art. 17 DSGVO to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
(4) in accordance with Art. 18 DSGVO to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer need the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 DSGVO;
(5) pursuant to Art. 20 DSGVO to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller;
(6) in accordance with Art. 7 para. 3 DSGVO to revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future and
(7) to complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our office for this purpose.

Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) (e) or (f) DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.

Automated decision in individual cases 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
(1) is necessary for the conclusion or performance of a contract between you and the responsible person,
(2) is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) is done with your express consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
As a responsible company, we do not use automatic decision-making or profiling.

Data security
Within the website visit, we use the widespread SSL procedure (Secure Socket Layer) in connection with the highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser.
We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

Updating and amending this privacy policy
. This privacy policy is currently valid and has the status March 2022.
Due to the further development of our website and offers on it or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time via this address.