Data Protection Policy Mag. Birgitta Winkler LL.M. (Sydney)
1) Responsible party:
Mag. Birgitta Winkler LL.M. (Sydney) – Rechtsanwaltskanzlei, Email: , District Court of Klagenfurt, (hereinafter referred to as “Mag. Birgitta Winkler LL.M.”) is the responsible party pursuant to the GDPR. No data protection officer has been appointed as this is not required by law.
2) General information:
The protection and security of your personal data are very important to us. This website therefore only saves and processes data in accordance with the Austrian and European General Data Protection Regulation (GDPR). As a user, you agree to your data being processed in accordance with this declaration. You can find the current version of the GDPR at http://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32016R0679&from=DE
The use of this website is generally possible without providing your personal data. If personal data is collected on our sites (for instance name, address or email addresses), this is done, to the extent possible, on a voluntary basis. This data shall not be passed on to third parties without your express consent.
Please be advised that the data transmission over the Internet (e.g. when communication via email or unencrypted websites) can be subject to holes in the security. Seamless protection of the data against third party access is not possible.
When engaging us via our website, the data you have transmitted or entered will be manually or automatically checked against the existing data to determine the validity and recency and, if necessary, compared to correct the data we have in the database. To this end, it may be necessary for our staff to contact you. They will do so via email or on the phone. The data you enter will only be used to process the order or complete the registration; it is not passed on to third parties.
3) Rights of the affected party
In accordance with the EU General Data Protection Regulation, you, as the affected party, are entitled to a wide range of rights. These rights are intended to ensure more transparency in conjunction with your data. Your rights as the affected party include the right to obtain information about your personal data, to correct, delete, limit or object to the processing (direct marketing) thereof and to data transferability (only if there is a contractual relationship or consent) and to revoke consent at any time.
Affected persons can exercise all rights by sending an email to or by personally contacting us (e.g. via telephone or office visit) or by sending a notification via post or fax(….) or by using the contact form on the website.
You also have the right to file a complaint with the data protection authority with respect to the processing of your personal data. The data protection authority’s contact information is:
4) Legal principles regarding the collection and use of your personal data
We collect, use and manage your personal data only
- if required to fulfil our contractual obligations towards you
- if there is a legitimate interest
- if you have consented to the use for specified, legal purposes.
We have a legitimate interest pursuant to Section 6 f of the DSGVO, in particular, in answering requests, the operation and management of the website, improving the online presence, technical support for our customers and in making the locations specified on our website easier to find.
5) Data deletion
Your data will be deleted as soon as the respective contract with you has been fulfilled and there is no longer a statutory obligation to save the data. As a rule, your data will be deleted after seven years; which is the retention period pursuant to Section 132 of the BAO.
Statutory/legal retention obligations or contractual obligations e.g. towards customers as a result of warranty or compensation of damages or towards contracting partners are grounds to continue retaining the personal data. (Art 6 (1) c GDPR – Lawfulness of processing: statutory/legal obligation)
6) Information about data collection
We editorially review links that leave our website very carefully. Nonetheless, we do not assume any responsibility or liability for content on sites linked on our website or another Internet presence.
By filling out the forms on our website or sending us messages, you are providing us your personal data. This includes, for instance, your name, address, date of birth, telephone number. We use this personal data to process your requests and/or to provide the contractual services. If you send us requests via the contact form, we will save your information from the request form, including the contact information you provided therein for the purpose of processing the request and, if applicable, follow up questions. We do not pass this data on without your consent.
Your personal data will not be passed on to third parties that are not involved in processing the contract without your express consent or legal grounds. After fully processing the contract, your data will be blocked for further use. After the expiration of retention periods pursuant to tax and trade law regulations, this data will be deleted unless you have expressly consented to the further use thereof.
To the extent your personal data is required for the substantiation, content-related design or modification of the contractual relationship (inventory data), it will be used only to process the contract. For instance, your name and address must be passed on to the goods supplier to deliver the goods.
There are three categories of cookies:
- Essential cookies to ensure the basic functionality of the website
- Functional cookies to ensure the performance of the website
- Target-oriented cookies to improve the user experience
Most of the cookies we use are so-called session cookies. They are automatically deleted after your visit to the site. Other cookies are saved on your end device until you delete them. These cookies allow us to recognise your browser the next time you visit the site.
You can set your browser to inform you when cookies are saved and only allow cookies in individual cases, exclude the acceptance of cookies in specific cases or in general and activate automatic deletion of the cookies the browser is closed. If you deactivate cookies, the functionality of this website may be limited.
Please be advised that for the purpose of making the engagement process easier and subsequently processing the contract, the IP data of the connection owner will be saved in the framework of cookies as will the customer’s name, address, date of birth and telephone number. Cookies are small text files stored on your end device with the help of the browser. They are not harmful.
Functional restrictions without cookies
This website uses functions of the Google Analytics website analysis service. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses targeted cookies.
You can prevent the cookie and the collection of the data generated by the cookie and related to your use of the website by Google as well as prevent Google from processing this data by downloading and installing the plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de
Alternatively, you can prevent Google Analytics from collecting your data by clicking on the following link (you can find more detailed instructions at https://developers.google.com/analytics/devguides/collection/gajs/#disable ). An opt-out cookie will be saved that prevents the collection of your data during future visits:
This website uses Google Analytics with the “anonymizeIp()” extension so IP addresses are further processed only after truncation in order to rule out a direct personal reference.
Server log files
The page provider automatically collects and saves information in server log files which your browser automatically transmits to us. This information includes:
- Browser type and version
- Operating system in use
- Referrer URL
- Host name of the accessing computer
- Time of the server query
- IP address
These data cannot be assigned to specific persons. These data are not combined with other data sources. We reserve the right to retroactively review these data if we become aware of specific reasons to suspect illegal use.
7) Recipients of personal data
Other third parties
Your data are only passed on to, e.g. supervisory authorities and law enforcement authorities in the framework of the statutory regulations if required to prevent and expose fraud and other crimes and/or to ensure the network and data security.
Recipients of personal data in third countries: Google Analytics
This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Inc. is certified as recipients of the data in accordance with the EU-US Privacy Shield Framework.
This page uses SSL encryption for security purposes and to protect the transmission of confidential content like the requests you send us as the site operator. You can identify an encrypted connection based on the browser address line changing from “http://” to “https://” and the lock icon in the browser line.
If SSL encryption is activated, the data you transmit to use cannot be read by third parties.
8) Our contact information
The security of your data is very important to us. We are available to you at any time to answer your questions or accept your revocation at the following telephone number/email address:
Mag. Birgitta Winkler LL.M. (Sydney)
T: +43 (0)4242 30 777
- Personal data
We, the law firm of Mag. Birgitta Winkler LL.M. (Sydney), collect, process and use your personal data only with your consent or with your mandate or order for the purposes agreed upon with you or if there is another legal basis in accordance with the GDPR, and in compliance with data protection and civil law provisions.
Only personal data required to execute and process our legal services or which you have provided us voluntarily shall be collected.
Personal data include all data that contain specific details about personal or factual circumstances, such as name, address, email address, telephone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings of persons and biometric data such as finger prints. Sensitive data, such as health data or data pertaining to criminal proceedings may be included.
- Information and deletion
As a client or in general as the affected party, you have the right, while maintaining attorney-client privilege, to obtain information at any time about your stored personal data, the origin thereof and the recipient and purpose of the data processing as well as a right to correction, data transfer, objection, limitation or processing as well as to block or delete inaccurate or data processed without permission.
If your personal data changes, we request to be notified accordingly.
You have the right to revoke consent to use your personal data at any time. Your request for information, deletion, correction, objection and/or data transfer, unless this would cause unreasonable expense (in the latter case), can be addressed to the law firm’s address specified in Point 10 of this policy.
If you are of the opinion that your personal data were processed in violation of applicable data protection law or that your data privacy rights have otherwise been violated, you can file a complaint with the competent supervisory authority. The Data Protection Authority has jurisdiction in Austria.
- Data security
Your personal data are protected by means of organisational and technical precautions. These precautions pertain, in particular, to the protection of unauthorized, illegal or random access, processing, loss, use and manipulation.
Despite all efforts to comply with a reasonably high degree of diligence requirements at all times, it cannot be ruled out that information you provide us via the Internet might be viewed and used by other persons.
Please note that we therefore do not assume any liability of any kind for the disclosure of information resulting from errors during data transmission for which we are not responsible and/or unauthorised access by third parties (e.g.: hacker attacks on email accounts or telephone, interception of faxes).
- Use of data
We will not process the data provided to us for purposes other than those permitted pursuant to the client agreement or per your consent or pursuant to a provision in compliance with purposes covered by the GDPR. This does not include using the data for statistical purposes, insofar as the data provided have been anonymised.
- Transferring data to third parties
To fulfil your contract, it may also be necessary to pass on your data to third parties (e.g. an opposing party, substitutes, insurances, service providers we utilise and to whom we provide data, etc.), courts or authorities. Your data are passed on exclusively in accordance with the GDPR, in particular, to fulfil your contract or on the basis of your prior consent.
Furthermore, please note that in the framework of our legal representation and support, information about you, related to the facts and the case, will be regularly obtained from third parties.
Some of the aforementioned recipients of your personal data are located outside your country or process your data there. The level of data protection in other countries may not correspond to that of Austria in some circumstances. However, we transmit your personal data only to countries that the EU Commission has ruled have an adequate level of data protection, or we implement measures to ensure that all recipients have an adequate level of data protection for which we conclude boiler plate contracts (2010/87/EC and/or 2004/915/EC).
- Notification of data mishaps
We endeavour to ensure that data mishaps are detected early and, if applicable, reported to you or the competent supervisory authority immediately with a reference to the respective affected data categories.
- Data storage
We will not store data longer than required to fulfil our contractual or statutory obligations and to defend against any potential liability claims.
This website uses “cookies” to make our offer more user-friendly, effective and secure.
A “cookie” is a small text file we transmit to your browser’s cookie file on your computer’s hard drive via our web server. This allows our website to recognise you as a user when a connection is established between our web server and your browser. Cookies help us determine the usage frequency and number of users on our websites. The content of the cookies we use is limited to an identification number which does not allow for the user to be identified. The main purpose of a cookie is to recognise the website user.
Two types of cookies are used on this website:
- Session cookies: are temporary cookies that remain in your browser’s cookie file until you leave our website and are automatically deleted at the end of your visit.
- Permanent cookies: To improve user-friendliness, cookies are saved on your end device and allow us to recognise your browser the next time you visit.
You can set your browser to inform you when cookies are saved and allow cookies only in individual cases, exclude the acceptance of cookies in specific cases or in general and activate automatic deletion of the cookies the browser is closed. If you deactivate cookies, the functionality of this website may be limited.
- Server log files
To optimise this website with respect to system performance, user-friendliness and provision of useful information about our services, the website provider automatically collects and saves information in server log files which your browser automatically transmits to us. They include your Internet Protocol Address (IP address), browser and language setting, operating system, referrer URL, your Internet service provider and the date/time.
These data are not combined with other personal data sources. We reserve the right to retroactively review these data if we have reasons to suspect illegal use.
- Our contact information
The security of your data is very important to us. We are available to you at any time to answer your questions or accept your revocation at the following telephone number / email address:
Mag. Birgitta Winkler LL.M. (Sydney)
T: +43 (0)4242 30 777