1. Name and contact details of the controller

This privacy information applies to data processing by:

Smart Employment Law GbR
Responsible partners: Raphael Lugowski, Hamza Gülbas
Max-Brauer-Allee 81, D-22765 Hamburg, Germany
Email: kontakt@smart-arbeitsrecht.de
Telephone: +49 (0) 40 524 717 830
Fax: +49 (0) 40 524 717 835

2. Collection and storage of personal data and the nature and purpose of their use

a) When you visit the website

When you visit our website www.smart-arbeitsrecht.de, the browser used on your device automatically sends information to our website server. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automatically deleted:

IP address of the requesting computer,
Date and time of access,
Name and URL of the retrieved file,
Website from which access is made (referrer URL),
browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

We process the above data for the following purposes:

Ensuring a smooth connection to the website,
Ensuring a comfortable, visitor-oriented use of our website,
Evaluation of system security and stability as well as
for further administrative purposes.

The legal basis for data processing is Art. 6 (1) (f) GDPR. Our legitimate interest arises from the purposes for data collection listed above. Under no circumstances will we use the collected data to draw conclusions about you personally.

Regarding cookies and analysis services: See sections 4 and 5 of this privacy policy.

b) When using our contact form

If you have any questions, we offer you the opportunity to contact us using a form provided on our website. You must provide a valid email address so that we know who sent the inquiry and can respond to it. You can provide additional information voluntarily.

Data processing for the purpose of contacting us is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your voluntarily granted consent. The personal data we collect for the use of the contact form will be automatically deleted after your request has been processed.

c) hCaptcha

To submit the contact form, hCaptcha must first be used correctly. hCaptcha is a tool designed to determine whether the contact form users are human. Due to the large number of spam requests, using a tool like hCaptcha is unavoidable. Alternative filtering methods, such as city names or simple math problems, are ineffective against intelligent spam requests.

hCaptcha has designed its systems to avoid the collection and processing of personal data wherever possible, or to limit it to what is technically necessary to ensure the functionality of the service. Where avoidance is not possible for technical reasons, the personal data is immediately discarded or anonymized. hCaptcha maintains limited, random log data about network events to operate its services. The metadata collected contains no or very limited personal data, typically only the user's IP address. hCaptcha is registered with the EU-US, UK-US, and Swiss-US data protection frameworks.

A data processing agreement with hCaptcha exists.

c) When using the client query tool on the termination page or the home page upon termination

To provide optimal service, we offer our visitors the opportunity to use our client query tool on the cancellation page: https://smart-arbeitsrecht.de/anwalt-kuendigung-arbeitsrecht/#aufnahmebogen

The tool is designed to provide the lawyer with important information about the termination prior to an initial assessment. This allows the lawyer to provide you with qualified advice during the initial assessment. It also avoids the initial assessment being burdened by detailed questions, allowing the focus of the consultation to be on the initial legal assessment.

The following personal data is requested in the penultimate window of the tool: first name, last name, email address, telephone number.

The tool's query will ask for various data and circumstances related to the termination that are relevant to your protection against dismissal. This includes questions about any special protection against dismissal that may exist, for example, due to a severe disability.

Because the tool also requests special categories of personal data, we attach particular importance to data security, data protection, and data confidentiality. All communication is encrypted. Your data is transmitted in encrypted form and temporarily stored on the technically and physically secure firm's server, to which only the firm owner has access. After processing, the data is immediately deleted.

Data processing for the purpose of a qualified initial assessment using the client query tool is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your voluntarily granted consent. The personal data we collect for the use of the tool will be automatically deleted after your inquiry has been processed.

d) When using the severance pay check tool

Interested visitors have the opportunity to use the “Compensation Check” tool at the link: https://smart-arbeitsrecht.de/abfindungs-check-pruefe-deine-chancen-auf-eine-abfindung-in-1-minute/ to have a quick check to see whether your case is one of those where, based on experience, the payment of a severance payment can be expected with a certain degree of probability.

This tool primarily serves as a self-check for visitors, automatically providing them with initial guidance regarding the time limit for filing a claim for unfair dismissal protection, the applicability of the Dismissal Protection Act, and special dismissal protection. These are the parameters that often determine whether employers will (voluntarily) pay severance pay in a lawsuit.

When using the tool, anonymous data is initially collected. On the last page, the visitor is presented with results on the following aspects: compliance with the deadline for filing a claim for unfair dismissal protection, applicability of the Dismissal Protection Act, special dismissal protection, and an initial assessment of the chances of receiving severance pay (without guarantee).

On the last page, the user has the option of leaving his contact details and legal expenses insurance details if he wishes to contact a lawyer directly based on the results.

Because the tool also requests special categories of personal data, we attach particular importance to data security, data protection, and data confidentiality. All communication is encrypted. Data is transmitted in encrypted form and temporarily stored on the firm's technically and physically secure server, to which only the firm owner has access. The data is deleted immediately after processing.

Data processing for the purpose of a qualified initial assessment using the tool and subsequent assessment is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your voluntarily granted consent. The personal data we collect for the use of the tool will be automatically deleted after your request has been processed.

3. Sharing of data

Your personal data will not be transferred to third parties for purposes other than those listed below.

We will only share your personal information with third parties if:

You have given your express consent in accordance with Art. 6 (1) (a) GDPR,
the transfer is necessary according to Art. 6 (1) (f) GDPR to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not transferring your data,
in the event that there is a legal obligation to transfer data in accordance with Art. 6 (1) (c) GDPR, and
this is legally permissible and is necessary for the processing of contractual relationships with you according to Art. 6 (1) (b) GDPR.

4. Cookies

Consent with Borlabs Cookie

Our website uses Borlabs Cookie consent technology to obtain your consent to the storage of certain cookies in your browser or to the use of certain technologies and to document this consent in compliance with data protection regulations. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg (hereinafter "Borlabs").

When you visit our website, a Borlabs cookie is stored in your browser, which stores the consent you have granted or the revocation of this consent. This data is not shared with the provider of Borlabs cookies.

The collected data will be stored until you request its deletion, until you delete the Borlabs cookie yourself, or until the purpose for storing the data no longer applies. Mandatory statutory retention periods remain unaffected. Details on Borlabs Cookie's data processing can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.

Borlabs Cookie Consent technology is used to obtain the legally required consent for the use of cookies. The legal basis for this is Art. 6 (1) (c) GDPR.

5. Analysis tool

Google Tag Manager

We use Google Tag Manager, provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. Google Tag Manager itself does not create user profiles, stores cookies, or perform independent analyses. It is used solely to manage and display the tools integrated through it. However, Google Tag Manager records your IP address, which may also be transmitted to Google's parent company in the United States.

Google Tag Manager is used on the basis of Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in the quick and uncomplicated integration and management of various tools on its website. If consent has been requested, processing will be carried out exclusively on the basis of Art. 6 (1) (a) GDPR and Section 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user's device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

The company is certified under the EU-US Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the United States designed to ensure compliance with European data protection standards when processing data in the United States. Every company certified under the DPF is committed to adhering to these data protection standards. Further information is available from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

Google Analytics

This website uses features of the web analysis service Google Analytics. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables website operators to analyze the behavior of website visitors. This provides the website operator with various usage data, such as page views, length of visit, operating systems used, and user origin. This data is assigned to the user's respective device. It is not assigned to a user ID.

Furthermore, Google Analytics allows us to record your mouse and scroll movements, clicks, and more. Furthermore, Google Analytics uses various modeling approaches to supplement the collected data sets and employs machine learning technologies for data analysis.

Google Analytics uses technologies that enable user recognition for the purpose of analyzing user behavior (e.g., cookies or device fingerprinting). The information collected by Google about your use of this website is usually transferred to a Google server in the USA and stored there.

The use of this service is based on your consent in accordance with Art. 6 (1) (a) GDPR and Section 25 (1) TDDDG. This consent can be revoked at any time.

Data transfer to the USA is based on the EU Commission's standard contractual clauses. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

IP anonymization

Google Analytics IP anonymization is activated. This means that your IP address will be shortened by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Browser plugin

You can prevent Google from collecting and processing your data by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

For more information on how Google Analytics handles user data, please see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Order processing

We have concluded a data processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Google Ads

The website operator uses Google Ads. Google Ads is an online advertising program provided by Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Ads enables us to display advertisements in the Google search engine or on third-party websites when users enter specific search terms into Google (keyword targeting). Furthermore, targeted advertisements can be displayed based on user data available to Google (e.g., location data and interests) (audience targeting). We, as website operators, can evaluate this data quantitatively, for example, by analyzing which search terms led to the display of our advertisements and how many ads resulted in corresponding clicks.

The use of this service is based on your consent in accordance with Art. 6 (1) (a) GDPR and Section 25 (1) TDDDG. This consent can be revoked at any time.

Data transfer to the USA is based on the EU Commission's standard contractual clauses. Details can be found here: https://policies.google.com/privacy/frameworks and https://business.safety.google/controllerterms/.

Google Conversion Tracking

This website uses Google Conversion Tracking. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

With the help of Google Conversion Tracking, we and Google can determine whether the user has performed certain actions. For example, we can evaluate which buttons on our website were clicked and how often, and which products were viewed or purchased most frequently. This information is used to compile conversion statistics. We learn the total number of users who clicked on our ads and what actions they performed. We do not receive any information that could personally identify the user. Google itself uses cookies or similar recognition technologies for identification.

The use of this service is based on your consent in accordance with Art. 6 (1) (a) GDPR and Section 25 (1) TDDDG. This consent can be revoked at any time.

For more information about Google Conversion Tracking, please see Google’s privacy policy: https://policies.google.com/privacy?hl=de.

6. Rights of data subjects

You have the right:

Pursuant to Art. 15 GDPR, you have the right to request information about your personal data processed by us. In particular, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected from us, as well as the existence of automated decision-making, including profiling, and, where applicable, meaningful information on its details.
to request the immediate correction or completion of any inaccurate personal data stored by us in accordance with Art. 16 GDPR;
to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
to request the restriction of the processing of your personal data pursuant to Art. 18 GDPR if you contest the accuracy of the data, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing pursuant to Art. 21 GDPR;
pursuant to Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another controller;
According to Art. 7 (3) GDPR, you have the right to revoke your consent at any time. This means that we may no longer continue the data processing based on this consent in the future and
Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority at your usual place of residence or work, or at our headquarters.

7. Right of objection

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) (f) GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, provided there are reasons for doing so that arise from your particular situation or if the objection is directed against direct marketing. In the latter case, you have a general right of objection, which we will implement without specifying a particular situation.

If you exercise your right of objection, we will stop processing the data in question. However, we reserve the right to continue processing (except for direct marketing) if we can demonstrate compelling legitimate grounds for the processing that override your interests, fundamental rights, and freedoms, or if the processing serves to assert, exercise, or defend legal claims.

If you wish to exercise your right of withdrawal or objection, simply send an email to kontakt@smart-arbeitsrecht.de

8. Data security

During your visit to our website, we use the widely used SSL (Secure Socket Layer) method in conjunction with the highest level of encryption supported by your browser. This is generally 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is being transmitted encrypted by the closed key or lock symbol in the lower status bar of your browser.

We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction, or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

9. Currentness and changes to this privacy policy

This privacy policy is currently valid and is dated September 2024.

Due to the ongoing development of our website and the services it offers, or due to changes in legal or regulatory requirements, it may become necessary to amend this privacy policy. The current privacy policy can be accessed and printed at any time on the website at https://www.smart-arbeitsrecht.de/datenschutzerklaerung.