KarcherRECHTSANWÄLTE

Privacy

How we handle your dataPrivacy Policy

This is a courtesy translation of our German privacy policy; the German version is legally binding. The notes below give you a simple overview of what happens to your personal data when you visit this website. Detailed information follows beneath this text.

1 · At a
glance

Data recording on this website

Who is the responsible party for the recording of data on this website?

The data on this website is processed by the operator of the website, whose contact information is available under “Information about the responsible party” in this privacy policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance, be information you enter into our contact form. Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error-free provision of the website. Other data may be used to analyze your user patterns. If contracts can be concluded or initiated via the website, the transmitted data will also be processed for contract offers, orders or other order enquiries.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances, and you have the right to log a complaint with the competent supervising agency. Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issue.

2 ·
Hosting

Where this website is hosted

We are hosting the content of our website at the following provider:

IONOS

The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany (hereinafter referred to as: IONOS). Whenever you visit our website, IONOS records various logfiles along with your IP addresses. For details, please consult the data privacy policy of IONOS: ionos.de/terms-gtc/terms-privacy.

We use IONOS on the basis of Art. 6(1)(f) GDPR. Our company has a legitimate interest in presenting a website that is as dependable as possible. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG, insofar as the consent includes the storage of cookies or the access to information in the user's end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

Data processing agreement

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that the provider processes personal data of our website visitors only based on our instructions and in compliance with the GDPR.

3 · General and
mandatory information

Responsible party, legal bases, your rights

Data protection

The operators of this website take the protection of your personal data very seriously. We handle your personal data as confidential information and in compliance with the statutory data protection regulations and this privacy policy.

Whenever you use this website, a variety of personal information will be collected. This privacy policy explains which data we collect, the purposes we use it for, and how and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Governing language version

This website also appears in German and Spanish. The translations are provided for your convenience. Only the German version of this privacy policy is authoritative; in case of discrepancies it prevails.

Information about the responsible party

The data processing controller on this website is:

Responsible party
Dietrich Karcher
Rechtsanwalt
Frankenallee 230
60326 Frankfurt am Main, Germany
Phone: +49 (0) 69 97 39 14 24
E-mail: info@karcher-rechtsanwaelte.de

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data.

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, if special categories of data are processed according to Art. 9(1) GDPR. If you have consented to the storage of cookies or to access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25(1) TDDDG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. The data processing may also be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR.

Recipients of personal data

In the scope of our business activities, we cooperate with various external parties. We only disclose personal data to external parties if this is required as part of the fulfillment of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Art. 6(1)(f) GDPR, or if another legal basis permits the disclosure of this data. When using processors, we only disclose personal data on the basis of a valid data processing agreement.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object under Art. 21 GDPR

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION-WORTHY GROUNDS FOR THE PROCESSING, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (ART. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work, or the place of the alleged violation.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. Direct transfer to another controller will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to demand information about your archived personal data, its source and recipients, and the purpose of the processing at any time. You may also have a right to have your data rectified or eradicated.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions on the processing of your personal data, in particular while a dispute over accuracy or lawfulness is being resolved, or where you need the data to claim, exercise or defend legal entitlements instead of having it eradicated.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as inquiries you submit to us as the website operator, this website uses SSL/TLS encryption. You can recognize an encrypted connection by the address line switching from “http://” to “https://” and by the lock icon in your browser.

4 · Recording of data
on this website

Cookies, log files, contact and appointments

Cookies

Our website uses what the industry refers to as “cookies”. Cookies are small data packages that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted once you terminate your visit.

Cookies that are required for the performance of electronic communication, for the provision of certain functions you want to use, or for the optimization of the website (required cookies) are stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator has a legitimate interest in the storage of required cookies to ensure the technically error-free and optimized provision of its services.

You have the option to set up your browser so that you are notified whenever cookies are placed, and to permit the acceptance of cookies only in specific cases, exclude their acceptance for certain cases or in general, and activate automatic deletion of cookies when the browser closes. If cookies are deactivated, the functionality of this website may be limited.

Server log files

The provider of this website automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

  • The type and version of browser used
  • The operating system used
  • Referrer URL
  • The hostname of the accessing computer
  • The time of the server inquiry
  • The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6(1)(f) GDPR. The operator has a legitimate interest in the technically error-free depiction and optimization of the website.

Contact form

If you submit inquiries to us via our contact form, the information provided in the form, including any contact information provided therein, will be stored by us in order to handle your inquiry and in the event of follow-up questions. We will not share this information without your consent.

The processing of this data is based on Art. 6(1)(b) GDPR, if your request relates to the performance of a contract or is necessary for pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of inquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR), if requested; consent can be revoked at any time.

The information you enter into the contact form remains with us until you ask us to delete it, revoke your consent to storage, or the purpose for storing it no longer applies (e.g., after your inquiry has been resolved). Mandatory statutory retention periods remain unaffected.

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request), will be stored and processed by us for the purpose of handling your request. We do not pass this data on without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your inquiry relates to the fulfillment of a contract or is required for pre-contractual measures. In all other cases, the data is processed on the basis of our legitimate interest in the effective handling of inquiries (Art. 6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR), if obtained; consent can be revoked at any time.

The data you send us remains with us until you request deletion, revoke your consent to storage, or the purpose for the data storage lapses (e.g., after completion of your request). Mandatory statutory retention periods remain unaffected.

Online appointment booking

On our website we offer the option to request appointments online. For the technical implementation we use a self-operated application on our own web server. As part of the appointment booking, personal data is processed and stored exclusively on our own web server. No data is transmitted to external providers, and no files are uploaded or transferred.

1. Data processed. Depending on configuration, the following personal data may be collected as part of the appointment booking:

  • First and last name
  • E-mail address
  • Phone number
  • Date and time of the requested appointment
  • Any further information voluntarily provided
  • The status of your appointment request (pending, confirmed or declined) as well as, where assigned by us when confirming or declining, a brief internal note on the appointment

2. Purpose of the processing. This data is processed exclusively for the purpose of:

  • Appointment scheduling
  • Appointment management
  • Communication in connection with the scheduled appointment

3. Legal basis. The legal basis for the processing is Art. 6(1)(b) GDPR (processing for the performance of a contract or to take steps prior to entering into a contract).

4. Storage. The personal data is stored only for as long as is necessary to process the appointment or as required by statutory retention periods.

5. No disclosure to third parties. Your personal data is not disclosed to third parties. Processing takes place entirely on our own servers.

6. SSL/TLS encryption. Data entered as part of the appointment booking is transmitted exclusively in encrypted form (SSL/TLS).

5 · Web
analytics

Umami, cookieless and self-hosted

This website uses the open-source web analytics tool Umami to statistically evaluate the use of our website and to improve it. With Umami we can see, for example, which pages are viewed and from which country the visits come. In doing so, technical data such as the page accessed, the referring page, the approximate location (country), the browser and the operating system are processed.

The use of Umami is based on Art. 6(1)(f) GDPR. We have a legitimate interest in the anonymized analysis of user behavior in order to optimize our website. No consent is required because Umami is operated without cookies.

Analysis without cookies

Umami does not store any cookies in your browser and does not store your IP address. Access to your device therefore does not take place, and no consent under § 25 TDDDG is required.

Hosting

We host Umami on our own server, so that all analysis data remains with us and is not passed on to third parties.

Storage period

The data collected by Umami is deleted after 6 months.

Objection to data collection

You can prevent the analysis at any time by blocking the analytics script in your browser, for example using a content blocker or a corresponding browser setting. The website can be used without restriction in that case.

6 · Audio and
video conferences

What a video appointment involves

Data processing

We use online conference tools, among other things, for communication with our clients. The tools we use are listed below. If you communicate with us by video or audio conference using the Internet, your personal data will be collected and processed by the provider of the respective conference tool and by us.

The conference tools collect all information you provide to use the tools (e-mail address and/or phone number), as well as duration, start and end time of participation, number of participants, and other metadata related to the communication.

Furthermore, the provider of the tool processes all technical data required for the online communication, in particular IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker, and the type of connection.

Please note that we do not have complete influence on the data processing procedures of the tools used. Our possibilities are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the provider's own privacy policy, listed below.

Purpose and legal bases

The conference tools are used to communicate with prospective or existing clients or to offer certain services to our clients (Art. 6(1)(b) GDPR). Furthermore, their use serves to simplify and accelerate communication with us (legitimate interest pursuant to Art. 6(1)(f) GDPR).

Duration of storage

Data collected directly by us via the conference tools will be deleted from our systems once you request deletion, revoke your consent, or the purpose for storing it no longer applies. We have no influence on the storage duration of data kept by the operators of the conference tools for their own purposes; for details, please contact them directly.

Zoom

We use the following conference tool: Zoom. The provider of this service is Zoom Communications Inc., San Jose, 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA. For details on data processing, please refer to Zoom's privacy policy.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission.

The company is certified under the “EU-US Data Privacy Framework” (DPF), an agreement between the European Union and the US intended to ensure compliance with European data protection standards for data processing in the US. Further information: dataprivacyframework.gov.

Data processing agreement

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that the provider processes personal data of our website visitors only based on our instructions and in compliance with the GDPR.

7 · Intake form
and appointments

What the form collects and how long it stays

At /en/divorce-form/ we provide the intake form that we would otherwise go through with you at the first consultation. It is voluntary: you can call us, write to us or arrange an appointment instead.

Which data is collected

The form asks for around sixty details that § 133 FamFG requires for the divorce petition:

- personal data of both spouses: name, name at birth, date and place of birth, nationality, address, phone and e-mail - financial details: occupation, employer, monthly net income, tax class - details of the marriage: wedding, registry office, date and circumstances of the separation, prenuptial agreement, matrimonial property regime, assets, debts, home and household goods, maintenance, pending proceedings, documents available - details of up to four shared minor children: name, date of birth, whom the child lives with - voluntarily, the religious affiliation of both spouses

Purpose and legal basis

We process these details in order to examine your enquiry, to prepare the engagement and, if you instruct us, to draw up the divorce petition. The legal basis is Art. 6(1)(b) GDPR (steps prior to entering into a contract and performance of the engagement).

Religious affiliation is a special category of personal data under Art. 9(1) GDPR. The form marks it as expressly voluntary; it is only needed where leaving a church or a religious wedding matters for the proceedings. The legal basis is your explicit consent under Art. 9(2)(a) GDPR, which you give by filling in that field and can revoke at any time with effect for the future. Leaving the field empty puts you at no disadvantage. Where the detail becomes necessary for the establishment, exercise or defence of legal claims in the proceedings, the processing is additionally based on Art. 9(2)(f) GDPR.

Data of the other spouse

The divorce petition requires the data of both spouses, even where only one of them instructs us. You therefore provide data about a person who has not given it to us themselves. For that person the duty to inform under Art. 14 GDPR applies: the controller is us with the details given in the legal notice, the categories of data and the purposes are set out in this section, and the source is the other side's intake form. We comply with that duty as soon as we contact the other side, at the latest within one month. It does not apply where the details are subject to the attorney's duty of confidentiality under Art. 14(5)(d) GDPR, for instance where the mere information about an intended petition would jeopardize the pursuit of your rights.

The person concerned has the same rights as you: information, rectification, erasure, restriction, data portability and complaint to a supervisory authority. The section “General and mandatory information” describes them in detail.

Interim state on your device

While you are filling in the form, your browser stores the interim state exclusively on your own device (`localStorage`), so that you can interrupt and continue later. Before you send the form, no data leaves your device; we have no access to that interim state. It is deleted when you send the form. This storage is strictly necessary for the service you expressly requested (§ 25(2) no. 2 TDDDG); you can end it yourself at any time by deleting the website data in your browser.

Transmission, storage and deletion

The form you send is transmitted encrypted (SSL/TLS) to our own server, delivered there in an e-mail to the firm and cached for the print view. That cache is deleted automatically no later than 120 days after receipt. There is no disclosure to third parties; your details do not leave our server.

If no engagement comes about, we delete your details once the enquiry has been dealt with. If an engagement comes about, they form part of the case file and are subject to the professional retention period of six years after the end of the calendar year in which the engagement ended (§ 50 BRAO); tax and commercial law retention periods remain unaffected.

Appointments

For the appointments you request via the contact form, the section “Online appointment booking” above applies: they run through a self-operated application on our own server, with no disclosure to third parties.