Terms of Use & Privacy Policy

Terms of Use and Disclaimer

1. Exclusion of an Attorney-Client Relationship and Duties to Warn

By using this website, the user expressly accepts the following terms of use, the disclaimer, and the privacy policy. The mere accessing, reading, or downloading of the free content provided on this website (articles, news, checklists, etc.) does not establish an attorney-client relationship (legal services contract).

By providing this purely promotional information, the operator does not assume any contractual obligations whatsoever toward the user. In particular, there is:

  • No advisory activity and no obligation regarding the up-to-dateness, completeness, or accuracy of the information provided free of charge. No legal advice is provided through the provision of this content. The user accepts that the content, particularly content generated by AI (Artificial Intelligence), may be erroneous and that any resulting conclusions must be evaluated with a lawyer.
  • No duty to monitor the user’s deadlines or dates.
  • No duty to warn of imminent loss of rights or statutes of limitations.
  • No duty to clarify unclear facts that the user may independently compare with the content.

An attorney-client relationship is established exclusively through an explicit written declaration of acceptance of an individual mandate request by the operator.

2. Disclaimer for Free Content

The use of the website and the legal articles is at the user’s own risk. The contents represent a non-binding promotional presentation and do not constitute legal advice.

As stated, the information provided consists of general and non-binding legal information that makes no claim to be current, complete, or correct. All non-binding information is provided exclusively as a public and free service and does not establish a client or advisory relationship. For further information or specific legal advice, please contact a lawyer directly.

The operator therefore assumes no liability for the up-to-dateness, completeness, or accuracy of the pages and content provided. Any liability claims relating to damage of an idealistic or material nature caused by the publication, use, or non-use of the information presented, or by the publication or use of incorrect or incomplete information, are generally excluded, provided there is no demonstrable intentional or grossly negligent behavior. Do not rely on this information for legal dispositions and consult your lawyer!

3. AI Notice (AI Act Compliance)

Parts of this information service are created or processed using Artificial Intelligence (AI). The operator expressly points out that AI systems may tend toward erroneous results (“hallucinations”). Despite human review by the law firm, the information is provided without any guarantee of accuracy.

4. Copyright and Prohibition of AI Training

All content is protected by copyright. Use is permitted for private purposes only. In particular, automated reading (scraping) and the use of the content for training AI models without written consent is prohibited.

5. Applicable Law

Substantive Austrian law applies, excluding conflict of law rules. The place of jurisdiction is the registered office of the operator, as far as permissible.

Privacy Policy

1. Data Controller

The controller within the meaning of the General Data Protection Regulation (GDPR) is:

Law Firm: Rechtsanwalt Dr. Hannes Wiesflecker

(Trade name/Brand: Law Experts Rechtsanwälte – Attorneys)

Burggraben 6, A-6020 Innsbruck, Austria

Phone: +43 512 586 586

Fax: +43 512 586 586-50

Email: office@law-firm-austria.at

2. What is this Privacy Policy about?

This privacy policy informs you about the nature, scope, and purposes of the processing of personal data (i) when using this website (information site) and (ii) when contacting us and—if applicable—within the framework of the initiation, establishment, and processing of attorney-client relationships.

3. Categories of Personal Data

Depending on the situation, we process the following categories of personal data:

  • Master data (e.g., name, address, company, function)
  • Contact data (e.g., email address, phone number, fax number)
  • Communication and content data (e.g., content of messages, inquiries, submitted documents)
  • Technical usage data/log data (e.g., IP address, date/time, pages accessed, referrer URL, browser/device information, operating system, language settings, provider, status codes)
  • Cookie and consent data (e.g., whether and for what consent was granted/revoked)
  • Mandate data (fact-related and case-specific information required for legal advice/representation)

In the context of legal activities—depending on the specific case—special categories of personal data (Art. 9 GDPR) or data about criminal convictions and offenses (Art. 10 GDPR) may also be affected, provided these are provided by you or are necessary for legal enforcement.

4. Purposes and Legal Bases for Processing

We process personal data only to the extent permitted. Depending on the case, we base the processing on:

  • Consent (Art. 6 para. 1 lit. a GDPR; for cookies/device access additionally § 165 para. 3 TKG 2021)
  • Performance of (pre-)contractual measures (Art. 6 para. 1 lit. b GDPR), especially for processing inquiries and initiating mandates.
  • Compliance with legal obligations (Art. 6 para. 1 lit. c GDPR), e.g., retention obligations under tax and corporate law and anti-money laundering prevention.
  • Legitimate interests (Art. 6 para. 1 lit. f GDPR), e.g., IT security, prevention of abuse/fraud, stability and optimization of the website, assertion/defense of legal claims.

If special categories of personal data are processed, this occurs in particular within the framework of legal enforcement/defense based on the legal grounds provided for in Art. 9 GDPR (e.g., for the assertion, exercise, or defense of legal claims).

5. Data Processing when Visiting the Website (Server Log Files, Hosting)

When you access this website, information is automatically processed in so-called server log files by the hosting provider or our IT infrastructure. This includes: IP address, date/time, page/file accessed, amount of data transferred, status codes, referrer URL, browser/device information, operating system, language setting, and provider.

  • Purposes: Ensuring technical operation, IT security and stability, error analysis, defense against attacks, and optimization of the website.
  • Legal Basis: Art. 6 para. 1 lit. f GDPR (legitimate interest in secure, stable, and legally compliant operation).
  • Storage Duration: Data is stored for a limited period (generally up to 30 days); beyond that, only as far as necessary to clarify security-relevant incidents or for the assertion/defense of legal claims.

6. SSL/TLS Encryption

For security reasons and to protect confidential content (e.g., inquiries), this website uses SSL/TLS encryption. Please note: Despite technical and organizational security measures, absolute security of data transmissions over the Internet cannot be guaranteed. If you wish to transmit particularly sensitive information, we recommend contacting us in advance to arrange a secure transmission path.

7. Cookies and Consent Management

Our website uses cookies and similar technologies (e.g., Local Storage) to provide basic functions, save settings, and—provided you consent—enable statistical evaluations and marketing measures.

Legal basis for storing/reading information on your device:

  • Strictly necessary technologies: § 165 para. 3 TKG 2021 (exemption from consent requirement); under data protection law based on Art. 6 para. 1 lit. f GDPR (legitimate interest in operation/security).
  • Optional technologies (e.g., statistics/marketing): Your consent according to § 165 para. 3 TKG 2021 in conjunction with Art. 6 para. 1 lit. a GDPR.

Optional cookies are deactivated by default and are only set after your active consent (Opt-In). You can revoke or change your consent at any time with effect for the future via the consent tool (cookie settings).

8. Web Analysis (Google Analytics)

If you have consented, we use Google Analytics to evaluate the use of the website and improve our offer. Online identifiers (e.g., cookie IDs), device/browser information, IP address (shortened/pseudonymized), and usage data may be processed.

  • Provider: Google Ireland Limited (Ireland) or Google LLC (USA).
  • Purpose: Reach measurement, statistical analysis of website usage.
  • Legal Basis: Consent (Art. 6 para. 1 lit. a GDPR in conjunction with § 165 para. 3 TKG 2021).
  • Third-country transfer (USA): Data transfer to the USA is based—where applicable—on the EU-US Data Privacy Framework (DPF). As long as the respective provider is certified under the DPF, an adequate level of data protection exists according to the adequacy decision of the EU Commission.
  • Revocation: You can deactivate tracking by Google Analytics at any time via the cookie settings or the browser add-on: https://tools.google.com/dlpage/gaoptout

9. Online Marketing (Google Ads, Remarketing)

If you have consented, we may use Google services to manage our advertising and measure the success of campaigns.

  • Legal Basis: Consent (Art. 6 para. 1 lit. a GDPR).
  • Third-country transfer: See point 8 (EU-US Data Privacy Framework).

10. Integration of Third-Party Content & Fonts

10.1 Google Fonts (Local Hosting)

We use fonts from Google (Google Fonts) that we have stored locally on our own server. When you access our site, no connection to Google’s servers is established, and therefore no IP address is passed to Google to display the fonts.

  • Legal Basis: Art. 6 para. 1 lit. f GDPR (Legitimate interest in a uniform and appealing presentation).

10.2 Google Maps and YouTube

Our website may integrate content from external providers (e.g., YouTube videos, Google Maps). This content is blocked by default (Click-to-Load). Only when you actively click on the content is a connection to the provider established and your IP address transmitted.

  • Legal Basis: Your consent by clicking on the content (Art. 6 para. 1 lit. a GDPR).

11. Use of Artificial Intelligence (Transparency Notice)

Insofar as we provide content (texts, images) on our website or blog that was generated with the help of Artificial Intelligence (AI), these are marked accordingly. If you interact with a chatbot on our website, you are communicating with an AI system.

  • Legal Basis: Art. 6 para. 1 lit. f GDPR as well as fulfillment of legal transparency obligations (AI Act).

12. Contacting Us (Email, Contact Form)

When you contact us (e.g., via email or form), we process your details to handle the inquiry.

  • Purposes: Processing inquiries, initiating mandates, communication.
  • Legal Bases: Art. 6 para. 1 lit. b GDPR (pre-contractual measures) and Art. 6 para. 1 lit. f GDPR (efficient communication).
  • Note: Mere contact does not establish an attorney-client relationship. Confidential information should preferably be transmitted via secure means (mail, encrypted email).

13. Mandate Initiation and Mandate Processing

If a mandate is established, we process your data for legal advice and representation.

  • Legal Bases: Art. 6 para. 1 lit. b GDPR (Contract), Art. 6 para. 1 lit. c GDPR (legal obligations), and Art. 9 para. 2 lit. f GDPR (assertion of legal claims).
  • Confidentiality: Third parties only receive data if necessary for the fulfillment of the mandate. The exception to the information obligation according to Art. 14 para. 5 lit. d GDPR applies as far as the data is subject to attorney-client privilege.

14. Recipients and Data Transfer

We only pass on data if this is legally permitted or required (e.g., to courts, authorities, opposing parties, substitutes). For the operation of our IT (hosting, maintenance), we use trustworthy service providers as processors who are contractually bound to comply with the GDPR.

15. Your Rights as a Data Subject

Under the requirements of the GDPR, you have the following rights:

  • Access (Art. 15 GDPR) – restricted by the duty of professional secrecy.
  • Rectification (Art. 16 GDPR)
  • Erasure (Art. 17 GDPR)
  • Restriction of processing (Art. 18 GDPR)
  • Data portability (Art. 20 GDPR)
  • Objection (Art. 21 GDPR)
  • Withdrawal of consent (Art. 7 GDPR) with effect for the future.

16. Right to Lodge a Complaint

Should you have reason to complain, you can contact the supervisory authority:

Austrian Data Protection Authority (Österreichische Datenschutzbehörde)

Barichgasse 40-42, 1030 Vienna

Email: dsb@dsb.gv.at

Web: https://dsb.gv.at

17. Changes to this Privacy Policy

We reserve the right to adapt this declaration in the event of legal or technical changes. The current version is always available on this website.

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