Data protection notice

Data protection is important to Buchalik Brömmekamp. To protect your personal data that may be collected or provided by you when you visit our websites, we will act in accordance with the applicable data protection regulations.

1. Responsible

Responsible is in the sense of the data protection law (DSGVO and other regulations with data protection character):

Mr. Robert Buchalik
For its part, represented by 
Dr. Utz Brömmekamp

Each with joint responsibility for the companies
Buchalik Brömmekamp Rechtsanwaltsgesellschaft mbH and 
Buchalik Brömmekamp Management Consulting GmbH

Contacts  in data protection matters, should be made via 

Buchalik Brömmekamp Unternehmensberatung GmbH

Prinzenallee 15
40549 Düsseldorf
Germany
Tel.: +49 (0)211 - 82 89 77-0
Fax: +49 (0)211 - 82 89 77-111
Email: anfrage-bbu@buchalik-broemmekamp.de

The data protection notice applies to the pages:
https://www.buchalik-broemmekamp.de
https://www.buchalik-broemmekamp.nl

and the Landingpages:

https://Avalmanagement-Buchalik.de
https://Bauinsolvenz-Buchalik.de
https://esug-schutzschirmverfahren-buchalik.de
https://glaeubigerausschuss-beratung.de
https://Insolvenzanfechtung-Buchalik.de
https://Insolvenzstrafrecht-Buchalik.de
https://Sanierungskonzept-Restrukturierungsgutachten.de
https://mm-plus.de
https://kapitalanlagen-krise.de

2. Data protection officer

If you have any questions or suggestions, please contact our data protection officer, who will be happy to assist you:

Frau Daniela Frank

Buchalik Brömmekamp Rechtsanwaltsgesellschaft mbH

Prinzenallee 15
40549 Düsseldorf
Germany
Fon: +49 211 - 82 89 77-200
Fax: +49 211 - 82 89 77-211
E-Mail: datenschutz@buchalik-broemmekamp.de

3. Collecting, processing and using personal data

Personal data consist of information that concerns you or can be traced back to you. This includes information such as your name, address, mailing address or phone number. It does not include information that cannot be associated with your identity.

Personal data are processed on our website only if you provide us with the data, for example, by filling out a registration form or by registering for personalised services. With regard to the specific purpose, the processing only takes place for the respective purpose for which the data are provided to us.

Furthermore, personal data are processed for technical purposes by using the http protocol or cookies.

By using the http protocol, the following data are collected by the server:

Date

Duration of storage

Browser type/-version

1 Week

Operating system used

1 Week

Referrer URL

1 Week

IP address

1 Week

Time of server request

1 Week

Your personal data that are processed will be used exclusively for the technical provision of this website and to provide individual services, such as the registration for interesting events.

Processing your data to track your visit on this website for advertising purposes or for processing individual requests will take place only with your prior consent.

Furthermore, your personal data, or at least categories thereof, will be processed with the following storage periods:

Date

Duration of storage
IP address (shortened/anonymised)

36 Month

IP address (complete)

7 Days

Events

Until the necessary conclusion of the event under tax law

Newsletter (Newsletter and "Informationsdienst Anfechtung"

Until the subscription is cancelled

Order e-books 6 Month

The personal data transferred from the input mask of the contact form and those sent by e-mail are deleted as soon as they are no longer required for the purpose of their collection and the fulfilment of contractual or legal obligations is ensured. This is the case when the respective conversation with the user of the website has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been conclusively clarified. The transmitted data will then be deleted immediately.

If we are bound to certain retention periods, we may only delete your data after these periods have expired. The storage periods relevant to us result primarily from professional, commercial and tax law regulations. In addition to the Federal Lawyers' Act, the Commercial Code and the Fiscal Code are examples of such regulations. The retention periods mentioned there can be up to ten years.

In addition, to secure evidence for legal disputes, we must also observe the statute of limitations regulations. These can be up to 30 years, whereby the regular limitation period is three years.

In the chapters "Cookies" and "Implemented Technologies" we explicitly explain which personal or related data is processed when cookies are used and how long the cookies used are stored.

Translated with www.DeepL.com/Translator (free version)

4. Legal basis

For the processing of personal data, the prohibition always applies subject to permission. This means that Buchalik Brömmekamp is only allowed to process personal data if this is explicitly permitted by law.

In the case of this website, Buchalik Brömmekamp is allowed to process personal data on the following legal basis:

Contract initiation and contract processing according to art. 6 para. 1 b) DSGVO

On our landing page https://www.kapitalanlagen-krise.de/aktuelle-verfahren PDF forms can be downloaded, printed out and sent to us in order to initiate or conduct business contacts mentioned there. As soon as we receive the data requested there, it will be used for the respective business purpose within the scope of the consultation. You will then receive more detailed information on data processing separately in the special business initiation.

Furthermore you can contact us on the landing page 
https://www.kapitalanlagen-krise.de and submit your data via an electronic form if you would like a free initial consultation within the framework of the investment law. As soon as we receive the data requested there, it will be used for the respective business purpose in the context of the consultation. You will then receive more detailed information on data processing separately during the special business initiation.

Furthermore, this legal basis is relevant if you book an event, which we publish on our homepage under
https://www.buchalik-broemmekamp.de/aktuelles/veranstaltungen/. Processing for business event booking is described in more detail below.

The provision of map material via Google Maps also takes place on this legal basis. Please compare our details below.

If you wish to use our contact form (see below) for contractual purposes, this legal basis is also applicable.

Contact management according to Art. 6 para. 1 a), b) DSGVO

The processing of your e-mail contacts or your use of our contact form for general enquiries or for an initial discussion is based on our "legitimate interest" in accordance with Art. 6 I f) DSGVO to answer your request as you wish. We would like to provide you with a convenient and at the same time secure way of sending us messages, which can be optimally guaranteed when using our form via -Verschlüsselung. E-mail enquiries also reach us directly, but are less secure in this respect. They could be intercepted.

External presentation, page analyses and advertising in accordance with Art. 6 Para. 1 a) and f) DSGVO

Insofar as we use cookies that require your consent, e.g. if the cookies are delivered by third parties for analysis purposes, we point this out to you via a "cookie banner" when you call up our site and ask for your consent in accordance with Art. 6 I a) DSGVO. You also give this consent if you use social media buttons to forward data to such networks (see below for details).

Insofar as we use analysis tools which directly anonymise your data and offer additional protective mechanisms such as special order processing contracts, this use is based on our legitimate interest in optimising our website in accordance with your interests (Art. 6 I f) DSGVO).

Processing operations using analysis tools are described in more detail below.

Also based on your consent (here in tracking-based processing) is your order of our newsletter on "Insolvency avoidance and GF liability" via Mailchimp, as described in more detail below. We can only deliver this newsletter by using the functionalities of Mailchimp for performance measurement ("tracking"). We also need your consent for our general newsletter, which you can order at "Events".

Dispatch of eBooks and updates thereto according to art. 6 para. 1 b) and f) DSGVO

You can also order eBooks on our landing page www.insolvenzanfechtung-buchalik.de using an electronic form. We use your data to send you an eBook and updates to these eBooks.

Ensuring the proper operation of a data processing system in accordance with Art. 6 para. 1 c) and f) DSGVO

We evaluate certain technical data, in particular the https:/ protocol, in order to avoid or clarify incidents caused by misuse of Internet connections. We are legally obliged to take such security measures (Art. 32 DSGVO).

Recruitment management in accordance with Art. 88 DSGVO and §28 BDSG

On our career pages you have the possibility to submit your application to us via our job offers and by direct contact. In our special applicant data protection declaration on these pages, we inform you in more.

5. Recipient of personal data

We may transfer your personal data to the following recipients:

  • Within our group of companies, data is shared between the parties named under "Controller" in order to ensure common and overriding purposes of corporate group management, efficient administration through shared services and technical platforms, and to create security standards for your data that each company could not provide separately in this quality. Above all, we pursue our core business in joint projects of both companies, which also contribute their interests equally distributed in information paths and events. In addition, our eponymous shareholders guarantee uniform standards and methods which also serve to protect your data. 
    Nevertheless, despite all the commonality, we process data strictly separated according to your purposes and as they fall within the particular competencies of the parties involved and as you wish. We have also concluded internal agreements to this effect, the expression of which is this data protection declaration.
    The legal basis for the internal exchange is Art. 26 DSGVO as jointly responsible parties and Art. 6 I f) DSGVO with the legitimate interests as described above.
    For your rights, you can contact each party separately and side by side.
  • To service providers: We also use service providers when providing services. In doing so, appropriate contracts for order processing or other necessary contracts are concluded. These are in particular: Printing houses, IT service providers, waste disposal companies, newsletter provider;
  • In the event of insolvency proceedings being conducted against a newly formed or acquiring company, if BBR should be involved in the merger or transfer of some or all of its business divisions;
  • Other recipients if BBR is legally obliged to do so, e.g. in the event of a court order or on the basis of applicable law;
  • to a recipient at your request and with your consent.

6. International data transfer

Buchalik Brömmekamp also uses service providers to provide services. To this end, appropriate contracts for commissioned data processing have been concluded where necessary. These service providers are granted access that is limited in time and scope to the extent necessary to provide the service.

Some service providers or their servers work outside the European Union. As a result of the transfer to a third country and a correspondingly lower level of data protection, the processing of the data cannot be guaranteed in accordance with national laws.

If personal data has to be transferred to third countries in order to provide services, this is done as far as possible on the basis of the EU Commission's adequacy decision on the EU-U.S. Privacy Shield in accordance with Art. 45 DSGVO or the EU Standard Treaty 2010 in accordance with Art. 46 Para. 2 lit. c DSGVO in conjunction with the EU Commission's decision of 05.02.2010 (2010/87/EU).

You can find out more about the recipients of the data in our individual presentations below and in our Applicant Data Protection Declaration.

7. Cookies

Cookies are used on our websites. A cookie is a small data record that can be stored on your hard disk. This data record is generated by the web server with which you have established a connection via your web browser (e.g. Internet Explorer, Google Chrome, Mozilla Firefox etc.) and then sent to you.

In the chapter "Implemented Technologies" you will find all relevant information (cookie name, function, storage duration and category) about the cookies we use. In this chapter you can configure the processing of data and information by cookies yourself.

Most browsers are currently set by default to accept cookies automatically. However, you have the option of setting your browser to refuse cookies or to display them previously. However, switching off cookies does not always allow you to access certain parts of the homepage without errors. Furthermore, you can also delete cookies manually at any time.

8. implemented technologies - collection, processing and use of personal data

 

Google Maps

To make it easier for you to find us, we have incorporated maps from Google Maps service from Google LLC into our website via an API to visually display geographic information. In order to be able to display the contents in your browser, Google must receive your IP address, otherwise Google could not provide you with these integrated contents.

Google LLC. is certified Privacy Shield. Our cooperation with Google LLC in terms of data protection law is based on a concluded agreement on joint responsibility according to Art. 26 DSGVO, available at https://privacy.google.com/intl/de/businesses/mapscontrollerterms/. By using Google Maps, you enter into a direct user relationship with Google. The legal basis for this data processing is Art. 6 para. 1 b) DSGVO, as the IP address is required to provide you with the content.

You can find further information on data processing by Google in the Google Privacy Policy at https://www.google.de/intl/de/policies/privacy/.

Google Ireland Limited Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

 

YouTube-Videos

Our website uses plugins from the YouTube platform. This is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA ("YouTube"). When you access a page that contains such a plugin, the information that you have accessed our website is transmitted to YouTube. If you are logged on to the YouTube platform with your corresponding member account, YouTube can also assign your visit to our website to your account.

You can prevent this by logging out of Youtube before accessing the corresponding pages.

For more information about YouTube privacy, please see the YouTube privacy policy at the URL: https://www.google.de/intl/de/policies/privacy

Google Ireland Limited Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

 

Contact forms

there is a contact form which can be used for electronic contact. The contact pages of the landing pages link to this contact form. If a user takes this opportunity, the data entered in the input mask will be transmitted to us and stored. These data are:

Salutation, first name, last name, company, street, postcode/city, phone, fax, e-mail, your inquiry.

Alternatively, it is possible to contact us via the provided e-mail address. In this case, the personal data of the user transmitted with the e-mail will be stored.

Weiterhein can be found on the landing pages
https://www.kapitalanlagen-krise.de
https://Insolvenzanfechtung-Buchalik.de
https://Insolvenzstrafrecht-Buchalik.de

an electronic contact form must be filled in if you wish to have an initial interview as part of the legal consultation. The requested data are:

Salutation, first name, last name, phone, e-mail.

In this context, the data will not be passed on to third parties unless you expressly request it in your request. Therefore, we would like to point out that all transmitted form data will first be received by Buchalik Brömmekamp Rechtsanwaltsgesellschaft mbH. Thus we ensure that in any case, also in case of special requests from or for a lawyer's mandate, your contacts are subject to the lawyer's professional secrecy. The further processing of your request will then depend on your concern, for example, if you wish to contact certain lawyers or tax advisors or if you wish to have your request processed by Buchalik Brömmekamp Unternehmensberatung GmbH.

In this context, the data will not be passed on to third parties unless you expressly request it in your request. Therefore, we would like to point out that all transmitted form data will first be received by Buchalik Brömmekamp Rechtsanwaltsgesellschaft mbH. Thus we ensure that in any case, also in case of special requests from or for a lawyer's mandate, your contacts are subject to the lawyer's professional secrecy. The further processing of your request will then depend on your concern, for example, if you wish to contact certain lawyers or tax advisors or if you wish to have your request processed by Buchalik Brömmekamp Unternehmensberatung GmbH.

The legal basis for the processing of the data is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest within the meaning of this provision is to answer your enquiries in accordance with your wishes and to give you the opportunity to contact us in an uncomplicated and secure manner using encryption.

The legal basis for the processing of data transmitted in the course of sending an e-mail is also Art. 6 para. 1 letter f) DSGVO.

If the e-mail contact or the transmission of a form aims at the conclusion of a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b) DSGVO.

The processing of the personal data from the input mask serves us only to process the contact.

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified. The transmitted data will then be deleted immediately.

Any additional personal data collected during the sending process, such as the time of sending, will be deleted after a period of seven days at the latest.

The user has the possibility to object to the processing of personal data at any time. In such a case, the conversation cannot be continued.

You can express a contradiction by sending us a new message in the same way in which this is expressed. We will then also delete this message data immediately with the previous conversation. Or you can contact one of the contact details of the person responsible or the data protection officer stated in this declaration.

 

Event booking

On our website https://www.buchalik-broemmekamp.de you have the possibility to book the events listed there for your visit by "registering". We will then reserve a place for you if there are still places available. Based on the booking we are then able to schedule the time of our speakers and plan the locations. We therefore ask for a binding booking.

For a part of the data collected in the booking mask, in addition to the possibility for you to receive first-hand special information and for us to get to know you, the further processing purpose is to fulfil our tax retention obligations of contract documents. This concerns the details of your postal address, which are therefore shown as mandatory fields.

We collect the following data via the form:

Salutation, title, first and last name, company, address, postcode, city, telephone, e-mail address.
Telephone, company and title are voluntary information.

The legal basis for our data processing during the booking is Art. 6 I b) DSGVO, the initiation and implementation of contractual relationships.

You can cancel a booking by sending us a message via the contact person specified for the respective event.

We will then delete your data, as far as we do not have to keep them for tax reasons for our bookkeeping.

 

Newsletter

You have the possibility to subscribe to our general newsletter with information on events, current and future fields of law and consulting services as well as legal decisions. You will be asked for your express consent in accordance with Art. 6 I a) DSGVO. The newsletter will be sent to your specified e-mail address. No service provider with tracking functions is used for this newsletter. We will also use your name and the desired form of address to address you personally in the cover letter.

We only store your data for as long as you maintain your subscription. You can revoke your consent to receive the newsletter at any time by clicking on the corresponding link in each dispatch message or seminar@bb-seminare.de. We will delete your data for the newsletter dispatch immediately.

To ensure that you have personally (not a third party abusive) your e-mail address, we use the so-called "double opt-in" procedure. You will receive a separate e-mail in which you must confirm your order before any further messages are delivered.

 

Social networks

Use of plug-ins of social networks

On our websites and in our blog, we use plug-ins and buttons from the Internet offerings Facebook, Twitter, Google+, Xing and LinkedIn (hereinafter "social networks" or "providers").

The purpose of this is to give you the opportunity to tell others in these networks whether you like our sites, share our sites and comment on them. With it we pursue own advertising purposes.

The plug-in of the social network Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA, can be recognized by the Facebook logo and the writing "Recommend". Details of the Facebook plug-in can be found here: https://developers.facebook.com/docs/plugins/

The plug-in of the microblogging service Twitter, both offered and operated by Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA, can be recognized by the white bird on a blue background.

The Google+ plug-in of the social network Google+, which is offered and operated by Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, can be recognized by the white letter "g" with a plus sign on a red background.

You can recognize the XING Share button of the social career network XING, which is offered and operated by XING AG, Gänsemarkt 43, 20354 Hamburg, Germany, by the lettering "XING" followed by a stylized "X".

The plug-in of the social professional network LinkedIn, both offered and operated by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA, can be recognized by the lettering "inShare".

Facebook, Google, Twitter and LinkedIn have submitted to the EU-US privacy shield, https://www.privacyshield.gov/EU-US-Framework.

When visiting our blog, the embedded plug-ins are deactivated by default (so-called "2-click solution"). The plug-ins are regularly located at the end of an article and are highlighted in grey. Only when you click on one of the plug-ins there, it will establish a direct connection between your browser and the respective server of the desired social network. The provider of the social network receives the information that you have visited our site with your IP address. If you are logged into your personal account of the selected social network at the same time, the provider of the social network can assign your visit to our blog to your user account with the help of the plug-in. If you are logged in to your account and click the plug-in a second time actively, an entry will be made on your personal pinboard or similar in your account that you like contents of our blog.

If you do not want the respective provider to be able to assign your visit to our blog to your corresponding user account, please log out of this account first.

We would like to point out that we, as the provider of these pages, have no knowledge of the content of the transmitted data or its use by the social networks. You can find further information on this in the Xing privacy policy at
https://privacy.xing.com/de/datenschutzerklaerung
the privacy policy of LinkedIn under
https://www.linkedin.com/legal/privacy-policy?trk=uno-reg-guest-home-privacy-policy.
You can find the facebook privacy policy under
https://de-de.facebook.com/about/privacy/
the privacy policy of Google under
https://policies.google.com/privacy?hl=de&gl=ZZ,
You can find the twitter privacy policy under
https://twitter.com/de/privacy.

The legal basis for this processing of your data by transmitting your IP address to the network is Art. 6 para. 1 lit. a DSGVO. With the button activation you give us your consent.

 

9. Correctness of your data

We take reasonable steps to ensure that your personal information is accurate, complete and up to date. Please note that you have a shared responsibility for the accuracy of your personal information. Please inform us if there are any changes to your or your employees' or other parties' personal data involved in the process/procedure.

10. Your rights as a data subject

If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights against us as the person responsible.

If you have a concern regarding the use of your data in the application procedure and your data protection rights, you can contact both our name-giving shareholders directly and the company to which you would like to apply or have applied in accordance with the advertised position. Since the central personnel management for the group is jointly handled by plenovia GmbH (vormals Buchalik Brömmekamp Unternehmensberatung GmbH), this company is also your fastest way to receive answers via your contact person martina.schmitt@buchalik-broemmekamp.de.

Information and correction

You can request information on the personal data we process about you. You are also entitled to request the correction of incomplete, incorrect or outdated personal data. 

Objection

You have the right to object to the processing of personal data concerning you at any time, for reasons arising from your particular situation. You only have the right to object if the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us. The BBR will then no longer process the personal data unless we can prove compelling reasons for processing worthy of protection that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend our legal claims. You can also revoke the consent you have given for the processing of your personal data at any time.

Deletion

You have the right to have your personal data deleted,

  • if your personal data are no longer necessary for the purposes for which they were collected or otherwise processed,
  • if you revoke your consent and there is no other legal basis,
  • if you have lodged an objection to the processing and there are no overriding legitimate reasons for the processing, and
  • if we have processed your personal data unlawfully.
  • Under certain circumstances, it may be necessary for us to retain your personal data in accordance with our legal obligations or to assert or defend legal claims.

Restriction

You have the right to demand that we restrict processing if one of the following conditions is met:

  • You dispute the accuracy of your personal data and we have had sufficient time to verify the accuracy of your personal data.
  • If the processing is not lawful, you may also request the restriction instead of the deletion.
  • We no longer need your personal data for the purposes of the processing, but you need this data for the assertion, exercise or defence of legal claims.
  • If you have lodged an objection to the processing, you may request the restriction as long as it is not yet clear whether our legitimate reasons outweigh your interests.

Transferability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to request that we transfer your personal data to another person in charge without hindrance.

11. Up-Dates

Due to legal changes, additional website functions or use of services, this privacy policy will be updated. If in such a case Buchalik Brömmekamp should be subject to a restriction or obligation which limits your rights, we will point this out separately in this chapter.