We, Kosch & Partner Rechtsanwälte Group (which comprises all organisations and companies as per the annex), process your personal data – also on behalf of the legal attorneys acting for Kosch & Partner Rechtsanwälte GmbH – exclusively on the basis of the applicable legal provisions, in particular the General Data Protection Regulation (GDPR) and the 2018 Austrian Data Protection Law [Datenschutzgesetz – DSG].
2. Personal data
Personal data is information about data subjects (natural people) whose identity is determined or at least can be determined (e.g. name, address, e-mail address, telephone number, date of birth, age, gender, social insurance number, as well as video recordings, photos, health data or data associated with criminal proceedings).
3. Technical and organisational measures
We have taken suitable technical and organisation measures to protect your personal data. This ensures that there is no unauthorised access to the data, and no unlawful processing of the personal data provided.
The technical and organisational measures comprise, in particular, an access permission concept, a data back-up concept and physical and digital protective measures for our IT structure. We shall strive to continually revise the safety measures according to the development of technology.
4. The data processed by us
The processing of personal data is done exclusively on the basis of a legal justification specified on the basis of Art. 6, paragraph 1 GDPR, primarily for the purpose of performing the contractually guaranteed services – i.e. the mandate – to answer queries, for technical administration and for the purpose of fulfilling diverse legal obligations. In doing so the data is also processed on the basis of legal storage and documentation obligations, which arise in particular from the Austrian Commercial Code [Unternehmensgesetzbuch – UGB], the Austrian Fiscal Code [Bundesabgabenordnung – BAO] and other legal regulations.
In individual cases, the processing of your data can also be done on the basis of a justified interest of ours (Art. 6, paragraph 1f, GDPR), such as if you are a party involved with the records (incl. contact people), but are not our client, e.g.
For the assertion, execution or defence of legal claims (in particular in matters of civil, non-contentious, insolvency and criminal law, labour and corporate law as well as administrative law),
To draft, check, negotiate or processing contracts and business transactions (in particular building contractor projects, M & A, founding of companies, lease agreements and financing agreements),
In connection with business and agency relationships with another person involved with the record (in particular insurance companies, legal representatives, legal attorneys and public notaries).
Even if you, as a supplier, are a business partner of our, we collect, process and use your data within the scope of the business relationship. In doing so we only process data which is necessary for handling the business, in particular the name of the supplier, the address, the contact partner, contact data (telephone number, fax number, email address), the payment conditions and bank details.
Data is also processed if you are a visitor and user of our website www.kosch-partner.at. When using the website, the following data is collected, recorded and saved by the provider: The browser type and version; the operating system used; the referrer URL; the host name of the visiting computer; the time of the server request, and your IP address.
Our website uses so-called web fonts for the standardised depiction of fonts, which are provided by Adobe Typekit. When you visit the page, your browser loads the necessary web fonts into your browser cache, so that the text and fonts can be shown correctly. For this purpose, the browser you use must establish a connection to the servers of Adobe Typekit. By doing so Adobe Typekit gains knowledge that our website was visited by your IP address. The use of Adobe Typekit Web Fonts is done in the interest of providing a uniform and appealing appearance of our website. This represents a justified interest in accordance with Art. 6, paragraph 1f, GDPR. If your browser does not support Web Fonts, a standard font is used by your computer.
This data is not compiled with other data sources. The data is only used to optimise the appearance of our website.
On the basis of your registration to receive our customer magazine on our website, we will process the personal data (name, address and email address) provided voluntarily by you, for the delivery of our customer magazine (by email or post). You can revoke this consent at any time with effect for the future (e.g. by sending an email to email@example.com).
5. Storage period
We only save your data for as long as is necessary to fulfil the afore-mentioned purposes – in particular the contractual or legal obligations – and to defend against any liability claims. Accordingly, data which is necessary to assert, execute or defend against legal claims from authorities or courts, can be stored in case of disputes until the matter has been legally resolved. After the expiry of these deadlines and once the purpose has been achieved, we will delete the data immediately.
6. Forwarding of your data
To fulfil an order, it may be necessary to forward data to third parties (e.g. the opposing party, substitutes, insurance companies, service providers who we use and who we provide the data to, etc.), courts or authorities. A forwarding of your data is exclusively done on the basis of the GDPR, in particular to fulfil your order or based on your prior consent. Furthermore, we hereby notify you that information about you relating to the facts of the matters and cases is regularly obtained from third parties within the scope of our legal representation and support.
If this is necessary for the fulfilment of the contract, or within the scope of justified interests of ours, we will also forward personal data within the Kosch & Partner Rechtsanwälte group or to a data processer (service provider) used by us for this purpose. The data processer corresponds to the data protection requirements specified in the GDPR and obliges us to mutual confidentiality. For this purpose, a written order agreement is concluded with the service provider used. A transfer of data to countries outside of the EU or the EEA (so-called third countries) only occurs if this is necessary to fulfil the contract in exceptions.
7. Your rights
As a data subject, you are entitled to the following rights, provided they do not violate legal provisions:
The right to information about whether and if personal data is processed;
The right to receive copies of the saved personal data;
The right to the correction, supplementation or deletion of the personal data;
The right to restrict the processing of the personal data;
The right to transfer the personal data;
Under certain conditions, the right to reject the processing of personal data;
The right to revoke any consent issued at any time, without affecting the legality of the processing performed due to the consent, until any revocation of said consent;
The right to information about the identity of the third parties, to whom the personal data is transferred.
If you believe that the processing of your data violates the data protection law or your data protective claims are violated in any other way, please contact us (see point 8). You also have the opportunity to complain to the responsibility supervisory authorities (the Austrian Data Protection Authorities).
8. In the event of further questions
If you have further questions about data protection, the Data Protection Coordinator at the Kosch & Partner Rechtsanwälte Group is available for contact (firstname.lastname@example.org; address: Bahngasse 25, 2700 Wiener Neustadt, Austria).
Annex: The Kosch & Partner Rechtsanwälte Group
Kosch & Partner Insolvenzverwaltung und Restrukturierung OG, FN 544986a, 2700 Wiener Neustadt, Bahngasse 25
QC Top GmbH, FN 479840y, 4694 Ohlsdorf, Unterthalham Straße 2
SAL – BAL Beteiligungs- und Handels GmbH, FN 313185t, 1010 Wien, Stubenring 18/3