Privacy Policy

Dr. Arlette Zakarian LL.M. (Boston), DEA (Paris), EMINP (Geneva)

Avocat au barreau de Strasbourg
Established European Lawyer (ÖRAK) & Mediator

Museumstrasse 5/19
AT–1070 Vienna

+43 (1 )403 66 05
+43 (0)664 43 44 717

arlette@zakarian.law
zakarian.law

If you send us an inquiry, the data you provide (first name, last name, address, postal code, city, telephone, e-mail, further information) will be processed by us for the purpose of answering this inquiry. This data will not be passed on to third parties.

We process our clients’ data to fulfill the contract based on Art. 6 para. 1 lit. b GDPR or Art. 9 para. 2 lit. f GDPR for the defense or enforcement of your rights. These data will be stored after the end of the mandate in any case for the tax-law retention obligation of 7 years and then deleted.

We have order processing agreements with our processors within the meaning of Art. 28 ff GDPR, and with those outside the EEA, precautions have been taken in accordance with Art. 44 ff GDPR, which are continuously monitored and reviewed. Our partners are obliged to delete the data after successful dispatch to fulfill the purpose, unless a legal retention obligation prevents this.

The following processors regularly process data for us. Further processors will be indicated, if necessary, for the respective purposes:

• Tax advisor / accountant
• Lawyers (substitutes)
• IT service providers / IT providers and telecommunications providers
• Printing and delivery services

When you use our website, so-called “cookies” are stored on your device. These are small text files that store certain settings and data for exchange with our system via your browser. A cookie contains the name of the domain from which the cookie data was sent, as well as information about the age of the cookie and an alphanumeric identifier (“cookie ID”). Cookies help us to improve our website and to offer you optimized services.

In the “session cookies” used by us, only the above-explained data about your use of the website are temporarily stored. These store a so-called “session ID”, with which different requests of your browser can be assigned to a common session. This allows your computer to be recognized when you return to our website. Session cookies are deleted when you close the browser. In addition, so-called “persistent cookies” are used, which are automatically deleted after a specified period. These not only enable the recognition of your device with which you have already visited our website, but also the non-personal analysis of the behavior on our website.

If you do not wish the use of browser cookies, you can set your browser so that the storage of cookies is not accepted. If you prevent the storage of cookies, we point out that you may not be able to use our website to its full extent.

Specifically, these are the following cookies:

You have the fundamental rights to information, correction, deletion, restriction, data portability, revocation and objection regarding your data stored by us.

You may request confirmation from the controller as to whether personal data relating to you is processed by us.

If such processing has taken place, you may request the following information from the controller:

1. the purposes for which the personal data are processed;
2. the categories of personal data that are processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
4. the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration;
5. the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. all available information on the origin of the data if the personal data are not collected from the data subject;
8. the existence of automated decision-making, including profiling, pursuant to Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved, as well as the scope and intended effects of such processing for the data subject.
9. You have the right to request information as to whether personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are incorrect or incomplete. The controller shall carry out the rectification without delay.

In the case of data processing for scientific, historical or statistical research purposes:

Your right to rectification may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the limitation is necessary for the fulfillment of the research or statistical purposes.

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

1. if you dispute the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
2. the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of their use;
3. the controller no longer needs the personal data for the purposes of the processing, but you need them for the establishment, exercise or defense of legal claims, or
4. if you have objected to processing pursuant to Art. 21 para. 1 GDPR pending verification whether the legitimate grounds of the controller override your grounds.

Where processing of personal data concerning you has been restricted, such data may, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense 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 the restriction of processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.

In the case of data processing for scientific, historical or statistical research purposes:

Your right to restriction of processing may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the limitation is necessary for the fulfillment of the research or statistical purposes.

• Obligation to Erase

You may request from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase such data without undue delay where one of the following grounds applies:

1. The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
2. You withdraw your consent on which the processing is based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
3. You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
4. The personal data concerning you have been unlawfully processed.
5. The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
6. The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.

Where the controller has made the personal data public and is obliged pursuant to Art. 17 para. 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure does not exist insofar as the processing is necessary

1. for exercising the right of freedom of expression and information;
2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest in the area of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
5. for the establishment, exercise or defense of legal claims.

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.

You have the right to be informed about these recipients by the controller.

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

1. the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
2. the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected thereby. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

You have the right to be informed about these recipients by the controller.

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

In the case of data processing for scientific, historical or statistical research purposes:

You also have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you for scientific or historical research purposes or statistical purposes pursuant to Art. 89 para. 1 GDPR.

Your right to object may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the limitation is necessary for the fulfillment of the research or statistical purposes.

You have the right to be informed about these recipients by the controller.

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision

1. is necessary for entering into, or performance of, a contract between you and the controller,
2. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests or
3. is based on your explicit consent.

However, these decisions may not be based on special categories of personal data referred to in Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint was lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

Austrian Data Protection Authority

Barichgasse 40-42
1030 Vienna

Telephone: +43 1 52 152-0
E-mail: dsb@dsb.gv.at

The personal data transmitted to us will only be stored for as long as is necessary to fulfill the stated purposes or, in the case of consent, until you revoke it.

Irrespective of this, the personal data transmitted to us will be stored by us for as long as we are obliged to do so by legal provisions and retention periods (e.g. retention obligations under company and tax law).

We take every measure to protect your data. This includes measures to prevent manipulation, loss, destruction or access by unauthorized persons. For this purpose, we use both technical framework conditions: access controls, locked storage, password guidelines, etc., as well as organizational framework conditions: training and usage guidelines. In addition, corresponding legal framework conditions such as confidentiality agreements, data protection agreements, order data processing agreements, etc. are concluded, which protect us and your data with third parties. All data is stored on our servers or on the servers of our service providers with whom contracts for order data processing have been concluded. All our systems and data processing are recorded in a processing directory and described in detail.