Law Office Berghorn is a law firm specialized in maritime business law as well as national and international contract law

Legal Notice and Privacy Policy

Legal Notice According to German Telemedia Act § 5

Law Office Berghorn Rechtsanwältin Mareike Berghorn Parkstraße 72 22605 Hamburg Germany lawoffice@berghorn.legal Phone: +49 40 77186907 Fax: +49 40 77186908 Mobile: +49 151 21210991

VaT-No. DE 329641367

Job title

Attorney at law under German law, by virtue of being admitted to the bar in the Federal Republic of Germany.

Bar Association Membership:

Member of the Hanseatic Bar Association (Hanseatische Rechtsanwaltskammer Hamburg) Valentinskamp 88 20355 Hamburg Phone: +49 40 35 74 41 0 Fax: +49 40 35 74 41 41 Webpage: https://www.rak-hamburg.de E-Mail: info@rechtsanwaltskammerhamburg.de

Professional regulations for lawyers:

• Federal Lawyers’ Order (BRAO)
• Professional Code (BORA)
• Specialist Lawyers’ Code (FAO)
• Act for the Remuneration of Lawyers (RVG)
• Professional Rules for Lawyers in the European Community
• Act for the Activities of European Lawyers in Germany (EuRAG)

Further details of the above can be found on the Homepage of the Federal Lawyers’ Chamber, http://www.brak.de/seiten/06.php, under the page “Berufsrecht”.

Out-of-court settlement:

Upon application out-of-court settlement is possible at the Hamburg Bar Association in accordance with § 73 para. 2 no. 3 BRAO or at the arbitration body of the legal profession (Schlichtungsstelle der Rechtsanwaltskammer) (§ 191f BRAO) of the Federal Bar Association, available on the web via the website of the Federal Bar Association (www.brak.de) and the arbitration body of the legal profession (www.schlichtungsstelle-der-rechtsanwaltschaft.de), E-Mail: schlichtungsstelle@brak.de

Online Dispute Resolution

The online dispute resolution platform of the European commission is available via the link: ec.europa.eu/consumers/odr.The Law Office Berghorn is neither obliged nor willing to participate in a dispute settlement procedure on this platform.

Professional indemnity insurance

Dialog Versicherung AG Adenauerring 7 81737 München

Liability for content

All contents of this website are subject to the following terms of use: The content of Law Office Berghorn’s webpages is of general interest and is not intended to apply to specific circumstances. We make every effort to keep the information on our webpage current but accept no liability whatsoever for the content provided. Pursuant to § 7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these webpages. According to §§ 8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our webpages. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.

Copyright

The content and works provided on these webpages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this website are only permitted for private and non-commercial use. As far as the content of this website was not created by the operator, the copyrights of third parties have to be respected. Contents of third parties are in particular marked. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. As soon as we become aware of such a violation, we will remove the corresponding content.

Terms of use / Data Protection

1. Communication by email

If we receive an email from you, we shall assume that we may reply to you via email. Otherwise, you must make express reference to an alternative form of communication. In case of sensitive information, we urgently suggest using the postal services request.

2. Data Protection and Data Secrecy

All persons who are mentioned on this website strongly object any use of their addresses for commercial purposes (Protection of Privacy). You may dial into our Internet offer and make use thereof without disclosing your identity to us. However, if you want to get in touch with us, it might become necessary for us to ascertain, store, process and use particulars about your personal or factual circumstances pointing to your identity (personal data, e.g. name, e-mail address, mailing address, telephone number). In so doing, we will always comply with the data protection provisions. We may disclose personal information if required to do so by law, court order or for the purposes of prevention of fraud or other crime or if we believe that such action is necessary to protect and defend the rights, property or personal safety of Law Office Berghorn, its website or its visitors. By using the Law Office Berghorn website, you consent to the collection and use of your information by Law Office Berghorn as set out in its privacy policy. If we change our privacy policy in any way, these changes will be posted on this page.

Applicable law

The legal information on this page and all questions and disputes relating to this website are subject to the laws of the Federal Republic of Germany.   Web design and development: deux    

Privacy Policy

1. Name and address of the person responsible

The person responsible within the meaning of the basic data protection regulation and other national data protection laws of the member states as well as other data protection regulations is: Law Office Berghorn Ballindamm 39 20095 Hamburg Germany E-Mail: lawoffice@berghorn.legal Phone: +49 40 99999 3476 Website: www.berghorn.legal Attorney of Law: Mareike Berghorn The data protection officer can also be reached via this contact details.

2. Supervisory authority

The supervisory authority responsible for our firm for the topic of data protection is the Hamburg State Data Protection Officer: https://www.datenschutz-hamburg.de/. You can contact the authority if you wish to lodge a complaint regarding data protection. The Bar Association is responsible for matters of professional ethics.

3. Collection and storage of personal data and the type and purpose of its use

a) Visit on our Website

When you visit our website, the browser you use automatically sends information to the server on our website. The following information are collected and stored until automatic deletion:

• IP address,
• Date and time of the server request,
• Referrer URL,
• Browser type and browser version,
• Operating system used,
• Host name of the accessing computer.

These data are only stored temporarily in a so-called log file. Not affected by this are the IP addresses of the user or other data that allow the assignment of the data to a user. A storage of this data together with other personal data of the user does not take place. When using this data, we draw no conclusions about the person concerned. The legal basis for this processing is Art. 6 Sec. 1 p. 1 lit. f GDPR. The legitimate interest in the meaning of the GDPR is providing a working website with properly delivered content, optimizing our systems and providing law enforcement with the information needed to prosecute cyberattacks. As soon as there is no legitimate interest and there is no statutory retention requirement, these data will be routinely deleted.

b) Contact form

On our website is a contact form available, which can be used for electronic contact. If a user realizes this option, the data entered in the input mask will be transmitted to us and saved. These data are:

• Name
• Phone number
• Post Code
• E-Mail address
• Your personal information in the subject or free text.

We need the collected data solely to answer your contact request. The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection.

The legal basis for this data processing is Art. 6 Sec. 1 p. 1 lit. a GDPR.

4. Disclosure of data

In general, we do not transfer personal data to third parties. A transfer only takes place, if

• you have given your express consent (Art. 6 Sec. 1 p. 1 lit. a GDPR);
• if a legitimate interest in such transfer exists and there is no reason to assume that you have an overriding and legitimate interest in your data not being transferred (Art. 6 Sec. 1 p. 1 lit. f GDPR);
• if a transfer is necessary for compliance with a legal obligation (Art. 6 Sec. 1 p. 1 lit. c GDPR);
• if a transfer is necessary for the performance of a contract to which you are a party (Art. 6 Sec. 1 p. 1 lit. b GDPR).

5. Rights of data subject

As the person concerned (= data subject) you have the following rights against the Controller. If you wish to assert any of such rights, please contact the Controller under the contact details mentioned in 1.

• Right of access (Art. 15 GDPR) You have the right to obtain information from the Controller on whether or not personal data concerning you are being processed. Where that is the case, you may obtain from the Controller access to the personal data and information on the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipient to whom the personal data have been or will be disclosed; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from you, any available information as to their source; the existence of automated decision-making, including profiling.
• Right to Rectification (Art. 16 GDPR) You have the right to obtain from the Controller without undue delay the rectification and/or completion of personal data concerning you that is incorrect or incomplete.
• Right of erasure (Art. 17 GDPR) You have the right to obtain from the Controller the erasure of personal data stored by us, if the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; if you withdraw consent on which the processing is based, and where there is no other legal ground for the processing; if you object to the processing pursuant to Art. 21, Sec. 1 and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21, Sec. 2; if the personal data have been unlawfully processed; if the personal data have to be erased for compliance with a legal obligation; or if the personal data have been collected in relation to the offer of information society services referred to in Art. 8, Sec. 1 GDPR. This right to erasure does not apply to the extent that processing is necessary for exercising the right of freedom of expression and information; for compliance with a legal obligation; for reasons of public interest; or for the establishment, exercise or defence of legal claims.
• Right to Restriction of Processing (Art. 18 GDPR) You have the right to obtain from the Controller restriction of processing, if the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data; if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; if the Controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or if you have objected to processing pursuant to Art. 21 Sec. 1 GDPR, pending the verification whether the legitimate grounds of the Controller override those of you. Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. If you have obtained restriction of processing, you shall be informed by the Controller before the restriction of processing is lifted.
• Right to Data Portability (Art. 20 GDPR) You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.
• Right to Withdraw Consent (Art. 7 Sec. 3 GDPR) You have the right to withdraw your consent at any time so that we are not allowed to continue processing data based on such consent in the future.
• Right to lodge a complaint with a supervisory authority (Art. 77 GDPR) You have the right to lodge a complaint with a supervisory authority. You may address the supervisory authority of your habitual residence or place of work, or the supervisory authority concerned with us.

7. Right to object

Insofar as your personal data are processed on the basis of legitimate interests in accordance with Art. 6 Sec. 1 p. 1 lit. f GDPR, you have the right to object such processing of your personal data on grounds relating to your particular situation according to Art. 21 DSGVO. If your objection is directed against direct marketing, you have a general right to object which we will implement without you being required to submit grounds relating to your particular situation. If you would like to exercise your right of withdrawal or objection, an email to lawoffice@berghorn.legal is sufficient.

8. Data security

To protect your data, we use the SSL (Secure Socket Layer) method on our website, combined with the highest level of encryption supported by your browser. Whether a single page of our website is transmitted in encrypted form is indicated by the closed presentation of the key or lock symbol in the status bar of your browser. Incidentally, we use appropriate technical and organizational security measures to protect your data against manipulation, loss, destruction or against unauthorized access by third parties.

9. Currency and amendment of this privacy policy

This Privacy Policy is currently applicable in its version from April 2020. A further development of our services and website or amended statutory regulations may make it necessary to amend this Privacy Statement in the future.