Information on the processing of your personal data

by Saxinger, Chalupsky & Partner Rechtsanwälte GmbH, FN 185084 h
("SCWP Schindhelm")

This notice describes how

Saxinger Chalupsky & Partner Rechtsanwälte GmbH, Böhmerwaldstraße 14, 4020 Linz, FN 185084 h, ("SCWP Schindhelm"),

as the responsible party within the meaning of the EU’s General Data Protection Regulation (GDPR), processes your personal data.

This declaration is addressed to the shareholding partners, executive bodies, contact persons or employees

  • of our potential, existing and former clients,
  • of public authorities, courts, notaries, insurance companies, banks,
  • of associated lawyers, opposing legal representatives, trustees
  • and of contractual/cooperation partners, communication partners, IT service providers, external experts (such as tax consultants, auditors, experts, translation agencies) and the legal directories.

1. Purposes of the data processing

The personal data provided by you will be processed for the purposes of

  • prevention of money laundering and terrorist financing
  • fulfilling mandates and contracts,
  • business evaluations,
  • correspondence,
  • assertion, exercise and defence of legal claims,
  • trustee operations,
  • newsletter distribution,
  • organisation of (online) events and seminars and
  • collaboration with legal directories on SCWP Schindhelm's participation in publicly accessible rankings within the

legal profession.

2. Legal bases of the data processing

The data is processed

  • on the basis of contractual performance (Art. 6 Section 1 b GDPR),
  • in fulfilment of legal obligations (Art. 6 Section 1 c GDPR),
  • to promote the legitimate interests of the responsible party (Art. 6 Section 1 f GDPR),
  • to assert, exercise or defend legal claims (Art. 6 Section 1 c, Art. 9 Section 2 f GDPR).

The processing of personal data for the purposes of preventing money laundering (Section 165 of the Austrian Criminal Code) and the financing of terrorism (Section 278 of the Austrian Criminal Code) is based on the Lawyers' Act (RAO) and is to be regarded as a matter of public interest in accordance with the GDPR. The processing of these data is therefore carried out in particular for the performance of a task which is in the public interest (Art. 6 Section 1 e GDPR).

3. Recipients of transmitted data

Your personal data will be transmitted to the minimum necessary extent - for the purposes mentioned under Par. 1 within the framework of the legal bases mentioned under Par. 2 - to:

  • the courts,
  • public authorities,
  • notaries,
  • insurance companies,
  • banks,
  • associated lawyers at home and abroad,
  • law firms within the Schindhelm Alliance,
  • opponents/ legal representatives of the opponents,
  • the Federal Minister of the Interior (Federal Criminal Police Office, Money Laundering Reporting Office),
  • external experts (such as tax consultants, auditors, experts, translation agencies),
  • the Bar Association,
  • the Chamber of Commerce/Chamber of Labour,
  • contractual/cooperation partners,
  • IT service providers (among other operations within the context of the maintenance of our IT programmes and the distribution of our newsletter)
  • and legal directories (including JUVE, Chambers & Partner and Legal 500).

3.1. Data transmission to non-EU countries

In principle, no data is transferred to non-EU countries.

However, if the respective mandate or business relationship requires it, we transfer data within the framework of the handling of the mandate relationship or the assertion, exercise or defence of legal claims of our clients to associated lawyers or law firms within the Schindhelm Allianz, opposing legal representatives, external experts, authorities, courts, notaries, banks, insurance companies and other contractual/cooperation partners domiciled in other EU countries.

Legal bases: Art. 49 Section 1 b, c and e GDPR

4. Information on the source of the data
(Art. 14 Section 2 f GDPR)

We collect personal data from the following publicly available sources for the purposes set out under point 1:

  • the land register,
  • the commercial register,
  • the central register of residents,
  • the central register of births, marriages and deaths,
  • the central register of associations,
  • GISA (GewerbeInformationsSystem Austria - Austrian Trade Information System),
  • the European Business Register,
  • the register of beneficial owners,
  • KSV 1870 (protection of creditor organisation).

In addition, electronic and/or personal inspection of files by authorities and courts may take place.

5. Retention period

We store your personal data until the end of the business relationship within the scope of which we have collected your data.

In addition, only the data which is absolutely necessary is stored on the basis of the applicable legal and contractual provisions or statute of limitations and retention obligations (Corporate Code, Federal Tax Code, Legal Code etc).

Insofar as your data is necessary to defend against possible claims for damages, your personal data will be processed in accordance with § 1489 of the General Civil Code (ABGB) for a period of 30 years, starting from the end of the respective business relationship.

6. Newsletter

It is a particular concern to us to keep our clients and business partners informed about selected current legal topics. We would be pleased to send you information on legal news and invitations to our events and lectures on a regular basis.

6.1. Purpose of the processing

The personal data provided by you when you subscribe to our newsletter or in the course of processing the mandate will be processed for the purpose of

  • sending you information about invitations to internal events and seminars, the latest legal developments at the domestic and international level, publications, new developments within our company and the Schindhelm Alliance, press releases and Christmas and birthday greetings by email and, if you voluntarily provide us with your address and telephone number, where appropriate also by post and/or telephone, as well as for the purpose of
  • analysing the click behaviour of the email recipient for the purpose of optimising the content we provide by means of web analytics,

and forwarded to our IT service provider for processing newsletter distribution operations.

6.2. Legal basis

The processing of your personal data by SCWP Schindhelm will be based either on the consent you provide (Art. 6 Section 1 a GDPR) to our sending you the newsletter or on our legitimate interest (Art. 6 Section 1 d GDPR, Section 107 of the Austrian Telecommunication Act 2003 – TKG 2003). If you do not give us your consent to receive our newsletter, you will only receive a newsletter from us if you have not exercised your right of objection. You will be informed separately about the possibility to object to receiving our newsletter. The provision of services in relation to legal representation/consulting is not dependent upon your consent or your objection.

The legal basis for the processing and evaluation of the click behaviour of the email recipient for the purpose of optimising editorial content by means of web analytics is – in accordance with Art. 6 Section 1 f GDPR – the legitimate interests of SCWP Schindhelm. The evaluation is carried out so that we can optimise the content of our newsletter and make it as attractive and informative as possible for our subscribers.

6.3. Retention period

The data which is processed for the indicated purposes will basically be saved until you withdraw your consent or until you object to being sent the newsletter. Beyond this only any data which has to be retained because of the applicable statutory regulations or mandatory retention periods for the purpose of proving your consent and/or withdrawal of this consent will be saved.

6.4. Withdrawal of your consent

You can at any time withdraw your consent to being sent the newsletter by sending an email to crm(at)scwp.com. Alternatively you can at any time cancel your subscription to the newsletter by clicking on the “Unsubscribe” button at the end of the newsletter. Your withdrawal of your consent does not affect the legality of the processing of your data which took place beforehand on the basis of your consent.

7. Preparation and transmission of submissions for participation in rankings

SCWP Schindhelm regularly takes part in submissions to participate in rankings in the legal industry.

7.1. Purpose of the processing

The personal data provided by you in the course of processing the mandate will be processed for the purposes of SCWP Schindhelm's participation in publicly accessible rankings in the legal profession.

  • For this purpose and for the purpose of contacting and questioning clients about their satisfaction of the support and legal advice provided by SCWP Schindhelm within the scope of the respective mandate,
  • the contact details of the contact persons you have provided and the type of mandate involved, as well as a description of the activities carried out by SCWP Schindhelm within the framework of this mandate are transmitted
  • to the legal directories (incl. JUVE, Chambers & Partner and Legal 500).

7.2. Legal basis

The processing of your personal data by SCWP Schindhelm will be based exclusively on the consent you provide (Art. 6 Section 1 a GDPR). The provision of services in relation to legal representation/consulting is not dependent upon this consent. You can revoke your consent to the establishment of contact and questioning about the satisfaction and support and legal advice by the legal directories at any time by sending an email to your attorney/legal advisor. Your withdrawal of your consent does not affect the legality of the processing of your data which took place beforehand on the basis of your consent.

8. Rights of data subjects, right of complaint

You have a right to information about personal data concerning you, together with the correction or deletion of such data, restriction of its processing, objection to its processing as well as data transferability and revocation of your consent at any time. Your withdrawal of your consent does not affect the legality of the processing of your data which took place beforehand on the basis of your consent.

In addition, if you have any concerns regarding the processing of your personal data, you have the right at any time to file a complaint with the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Wien (dsb(at)dsb.gv.at).

9. Contact details, data protection officer

If you have any questions regarding the processing of your data by SCWP Schindhelm or if you wish to exercise your rights as a data subject, please contact us as follows:

  • by letter to: Saxinger, Chalupsky & Partner Rechtsanwälte GmbH, Böhmerwaldstraße 14, A-4020 Linz,
  • by telephone on: +43 (0)732 603030 or
  • by email to: crm(at)scwp.com.

If you have any questions regarding data protection, please do not hesitate to contact our data protection officer by email at datenschutzbeauftragte(at)scwp.com.