CONTACT

Privacy policy

We, NOMOS Rechtsanwälte GmbH ("NOMOS"), process your personal data in accordance with the applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG) and the Telecommunications Act. This privacy policy informs you about how, for what purposes and to what extent we process your personal data 

• when you visit our website;

• when you contact us as a person interested in our services;

• if you have a client relationship with us;

• if you are our supplier or other business partner;

• when you apply to us;

• if you are important as a third party in connection with the legal advice and representation of our clients.

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1. name and contact of the person responsible for data protection

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NOMOS Rechtsanwälte GmbH
Contact person: MMag. Alexander
Ledererhof 2
1010 Vienna
T: + 43 1 533 75 00
E: office@nomos.legal

2. how we process your personal data

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2.1 Data processing when visiting our website

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Processed data, processing purposes and legal bases

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When you visit our website, the IP address of the end device from which the website is accessed, the operating system installed on the end device, the web browser you use, the time and duration of access, the pages visited (including entry and exit pages) and the "referrer pages" (i.e. the websites from which you access our website) are collected and stored

This data is processed in order to recognise and rectify errors in the operation of our website and to ensure the secure operation of the website. The data collected is not used to identify individual visitors to our website. The legal basis for this data processing is our legitimate interest in ensuring that the website operates as smoothly and securely as possible (Article 6(1)(f) GDPR).

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Receiver

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The personal data that we process when you visit our website is transmitted or disclosed to the following third parties, which we use as processors in connection with the operation of our website:

• Wix.com Ltd, Nemal St. 40, 6350671 Tel Aviv, Israel (web host, on the occasion and in the course of the provision of the service). The transfer of personal data to Wix.com Ltd. based in Israel is lawful on the basis of European Commission Decision 2011/61/EU of 31 January 2011 on the adequacy of the level of data protection in the State of Israel with regard to the automated processing of personal data.

• fonira Telekom GmbH, Prager Straße 6, 1210 Vienna (Internet access provider, on the occasion of and in the course of providing the service)

• External web designers who are commissioned by us on a case-by-case basis to maintain or further develop our website.

Storage duration

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The storage period for the data collected when you visit our website is one year.

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2.2 Data processing when making contact and interest in our services

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Processed data, processing purposes and legal bases

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We process the personal data that you provide to us when you contact us by email, telephone or via the contact form on the website www.nomos.legal (in particular contact details and communication content) so that we can respond to you accordingly or, if necessary, ask follow-up questions. The legal basis for this is generally our legitimate interest in processing correspondence addressed to us accordingly (Art. 6 (1) (f) GDPR). If the purpose of the contact is to initiate a client relationship, the data processing is also justified due to its necessity for the implementation of pre-contractual measures (Art. 6 para. 1 lit. b GDPR).

We store and process personal data that you provide to us in the context of personal contact, e.g. at events, conferences, seminars, networking events, for example by handing out business cards, with a view to possible future business relationships or other professional exchanges. The legal basis for this is our legitimate interest in the expansion and maintenance of business contacts and our business field development (Art 6 para 1 lit f GDPR).

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Receiver

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The data that we process when you contact us may be transmitted or disclosed to the following recipients, insofar as this is necessary in the context of processing:

• co-operation partners, e.g. lawyers, patent attorneys, tax consultants, auditors, management consultants), insofar as this is necessary for the processing of enquiries

• Processors that we use in connection with the operation of our law firm infrastructure:

  • XPERT Business Solutions GmbH, Technologiestraße 8, Europlaza D, 3rd floor, A-1120 Vienna (provider of our legal software and our electronic file management system - as part of support and maintenance work).

  • CSIT Computersupport und Informationstechnik GmbH, Seligmanngasse 25-35/33/01, 1230 Vienna (our IT support and maintenance service provider - as part of support and maintenance activities)

  • T-Mobile Austria GmbH, Rennweg 97-99, 1030 Vienna (web hosting provider, on the occasion of and in the course of providing the service)

  • fonira Telekom GmbH, Prager Straße 6, 1210 Vienna (Internet access provider, on the occasion of and in the course of providing the service)

  • Microsoft Ireland Operations Ltd, One Microsoft Place, South County Business Park Leopardstown Dublin 18, D18 P521 Ireland (mail server and cloud services operator, on the occasion of and in the course of providing the services)

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Storage duration

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The storage period for the data that we collect and process as a result of your contact is one year.

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2.3 Data processing in the case of an existing client relationship

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If you have commissioned us to provide you with legal advice or representation, we will process the personal data that you provide to us with regard to the provision of the legal services commissioned by you as part of the resulting client relationship. In addition, we regularly collect and process further data relating to you from third-party sources, in particular from court files or other authorities, or from public registers such as the commercial register, the land register, the central register of associations, the trade register or from patent registers or trade mark registers, if and to the extent that this is necessary for the purposes of the services to be provided to you.

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The legal admissibility of this data processing results from its necessity for the purpose of fulfilling the mandate agreement concluded with you (Art 6 para 1 lit b GDPR - "Admissibility of data processing for contractual purposes"). Insofar as the data processing carried out by us within the scope of the client relationship relates to personal data on criminal offences and criminal convictions, this is carried out in accordance with Art 10 GDPR under the supervision of the Vienna Bar Association and the Austrian Bar Association as the competent supervisory authorities.

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If and to the extent that it is necessary for us to collect and process special categories of personal data concerning you ("sensitive data", e.g. health data, information on trade union membership or ideological beliefs) in order to enforce, exercise or defend legal claims to which you are entitled, the permissibility of data processing is based on its necessity for this purpose (Art 9 para 2 lit f GDPR). If the processing of sensitive data should otherwise be necessary in the context of the client relationship (e.g. in the context of pure legal advice), this will be done exclusively on the basis of your express consent (Art. 9 para. 2 lit. a GDPR), which we will obtain separately from you in each case. 

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In addition to the data processing necessary for the performance of the legal mandate you have given us, we also use your personal data to fulfil the legal and professional obligations to which we are subject (in particular reporting and information obligations under tax and duty law, measures to prevent money laundering). The legal basis for this is Article 6(1)(c) GDPR ("lawfulness of processing for compliance with a legal obligation") or - with regard to sensitive data - Article 9(2)(g) GDPR ("lawfulness of processing for reasons of substantial public interest").

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Finally, we also use your data to inform you occasionally about our own services or events, but also about legal developments that may be relevant to you. This processing is permitted on the basis of our legitimate interest in keeping you informed about our range of services and in view of your own interest in obtaining information about legal developments that may be relevant to you or your company (Art 6 para 1 lit f GDPR - "Permissibility of data processing on the basis of legitimate interest").

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The data that we process in the context of a client relationship is transmitted or disclosed to the following recipients:

• Courts and authorities (if and to the extent necessary or expedient in the context of the client relationship; if a transfer to courts or authorities in third countries or institutions of international organisations, such as WIPO, European Patent Office, is carried out, this is done on the basis of Art 49 para 1 lit b, c and e GDPR)

• other parties to the proceedings, e.g. intervening parties, opponents, experts (if and to the extent necessary or expedient in the context of the client relationship; if a transfer is made to courts or authorities in third countries or institutions of international organisations, such as WIPO, European Patent Office, this is done on the basis of Art 49 para 1 lit b, c and e GDPR)

• Cooperation partners, e.g. lawyers, patent attorneys, tax consultants, auditors, management consultants (if and to the extent necessary or expedient in the context of the client relationship; if a transfer to courts or authorities in third countries or institutions of international organisations, such as WIPO, European Patent Office, is carried out, this is done on the basis of Art 49 para 1 lit b, c and e GDPR)

• Vienna Bar Association (to fulfil our legal and professional obligations, e.g. in the case of fiduciary mandates)

• Processors that we use in connection with the operation of our law firm infrastructure:

  • XPERT Business Solutions GmbH, Technologiestraße 8, Europlaza D, 3rd floor, A-1120 Vienna (provider of our legal software and our electronic file management system - in the context of support and maintenance work).

  • CSIT Computersupport und Informationstechnik GmbH, Seligmanngasse 25-35/33/01, 1230 Vienna (our IT support and maintenance service provider - as part of support and maintenance activities)

  • T-Mobile Austria GmbH, Rennweg 97-99, 1030 Vienna (web hosting provider, on the occasion of and in the course of providing the service)

  • fonira Telekom GmbH, Prager Straße 6, 1210 Vienna (Internet access provider, on the occasion of and in the course of providing the service)

  • Microsoft Ireland Operations Ltd, One Microsoft Place, South County Business Park Leopardstown Dublin 18, D18 P521 Ireland (mail server and cloud services operator, on the occasion of and in the course of providing the services)

  • External accounting

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Storage duration

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For tax law reasons and as a result of our legal obligation to retain files from mandates and documentation in connection with our duty to check for the prevention of money laundering and terrorist financing, we generally store personal data from the client relationship for 10 years after its termination.

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2.4 Processing of personal data of suppliers or other business partners

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If we purchase goods or other services from you or your company, we process the data that you provide to us in the course of initiating the business relationship or in the course of the business relationship in order to carry out any necessary pre-contractual measures (e.g. requesting offers, checking offers, negotiating conditions, etc.) or to fulfil our contractual obligations. The legal basis for this processing is Article 6(1)(b) GDPR ("Admissibility of data processing for contractual purposes").

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• XPERT Business Solutions GmbH, Technologiestraße 8, Europlaza D, 3rd floor, A-1120 Vienna (provider of our legal software and our electronic file management system - as part of support and maintenance work).

• CSIT Computersupport und Informationstechnik GmbH, Seligmanngasse 25-35/33/01, 1230 Vienna (our IT support and maintenance service provider - as part of support and maintenance activities)

• Microsoft Ireland Operations Ltd, One Microsoft Place, South County Business Park Leopardstown Dublin 18, D18 P521 Ireland (mail server and cloud services operator, on the occasion of and in the course of providing the services)

• fonira Telekom GmbH, Prager Straße 6, 1210 Vienna (Internet access provider, telephone/VoIP provider)

• External accounting

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Storage duration

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For tax law reasons, we generally store personal data from business relationships with suppliers or other business partners for 10 years.

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2.5 Processing of personal data of applicants

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If you apply to us for an advertised position or send us an unsolicited application, we process the data that you send us with your application documents in order to check whether you are professionally and personally suitable for a position in our law firm and to provide you with feedback on your application. The legal basis for this is Art. 6 para. 1 lit. b GDPR, according to which data processing is permitted for the implementation of measures that are necessary as a result of your enquiry aimed at concluding a service contract (initiation of a contractual relationship).

In the event of a (provisional) rejection of your application, we will keep your data on file so that we can contact you if necessary when a (further) vacancy arises. The legal basis for this retention of your applicant data is our legitimate interest within the meaning of Art. 6 (1) (f) GDPR in being able to draw on potentially suitable candidates who have already shown an interest in working for us when filling future vacancies.

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Storage duration

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We generally store your applicant data for two years.

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2.6 Processing of personal data of third parties in connection with the legal advice and representation of our 

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Group of affected third parties:

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a. (Potential) opponents in court or official proceedings, contractual counterparties, witnesses, persons providing information, other persons of importance in connection with the enforcement or defence of rights

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If you are an opponent or potential opponent in a legal matter in which we advise or represent our clients, or if your person is otherwise of importance in such a legal matter (e.g. as a witness, person providing information, potential recourse claimant, etc.), we also process personal data relating to you. We receive the relevant data from our clients or we collect it from third-party sources, in particular from court files or other authorities, or from public registers such as the commercial register, the land register, the central register of associations, the trade register or from patent registers or trade mark registers, as well as from the Internet (e.g. websites, social networks, etc.)

The legal basis for the processing of such personal data is the legitimate interest of our clients in protecting their rights, pursuing and enforcing existing legal claims or defending against unjustified claims (Art 6 para 1 lit f GDPR). Insofar as special categories of personal data concerning you ("sensitive data", e.g. health data, information on trade union membership or ideological beliefs) are affected, the permissibility of the processing described follows from Art 9 para 2 lit f GDPR ("Permissibility of data processing for the pursuit, enforcement and defence of legal claims and positions"). Insofar as the data processing relates to personal data concerning criminal offences and criminal convictions, this is carried out in accordance with Art 10 GDPR under the supervision of the Vienna Bar Association and the Austrian Bar Association as the competent supervisory authorities.

There is no obligation to provide separate information to persons affected by the data processing described under this point in accordance with Art 14 (1) to (3) GDPR, as we are exempt from the relevant information obligation in accordance with Art 14 (5) (b) and (d) GDPR.

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b. Representatives, employees or relatives of our clients and third parties otherwise associated with or attributable to our clients

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We process your personal data that our clients disclose to us because you are their representative, employee or relative, or are otherwise associated or attributable to them, and are intended to serve us as a contact person or contact in the course of the client relationship. In particular, this regularly involves your name, your (business) contact details and information about your function and position in our clients' companies or other personal or business relationships with them.

This processing is permissible due to the legitimate interest of our clients that we can contact an authorised and informed person directly with regard to the services to be provided within the scope of the client relationship and thus avoid information or legal losses (Art 6 para 1 lit f GDPR - "Permissibility of data processing due to legitimate interest").

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Receiver

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Data of the aforementioned third parties, which we process in connection with the legal advice and representation of our clients, are transmitted or disclosed to the following recipients:

• Courts and authorities (if and to the extent necessary or appropriate in the context of the client relationship; if a transfer to courts or authorities in third countries or institutions of international organisations, such as WIPO, European Patent Office, is carried out, this is done on the basis of Art 49 para 1 lit b, c and e GDPR)

• other parties to the proceedings, e.g. intervening parties, opponents, experts (if and to the extent necessary or expedient in the context of the client relationship; if a transfer is made to courts or authorities in third countries or institutions of international organisations, such as WIPO, European Patent Office, this is done on the basis of Art 49 para 1 lit b, c and e GDPR)

• Cooperation partners, e.g. lawyers, patent attorneys, tax consultants, auditors, management consultants (if and to the extent necessary or expedient in the context of the client relationship; if a transfer to courts or authorities in third countries or institutions of international organisations, such as WIPO, European Patent Office, is carried out, this is done on the basis of Art 49 para 1 lit b, c and e GDPR)

• Vienna Bar Association (to fulfil our legal and professional obligations, e.g. in the case of fiduciary mandates)

• Processors that we use in connection with the operation of our law firm infrastructure:

  • XPERT Business Solutions GmbH, Technologiestraße 8, Europlaza D, 3rd floor, A-1120 Vienna (provider of our legal software and our electronic file management system - as part of support and maintenance work).

  • CSIT Computersupport und Informationstechnik GmbH, Seligmanngasse 25-35/33/01, 1230 Vienna (our IT support and maintenance service provider - as part of support and maintenance activities)

  • T-Mobile Austria GmbH, Rennweg 97-99, 1030 Vienna (web hosting provider, on the occasion of and in the course of providing the service)

  • fonira Telekom GmbH, Prager Straße 6, 1210 Vienna (Internet access provider, on the occasion of and in the course of providing the service)

  • Microsoft Ireland Operations Ltd, One Microsoft Place, South County Business Park Leopardstown Dublin 18, D18 P521 Ireland (mail server and cloud services operator, on the occasion of and in the course of providing the services)

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Storage duration

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For tax law reasons and as a result of our legal obligation to retain files from mandates and documentation in connection with our duty to check for the prevention of money laundering and terrorist financing, we generally store personal data of third parties in connection with the legal advice and representation of our clients for 10 years.

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3. rights of data subjects

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You have the right to information from NOMOS about the processing of personal data in accordance with Art 15 GDPR and the right to rectification in accordance with Art 16 GDPR. In addition, you may request the erasure of your data if there is a reason for erasure as specified in Art 17 (1) (a) to (f) GDPR and there is no justification pursuant to Art 17 (3) GDPR for refusing to erase the data. You also have the right to request the restriction of data processing in accordance with Art 18 GDPR or, if the relevant requirements are met, to object to data processing in accordance with Art 21 GDPR. In addition, in accordance with Art. 20 GDPR, you have the right to request that NOMOS provide you with the data that you have provided yourself and that is processed automatically by NOMOS on a data carrier in a common file format or that it be transmitted to a third party named by you (right to data portability)

If you are of the opinion that the processing of your personal data by NOMOS violates the applicable data protection law, you are free to lodge a complaint with the data protection authority.

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