Privacy Statement and Information

Your privacy is essential to us. Throughout this statement - when we write "Burgstaller & Partner", "controller, "we" or "us" we are referring to Burgstaller & Partner Rechtsanwälte GesbR, Linz, including our subsidiaries. As lawyers, we comply with GDPR, DSG (Austrian Data Protection Act), TKG 2003 (Austrian Telecommunications Act) and all Austrian laws, mainly but not limited to Rechtsanwaltsordnung (RAO-Austrian Lawyers Regulation).

This privacy statement provides all information about how and why we collect, use, share, store and delete your data. Furthermore, it informs you about your rights and possibilities.

I. Controller of personal information

The controller in compliance with the General Data Protection Regulation is:

Burgstaller & Partner Rechtsanwälte GesbR
Landstraße 12 / Linzerie
A - 4020 Linz
+43 732 776477

II. Categories of data, purpose and lawfulness of data processing

  1. We may collect and process the following personal data while we operate our business, advise or advocate your interests:
  • data files about you and your opponent;
  • applicant and employee data;
  • ELC - execution requests (electronic legal communication);
  • ELC - lawsuits and communication (electronic legal communication);
  • ELC- written pleadings within civil proceedings (electronic legal communication);
  • calculating taxes for real estate transfer tax, gift tax and other transfer taxes;
  • service and performance recording;
  • foreign money accounting;
  • handling of insolvency and bankruptcy proceedings;
  • law firm management;
  • marketing.

We handle your data concerning confidentiality, integrity, availability, resilience. We consider the state-of-the-art infrastructure as well as the data category.

2. We use your data to provide legal services to you. Our focus is on representing you, which includes all judicial or extrajudicial matters. We may also provide services in private matters (§ 8 RAO - Austrian Lawyers Regulation). When we provide services related to financial and real estate transactions, we have to verify your data and your family's data. Due to legal obligations, we process your date to prevent money laundering (§ 165 StGB - Austrian Criminal Law) or terrorist funding (§ 278d StGB - Austrian Criminal Law). Especially for financial and real estate-related transactions, we will ask you if you are related or close to a "politically exposed person" (PEP) (§ 8f Abs. 2 RAO - Austrian Lawyers Regulation).

3. We are marketing our services to and former, current and possible future clients. We collect the personal data from publicly available sources or use the data you provide us with. The data is used with your consent or for the performance of a contract. Your consent is revocable at any time.

4. We process a lot of personal data related to third parties (e.g., opponents, defendants, interested parties, debtors). This kind of data is used solely for legal defense or enforcement of claims. We process this data lawful based on Article 6 (1) e, f GDPR or Article 9 (2) f GDPR as well as Article 10 GDPR and § 4 (3) DSG (Austrian Data Protection Act).

5. We will use and retain our employees' personal data to enable us to run our law firm and manage our relationship with you effectively, lawfully and appropriately, while you are working for us. We will use your data to comply with any legal obligation required by labor law, social security law and social protection. Our employees are informed additionally in compliance with Article 13 GDPR with their service note or employment contract.

6. When you apply for an advertised position, we use your data for this opening only. We delete data from unsuccessful applicants after we appointed our new team member and the claim period (GlBHG - Equal Treatment Act) has ended. If you send us a spontaneous application, we will store your data until your withdrawal.

7. We use your data for contractual purposes managing and operating our business, including but not limited to billing and the execution of trusteeships (fiduciary agreements).

8. Your browser transmits personal data, such as IP address, date and time of the request, GMT time zone difference, request content (concrete page), access status / HTTP status code, amount of data transferred, the requesting website, browser, operating system and interface, language and version the browser software, during your visit on our website. This procedure is technically unavoidable to display our website on your computer. We process this data lawful based on Article 6 (1) f GDPR and Article 96 (3) TKG (Austrian Telecommunications Act) 2003.

9. On our website, we provide a contact form. You voluntarily disclose information when you use the contact form. We will store and process this data to fulfill your request. We process this data to perform a contract or to implement pre-contractual measures (Article 6 (1) b GDPR), to safeguard a legitimate interest (Article 6 (1) f GDPR), and in compliance with § 96 Abs 3 TKG (Austrian Telecommunications Act) 2003.

10. We do not use cookies on this website, like analysis or tracking cookies, that would require your consent.

III. Duty of confidentiality

A lawyer has the legal obligation to maintain matters entrusted to him by his client confidential. This obligation also applies to facts the lawyer gets to know in any other way (§ 9 RAO - Austrian Lawyers Regulation).

Please be informed that the rights established in Articles 12 to 22 and Article 34 GDPR are not applicable if the information is required to ensure our client's protection and the enforcement of claims for our client.

Our employees have the legal obligation to maintain professional secrecy in compliance with § 6 DSG (Austrian Data Protection Act).

IV. Recipients and categories of recipients of transmitted data

We will transmit your data to public authorities, courts, opposing legal representatives, our IT services providers and our administrative software. We will also transmit your data to any third party necessary to represent you properly. We may need assistance from notaries, external experts, or associated lawyers all over the world.

We ensure that we comply with Article 24 and 25 GDPR and that our processors comply with, especially but not limited to, Article 28 and 29 GDPR.

V. Data transmission to non-EU countries / automated individual decision-making

You are not subject to automated individual decision-making, including profiling. We neither transfer your data to non-EU countries nor international organizations unless required by our representation.

VI. Retention period

We store your data for five years after our representation has ended in compliance with § 12 RAO (Austrian Lawyers Regulation). We have to keep records related to special transactions for ten years (§ 8a RAO - Austrian Lawyers Regulation). If required by law, we have to keep your records longer. For instance, financial records have to be kept for seven years (§ 132 BAO - Austrian Tax Code). Personal Data on wills are kept until further notice. Our IT-system will store data obtained during your visit to our website for seven days at most.

If you provide us with your data by using our contact form, we will store your data until we have answered your request.

If you provide us with your data by using our contact form, we will store your data until we have answered your request. Any data to defend against possible claims for damages are stored as necessary to safeguard your interests. The same applies to data for the enforcement of claims.

VII. Your rights

You have the following rights related to your data against us:

Right of Access (Article 15 GDPR): You have the right to obtain information whether or not your data is processed, and, where that is the case, access to the personal data and information in compliance with Article 15 GDPR.

Right to rectification (Article 16 GDPR): You have the right to obtain from us the rectification of your inaccurate data without undue delay.

Right to erasure ("right to be forgotten", Article 17 GDPR): You have the right to obtain the erasure of your data from us without undue delay if one of the reasons listed in Article 17 GDPR applies. (e.g., the processing of your data is no longer necessary)

Right to restriction of processing (Article 18 GDPR): You have the right to obtain the restriction of processing from us. Article 18 GDPR provides you with a catalog of reasons. (e.g., during the time we decide if your legitimate reasons to object processing surpass our legitimate reasons to process)

Right to data portability (Article 20 GDPR): You have the right to receive your data, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a different controller without hindrance from us. The prerequisite is, that we process your data either based on consent (Article 6 (1) (a) or Article 9 (2) (a) GDPR) or based on a contract (Article 6 (1) (b) GDPR) and the processing is carried out by automated means.

Right to object

You have the right to object, on reasons relating to your particular situation, at any time to processing of your data which is based on subsection (f) of Article 6(1), including profiling based on those provisions.

Please tell us your reasons why we should stop processing your data. We will review the merits of the case and either stop or adjust the data processing or show you our compelling reasons. We will also continue data processing if it serves the assertion, exercise or defense of legal claims.

We will no longer process your data for direct marketing purposes when you object to processing.

Right to withdraw your declaration of consent

You have the right to withdraw your consent at any time. Your withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal and is valid for future processing only.

How you can assert your rights

You can assert your rights personally, by phone or in written form as follows:

Burgstaller & Partner Rechtsanwälte GesbR
Landstraße 12 / Linzerie
A - 4020 Linz
+43 732 776477

Please be informed that we will only provide you with information if you identify yourself.

Right of complaint

Suppose you believe that processing your data violates data protection laws. In that case, you have the right to file a complaint with a supervisory authority. Without prejudice to any other administrative or judicial remedy, you have the right to complain in the Member State of your habitual residence, place of work, or place of the alleged infringement.

If you would like to register your complaint with the Austrian supervisory authority, please send your claim to:

Österreichische Datenschutzbehörde
Barichgasse 40 - 42
A - 1030 Wien
+43 1 52 152-0