Data Protection

The protection of your personal data is very important to us, FSM Rechtsanwälte GmbH. We comply with the rules of the applicable data protection law, especially the General Data Protection Regulation (DSGVO 2018) and the Austrian Data Protection Act (DSG 2018). Furthermore, we take technical and organisational measures in order to ensure an appropriate level of security.

In the following you will find all information necessary for the processing of your data and your rights.

1. Contact Data

FSM Rechtsanwälte GmbH, Wiesingerstraße 3, 1010 Wien + 43 1 8906036, office@fsm.law is responsible for processing the data collected from you. If you have any questions concerning the processing of your data, please contact our data protection officer at datenschutz@fsm.law.

2. Personal Data

We only collect personal data that is necessary for the execution and processing of our legal services or that you have voluntarily made available to us.

We collect, process and use your personal data only with your consent, mandate or order for the purposes agreed with you, or if there is any other legal basis in accordance with the General Data Protection Regulation (DSGVO), which is in compliance with data protection law and civil law provisions.
Personal data are all data which contain individual details about personal or factual circumstances, such as name, address, email-adress, telephone number, date of birth, age, sex, social security number, video recordings, photos, voice recordings, as well as biometric data such as finger prints. Sensitive data, such as health data or data related to criminal proceedings, may also be included.

3. Information and Erasure

As a client or affected person, you have the right at any time – subject to the lawyer’s the duty of confidentiality – to information concerning your stored personal data, their origin and recipient and the purpose of the data processing, as well as the right of rectification, data transmission, right to object, the right to limit the processing as well as the blocking or deletion of incorrect or inadmissibly processed data.
If there occur any changes to your personalis data, we kindly ask you to inform us accordingly.
You have the right to revoke your consent to the use of your personal data at any time. Your request for access to information, cancellation, correction, contradiction and/or data transfer, in the latter case, provided that it does not cause a disproportionate effort, can be directed to address of the law firm mentioned above or directly to the data protection officer or to datenschutz@fsm.law.
If you are of the opinion that the processing of your personal data violates the applicable data protection law or that your data protection rights have been violated in any other way, you have the right to complain to the supervisory authority. In Austria the competent authority is the Datenschutzbehörde.

4. Data Security

The protection of your personal data is ensured by appropriate technical and organisational precautions. This precautions relate in particular to the protection against unauthorised, illegal and random access, processing, loss, use and manipulation. Irresepctive of our efforts to maintain a reasonably high level of due diligence at all times, it cannot be ruled out that information you disclose to us via the internet may be viewed and used by other persons.
Please note that we therefore assume no liability whatsoever for the disclosure of information due to errors in data transmissions not caused by u and/or unauthorised access by third parties (e.g. hacking of email accounts or telephone, and the incerception of faxes).

5. Data Use

We will not process the data for provided to us for other purposes than those agreed upon in the mandate contract ,or by you consent, or otherwise by any provision in accordance with the General Data Protection Regulation (DSGVO). The use for statistical purposes are excluded, if the provided data have been anonymised.

6. Transfer of Data to Third Parties

In order to fulfil your order, it may also be necessary to pass on your data to third parties (e.g. counterparties, substitutes, insurance companies, service providers which we use and to whom we make data available, etc.), authorities or courts. Your data will be forwarded exclusively on the basis of provisions of the General Data Protection Regulation (DSGVO), particularly to fulfil your order or instructions, or on the basis of your prior consent.
Furthermore, we inform you that within the framework of our legal representation and support, factual and case-related information is regularly obtained from you by third parties.

Some of the named recipients, as mentioned above, of your personal data are located outside your country or process the data there. The level of data privacy protection in other countries may not be the same as in Austria. However, we will only transfer your personal data to countries for which the EU Commission has decided that they have an adequate level of data protection or we will take measures to ensure that all recipients have an adequate level of data protection by concluding standard contractual clauses (2010/87/EC and/or 2004/915/EC).

7. Disclosure of Data Breach

We make every effort to ensure that data breaches are discovered at an early stage and, if necessary, reported immediately to you or the responsible supervisory authority, taking into account the respective data categories affected.

8. Data Storage

We will not store your data longer than necessary to fulfil our contractual or legal duties. We do not store your data longer than needed in order to ward off any liability claims.

9. Cookies and Server-Log-Files

This website does not use any „Cookies“. In order to optimise the website in relation to the system performance, user-friendliness and the provision of useful information concerning our services, the provider of the website collects and stores information in so called Server-Log Files, which your browser automatically transmits to us. . These information will be transmitted to us afterwards. This includes your Internet protocol address (IP-address), browser and language settings, operating system, referrer URL, your internet service provider and date/time.
These data will not be merged with personal data sources. We reserve the right to subsequently examine these data if we become aware of concrete indications of illegal use.

10. Facebook Social Plugins

As part of our online marketing, we use so-called social plugins, which are operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 (Ireland). Such plugins can be recognized by one of the Facebook logos, such as a white “f” on a blue background, or “like” or “like” buttons. You can learn more about Facebook Social Plugins here: https://developers.facebook.com/docs/plugins/.

If such a social plugin is used, the user’s device establishes a connection with the Facebook servers. Facebook creates individual usage profiles on the basis of the processed data, whereby we have no influence on the extent of the data collected by Facebook with the help of the social plugins.

Through the social plugins, Facebook can not only determine that a user has called up the particular website, but can also (with an existing Facebook profile) assign it to a profile. If these users then “link”, “post” or “comment” something, this is transferred directly to Facebook and stored there. If someone does not have a Facebook profile, Facebook may identify and store the user’s IP address. According to Facebook, however, only an anonymous IP address is stored.

The extent to which Facebook collects the user’s data and how it is processed can be seen in Facebook’s privacy policy. In addition, you will also find your own rights and settings to protect the user’s privacy: https://www.facebook.com/about/privacy/.

In order for the data of a Facebook member not to be stored, the user must log out before using our Facebook page and delete his cookies. Further settings can be made directly under the Facebook profile settings: https://www.facebook.com/settings?tab=ads.

11. Instagram Buttons

We use the buttons provided by Instagram Inc, 181 South Park Street, Suite 2, San Francisco, CA 94107 (USA). These can be recognized by terms such as “instagram” or stylized cameras. When such a button is used, the user’s device connects to the Instagram servers. The content of the buttons is sent directly to the user’s browser, so we have no control over the data collected by Instagram. For more information, please refer to Instagram’s privacy policy: https://help.instagram.com/519522125107875?helpref=page_content.

12. FSM Update Public Procurement Law

By registering for the FSM Update, you have the opportunity to be informed regularly by us via e-mail about the latest specialist articles in the area of public procurement law. The FSM Public Procurement law update is free of charge and is sent out approximately 8-12 times a year. It contains an overview of the latest court decisions and other news in public procurement law and in our law office.

With the registration you agree that your personal data (contact data: first name, surname, company name as well as e-mail address) are stored and tracking pixels (monitoring of the newsletter receipt, opening rate and click behaviour) of the newsletter-mailing are considered. You can unsubscribe the FSM procurement law update at any time.

FSM Rechtsanwälte GmbH

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