Data pro­tec­tion — Ubber Labour & Law — Employ­ment law at its best

1. Name and con­tact details of the data con­troller

This pri­va­cy pol­i­cy applies to data pro­cess­ing by:

Data con­troller: Ubber Labour & Law Part­ner­schaft mbB, Feld­bergstr. 35, 60323 Frank­furt

E‑Mail: contact@ubberlabourlaw.com

Phone: +49 (0)69 2043 658 00

There is no com­pa­ny data pro­tec­tion offi­cer. The con­tact per­son for data pro­tec­tion issues is: Beat­rice Christin Hotze, who can be reached using the con­tact details above.

We main­tain social media pres­ences on var­i­ous plat­forms (e.g. LinkedIn). In this con­text, the respec­tive plat­form oper­a­tor is pri­mar­i­ly respon­si­ble for data pro­tec­tion. Infor­ma­tion about data pro­cess­ing can be found in the respec­tive pri­va­cy poli­cies of the social media providers:

LinkedIn: https://de.linkedin.com/legal/privacy-policy

ULL is joint­ly respon­si­ble with the oper­a­tor of the social media plat­form for the fol­low­ing pro­cess­ing oper­a­tions under data pro­tec­tion law:

• Eval­u­a­tion of sta­tis­tics on vis­i­tor usage behav­iour. This data is only avail­able to us in anonymised form on a reg­u­lar basis.
• Inter­ac­tions via chat func­tions on the social media plat­form.
• Reac­tions to our posts (e.g. through com­ments, likes, etc.).

2. Col­lec­tion and stor­age of per­son­al data, as well as the type and pur­pose of its use

2.1. 2.1. Clients and poten­tial clients

When you engage us, we col­lect the fol­low­ing infor­ma­tion:

• Basic data such as your name (with name affix­es or titles), the com­pa­ny you work for, your job title or posi­tion, and your rela­tion­ship to a per­son
• Con­tact details such as your postal address, email address, and tele­phone number(s)
• Infor­ma­tion about finan­cial mat­ters, e.g. pay­ment trans­ac­tions
• Iden­ti­fi­ca­tion, back­ground and finan­cial infor­ma­tion that you pro­vide to us as part of our ini­tial due dili­gence and ongo­ing mon­i­tor­ing pro­ce­dures or that we col­lect in this con­text
• Per­son­al data that has been pro­vid­ed to us by or for our clients in the course of pro­vid­ing ser­vices to them or that has been cre­at­ed by us in this con­text; this may include spe­cial cat­e­gories of data
• Oth­er infor­ma­tion about you that you may pro­vide to us

This data is col­lect­ed

• to enable us to iden­ti­fy you as our client
• to pro­vide you with appro­pri­ate legal advice and rep­re­sen­ta­tion
• for cor­re­spon­dence with you
• for invoic­ing pur­pos­es
• to process any lia­bil­i­ty claims that may arise and to assert any claims against you
• to con­trol access to our premis­es and for secu­ri­ty pur­pos­es
• to ful­fil legal and reg­u­la­to­ry oblig­a­tions and require­ments in the area of risk man­age­ment; this also includes the estab­lish­ment, enforce­ment or defence of legal claims and com­pli­ance with pro­fes­sion­al reg­u­la­tions applic­a­ble to us, the pre­ven­tion of crim­i­nal offences and fraud, and the pro­tec­tion of third-par­ty rights

Data pro­cess­ing is car­ried out at your request and is nec­es­sary for the pur­pos­es stat­ed in Art. 6 (1) sen­tence 1 lit. b GDPR for the appro­pri­ate pro­cess­ing of the man­date and for the mutu­al ful­fil­ment of oblig­a­tions aris­ing from the man­date agree­ment and for com­pli­ance with legal and reg­u­la­to­ry require­ments.

The per­son­al data col­lect­ed for the pur­pose of the man­date will be stored until the expiry of the statu­to­ry reten­tion peri­od for lawyers (6 years after the end of the cal­en­dar year in which the man­date was ter­mi­nat­ed) and then delet­ed, unless we are oblig­ed to store it for a longer peri­od in accor­dance with Art. 6 (1) sen­tence 1 lit. c GDPR due to tax and com­mer­cial law reten­tion and doc­u­men­ta­tion oblig­a­tions (from the Ger­man Com­mer­cial Code (HGB), the Ger­man Crim­i­nal Code (StGB) or the Ger­man Fis­cal Code (AO)) or you have con­sent­ed to fur­ther stor­age in accor­dance with Art. 6 (1) sen­tence 1 lit. a GDPR.

2.2 Appli­cants

Dur­ing the appli­ca­tion process, we only process the per­son­al data that you share with us in the course of your appli­ca­tion. As a rule, this includes the fol­low­ing data:

• Sur­name, first name and date of birth
• Con­tact details (tele­phone num­ber, email address, address)
• Appli­ca­tion data such as CV, cov­er let­ter and ref­er­ences
• Infor­ma­tion on your state of health or severe dis­abil­i­ty
• An appli­ca­tion pho­to
• Account details in the event of reim­burse­ment of trav­el expens­es
• Oth­er infor­ma­tion relat­ing to you that you may pro­vide to us
• Fur­ther infor­ma­tion that you pro­vide dur­ing the inter­view

We do not con­duct auto­mat­ed deci­sion-mak­ing in accor­dance with Art. 22 (1) and (4) GDPR – includ­ing pro­fil­ing.

This data is col­lect­ed

• to review your appli­ca­tion and your suit­abil­i­ty for the adver­tised posi­tion
• for cor­re­spon­dence with you
• to car­ry out the appli­ca­tion process
• to defend or enforce legal claims
• to con­trol access to our premis­es and for secu­ri­ty pur­pos­es
• to ful­fil legal and reg­u­la­to­ry oblig­a­tions and require­ments in the area of risk man­age­ment; this also includes the estab­lish­ment, enforce­ment or defence of legal claims and com­pli­ance with pro­fes­sion­al reg­u­la­tions applic­a­ble to us, the pre­ven­tion of crim­i­nal offences and fraud, and the pro­tec­tion of third-par­ty rights

If your appli­ca­tion doc­u­ments con­tain spe­cial cat­e­gories of per­son­al data in accor­dance with Art. 9 (1) GDPR, we will process these with­in the scope of the appli­ca­tion process for the exer­cise of rights or the ful­fil­ment of oblig­a­tions under labour law, social secu­ri­ty law and social pro­tec­tion law. The legal basis for this is Art. 6 (1) sen­tence 1 lit. c GDPR in con­junc­tion with Art. 9 (2) lit. b GDPR and § 26 (3) BDSG.

Your data will be delet­ed no lat­er than 6 months after the end of the appli­ca­tion process for the posi­tion to which you have applied, unless we have hired you. If we have con­clud­ed an employ­ment con­tract with you, your appli­ca­tion data will be includ­ed in your per­son­nel file.

2.3. 2.3. Social media plat­forms

When you vis­it our social media sites, the respec­tive social media provider col­lects per­son­al data about users (usage data), regard­less of whether you are logged in or not, some of which is shared with us in the form of user sta­tis­tics. How­ev­er, we do not have full access to the data col­lect­ed or your pro­file data.

The fol­low­ing infor­ma­tion, for exam­ple, may be pro­vid­ed to us anony­mous­ly:

• Followers/fans, etc.: Devel­op­ment of the num­ber of peo­ple who fol­low ULL
• Reach: e.g. num­ber of peo­ple who see a spe­cif­ic post
• Ad per­for­mance (if rel­e­vant): How many peo­ple saw an ad?
• Demo­graph­ics: Aver­age age of vis­i­tors, gen­der, place of res­i­dence, lan­guage.

How­ev­er, we can­not draw any con­clu­sions about indi­vid­ual users from the usage data. Sta­tis­tics are only used to improve the online offer­ing on our social media sites and to bet­ter respond to user inter­ests.

If you inter­act with us via social media, e.g. by send­ing us an appli­ca­tion or oth­er mes­sage or com­ment­ing on posts, the rel­e­vant con­tent of the inter­ac­tion will be processed by ULL. In addi­tion, ULL may be able to see the pub­lic infor­ma­tion on your pro­file, which you can man­age your­self.

The legal basis for the above pro­cess­ing by ULL in con­nec­tion with appli­ca­tions is gen­er­al­ly Sec­tion 26 (1) sen­tence 1 BDSG (neces­si­ty for decid­ing on the estab­lish­ment of an employ­ment rela­tion­ship).

In all oth­er respects, the legal basis for pro­cess­ing is Art. 6 para. 1 sen­tence 1 lit. f GDPR (our legit­i­mate inter­est in con­duct­ing busi­ness cor­re­spon­dence or, for exam­ple, respond­ing to enquiries about us as an employ­er).

In con­nec­tion with our social media pres­ence, we do not store any per­son­al data on the servers we use, except in cas­es where we process your infor­ma­tion inter­nal­ly (direct com­mu­ni­ca­tion, e.g. appli­ca­tions). In these cas­es, the pro­vi­sions set out in the data pro­tec­tion infor­ma­tion for appli­cants apply to appli­ca­tions.

We also have reg­u­lar access to the data stored by the respec­tive social media plat­form. For more info on how your per­son­al data is stored by the social media plat­form oper­a­tor, check out the pri­va­cy pol­i­cy of the respec­tive social media provider.

3. Trans­fer of data to third par­ties

3.1 Clients and poten­tial clients

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

Inso­far as this is nec­es­sary for the pro­cess­ing of client rela­tion­ships with you in accor­dance with Art. 6 para. 1 sen­tence 1 lit. b GDPR, your per­son­al data will be passed on to third par­ties. This includes, in par­tic­u­lar, the trans­fer to oppos­ing par­ties and their rep­re­sen­ta­tives (in par­tic­u­lar their lawyers) as well as courts and oth­er pub­lic author­i­ties for the pur­pose of cor­re­spon­dence and to assert and defend your rights.

Under cer­tain cir­cum­stances, we may also dis­close your per­son­al data to cer­tain trust­ed third par­ties with whom we have con­trac­tu­al rela­tion­ships, includ­ing:

• Exter­nal ser­vice providers to whom we out­source cer­tain sup­port ser­vices such as word pro­cess­ing, trans­la­tions, copy­ing and doc­u­ment review
• Third par­ties whom we com­mis­sion in the course of pro­vid­ing our ser­vices to our clients, such as tri­al lawyers, local legal advi­sors and tech­nol­o­gy ser­vice providers such as providers of data room or client man­age­ment ser­vices; in such cas­es, data will only be trans­ferred with the pri­or con­sent of the clients con­cerned
• Third par­ties who assist in the organ­i­sa­tion or imple­men­ta­tion of events or sem­i­nars

The data trans­ferred may only be used by the third par­ty for the pur­pos­es spec­i­fied.

The attor­ney-client priv­i­lege remains unaf­fect­ed. Inso­far as data is sub­ject to attor­ney-client priv­i­lege, it will only be dis­closed to third par­ties in con­sul­ta­tion with you.

Fur­ther­more, we may dis­close per­son­al data to super­vi­so­ry author­i­ties, courts, gov­ern­ment agen­cies and law enforce­ment author­i­ties if this is nec­es­sary or jus­ti­fied for the rea­sons stat­ed in this pol­i­cy. In rare cas­es, we may be com­pelled to dis­close your data due to legal or reg­u­la­to­ry require­ments. We will make rea­son­able efforts to inform you in advance, unless we are pro­hib­it­ed from doing so by law.

No data will be trans­ferred to a third coun­try.

3.2 Appli­cants

Your appli­cant data will only be passed on to those depart­ments or per­sons at ULL who need it to car­ry out the appli­ca­tion process and to review appli­cants.

No data will be trans­ferred to a third coun­try.

3.3 Social media plat­forms

Your data will only be used or for­ward­ed inter­nal­ly by the per­sons respon­si­ble. Please refer to the pri­va­cy pol­i­cy of the respec­tive social media net­work to find out who is involved in the pro­cess­ing of data at the respec­tive social media provider.

We do not trans­fer data to third coun­tries. How­ev­er, it is pos­si­ble that a social media plat­form oper­a­tor may con­nect to servers in third coun­tries (e.g. the USA) as part of its ser­vices and trans­fer per­son­al data about you to those coun­tries. You can find infor­ma­tion on this in the pri­va­cy pol­i­cy of the respec­tive social media provider.

4. Data pro­tec­tion

To pro­tect your per­son­al data from unau­tho­rised access and unau­tho­rised use, dis­clo­sure, alter­ation or destruc­tion, we use a vari­ety of tech­ni­cal and organ­i­sa­tion­al mea­sures that com­ply with the rel­e­vant data pro­tec­tion reg­u­la­tions.

This includes the use of tools to pro­tect against data loss in order to pro­tect ULL, our employ­ees, clients and exter­nal ser­vice providers from cyber threats and the loss of sen­si­tive data.

5. Rights of data sub­jects

You are enti­tled

• to with­draw your con­sent to us at any time in accor­dance with Art. 7 (3) GDPR. As a result, we will no longer be per­mit­ted to con­tin­ue pro­cess­ing the data based on this con­sent in the future
• pur­suant to Art. 15 GDPR, to request infor­ma­tion about your per­son­al data processed by us. In par­tic­u­lar, you may 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 by us, and the exis­tence of auto­mat­ed deci­sion-mak­ing, includ­ing pro­fil­ing and, where applic­a­ble, mean­ing­ful infor­ma­tion about its details
• pur­suant to Art. 16 GDPR, to request the imme­di­ate rec­ti­fi­ca­tion of inac­cu­rate per­son­al data or the com­ple­tion of your per­son­al data stored by us
• pur­suant to Art. 17 GDPR, to request the era­sure of your per­son­al data stored by us, unless pro­cess­ing is nec­es­sary for exer­cis­ing the right of free­dom of expres­sion and infor­ma­tion, for ful­fill­ing a legal oblig­a­tion, for rea­sons of pub­lic inter­est or for assert­ing, exer­cis­ing or defend­ing legal claims
• pur­suant to Art. 18 GDPR, to request the restric­tion of the pro­cess­ing of your per­son­al data if you dis­pute the accu­ra­cy of the data, if the pro­cess­ing is unlaw­ful but you oppose its era­sure and we no longer need the data, but you require it for the asser­tion, exer­cise or defence of legal claims, or if 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, com­mon­ly used and machine-read­able for­mat or to request its trans­fer to anoth­er con­troller
• pur­suant to Art. 77 GDPR, to lodge a com­plaint with a super­vi­so­ry author­i­ty. As a rule, you can con­tact the super­vi­so­ry author­i­ty of your usu­al place of res­i­dence or work­place or our law fir­m’s reg­is­tered office for this pur­pose

6. Right to object

If your per­son­al data is processed on the basis of legit­i­mate inter­ests pur­suant to Art. 6 para. 1 sen­tence 1 lit. f GDPR, you have the right to object to the pro­cess­ing of your per­son­al data pur­suant to Art. 21 GDPR, pro­vid­ed that there are rea­sons for this aris­ing from your par­tic­u­lar sit­u­a­tion.

If you wish to exer­cise your right to object, sim­ply send an email to contact@ubberlabourlaw.com.

Your objec­tion (or the with­draw­al of a pre­vi­ous­ly giv­en con­sent) may mean that we are unable to ful­fil the pur­pos­es stat­ed in this dec­la­ra­tion or that you can­not use the ser­vices and prod­ucts we offer. Please note that even if you with­draw your con­sent, we may still be enti­tled to con­tin­ue pro­cess­ing your per­son­al data to the extent required or per­mit­ted by law, in par­tic­u­lar in con­nec­tion with the asser­tion and defence of our legal rights or the ful­fil­ment of legal or reg­u­la­to­ry oblig­a­tions.