Hereafter you will find

I. Information on data processing regarding the use of the „Rechtsanwälte & Notare“ website

II. Information on data processing as part of the execution of a mandate by our lawyers;

III. Information on data processing as part of the execution of a mandate by our notaries;

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I. Information on data processing regarding the use of the „Rechtsanwälte & Notare“ website
1. NAME AND CONTACT DETAILS OF THE PERSON RESPONSIBLE FOR PROCESSING AND THE OPERATIONAL DATA PROTECTION OFFICER
This data privacy statement applies to data processing by

1. the „RechtsAnwälte&Notare“ Berghäuser, Albach, Landzettel, Wieland, Berg, Schiweck PartG mbB
2. Notary Dr. Klaus Berghäuser,
3. Notary Dr. Wulf Albach,
4. Notary Dr. Stefan Landzettel,
5. Notary Patric Schiweck,
6. Notary Dr. Rainer Wieland,

(hereinafter referred to as “RechtsAnwälte&Notare”).

Contact details of the persons responsible as per article 1 to 5:

Friedensplatz 6, D-64283 Darmstadt, Germany;
Email: info@anwaelte-da.de
Phone: +49 (0)6151 – 99440 / Fax: +49 (0)6151 – 294283

Contact details of the person responsible as per article 6:

Reuterallee 25, D-64297 Darmstadt-Eberstadt, Germany;
Email: info@anwaelte-da.de
Phone: +49 (0)6151 – 78 08 0-38 / Fax: (0)6151 – 78 08 0-39

The company data protection officer of PartG mbB and all notaries is Dr. Gregor Albach, who is available at Friedensplatz 6, 64283 Darmstadt or at gregor.albach@anwaelte-da.de.

2. COLLECTION AND STORAGE OF PERSONAL DATA AND THE NATURE AND PURPOSE OF ITS USE
When you visit our website www.anwaelte-da.de, the browser used on your terminal device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected without your assistance and stored until it is automatically deleted:

  • IP address of the requesting computer,
  • Date and time of access,
  • Name and URL of the retrieved file,
  • Website from which access is made (referrer URL),
  • the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The data mentioned will be processed by us for the following purposes:

  • Ensuring a smooth connection of the website,
  • Ensuring the comfortable use of our website,
  • Evaluation of system security and stability and
  • for other administrative purposes.
  • The legal basis for data processing is Art. 6 Para. 1 S. 1 subpar. f GDPR. Our legitimate interest results from the purposes listed above for data collection. Under no circumstances do we use the collected data for the purpose of drawing conclusions about your person.

When you visit our website, we additionally use cookies. You will find more detailed information on this under section 4 of this data privacy statement.

3. DATA TRANSFER


Your personal data will not be transferred to third parties for purposes other than those listed below.
We will only pass on your personal data to third parties if:

  • you have given your express consent to this in accordance with Art. 6 para. 1 sentence 1 subpar. a GDPR
  • the disclosure pursuant to Art. 6 para. 1 sentence 1 subpar. f DSGVO is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
  • in the event that there is a legal obligation to pass on data pursuant to Art. 6 para. 1 sentence 1 subpar. c GDPR, and

it is legally permissible and required for the execution of contractual relationships with you pursuant to Art. 6 para. 1 sentence 1 subpar. b.

4. COOKIES
We use cookies on our website. These are small files that are automatically created by your browser and stored on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not cause any damage to your terminal device and do not contain viruses, trojans or other malware.
The cookie is used to store information that arises in connection with the specific device used. However, this does not mean that we will obtain immediate knowledge of your identity.
For one thing, cookies serve to make the use of our website a more pleasant experience. For example, we use so-called session cookies to determine that you have already visited individual pages on our website. These are automatically deleted after leaving our site.
In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your terminal device for a specified period of time. If you visit our site again in order to use our services, it is automatically recognized that you have already used our services and which entries and settings you have made so you do not have to enter them again.
On the other hand, we use cookies to record and evaluate the use of our website statistically and for the purpose of optimising our offer (see subpar. 5). These cookies enable us to automatically recognize that you have already visited our site whenever you use it again. These cookies are automatically deleted after a defined period of time.
The data processed by cookies are necessary for the purposes mentioned to safeguard our legitimate interests and those of third parties pursuant to Art. 6 Para. 1 S. 1 subpar. f GDPR.
Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or a message appears before a new cookie is created. However, the complete deactivation of cookies may result in restricted function of our website.

5. ANALYSIS TOOLS
Currently there are no activated analysis tools on our website.

6. DATA SUBJECT RIGHTS

You have the right:

  • to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you may request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right of rectification, deletion, restriction of processing or objection, the existence of a right of complaint, the origin of your data, insofar as it has not been collected by us, as well as the existence of automated decision-making procedures including profiling and, if applicable, meaningful information on corresponding details;
  • to immediately demand the correction of incorrect or incomplete personal data stored by us in accordance with Art. 16 GDPR;
  • to demand the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR if the accuracy of the data is disputed by you, the processing is unlawful but you refuse its deletion and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
  • to receive your personal data, which you have provided to us, in a structured, common and machine-readable format or to request the transfer to another person responsible, in accordance with Art. 20 GDPR
  • to revoke your consent once given to us at any time in accordance with Art. 7 para. 3 GDPR. As a result, we will no longer be allowed to continue data processing based on this consent in the future, and

to complain to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence/work or of our law firm.

7. RIGHT OF OBJECTION

If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 subpar. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR if there are reasons for doing so which arise from your particular situation or if the objection concerns direct advertising. In the latter case, you have a general right of objection, which is implemented by us without specifying a particular situation.If you would like to make use of your right of revocation or objection, simply send an e-mail to gregor.albach@anwaelte-da.de.

8. DATA SECURITY

As part of the website visit, we use the most common SSL (secure socket layer) method in connection with the highest level of encryption supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can easily tell whether an individual page of our website is transmitted in encrypted form by the closed key or lock symbol in the lower status bar of your browser.We also use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

9. VALIDITY AND MODIFICATION OF THIS DATA PRIVACY STATEMENT

This privacy policy is currently valid as of May 2018.

Due to the further development of our website and related offers or due to changed legal or official requirements, it may be necessary to modify this data privacy statement. The current data protection declaration can be viewed and printed out at any time at http://www.anwaelte-da.de/datenschutz.II. Information on data processing as part of the execution of a mandate by our lawyers

1. Name and contact details of the person responsible for processing and the operational data protection officer

This privacy policy applies to data processing by:

Party responsible:

RechtsAnwälte&Notare Berghäuser, Albach, Landzettel, Wieland, Berg, Schiweck PartG mbB (hereinafter referred to as “RechtsAnwälte&Notare”),

Friedensplatz 6, D-64283 Darmstadt, Germany;

Email: info@anwaelte-da.de

Phone: +49 (0)6151 – 99440 /Fax: +49 (0)6151 – 294283The operational data protection officer of RechtsAnwälte&Notare is Dr. Gregor Albach, available at the above address or at gregor.albach@anwaelte-da.de.

2. Collection and storage of personal data and the nature and purpose of its use

If you authorize us, we will collect the following information:

  • Title, first name, surname,
  • Valid e-mail address,
  • Address,
  • Telephone number (landline and/or mobile)
  • Information necessary for the assertion and defence of your rights according to the mandate
  • Your bank details if applicable

These data are collected,

  • to identify you as our client;
  • in order to be able to advise and represent you appropriately;
  • to correspond with you;
  • for invoicing;
  • to settle any liability claims that may exist and to assert any claims against you;

According to the stated purposes, the data processing is carried out at your request and is required according to Art. 6 para. 1 sentence 1 subpar. b GDPR for the appropriate execution of the mandate and for the mutual compliance of obligations arising from the mandate agreement.

The personal data collected by us as part of the execution of the mandate will be stored until the end of the statutory retention period for lawyers (6 years after the end of the calendar year in which the mandate was terminated) and deleted thereafter, unless we are obliged to a longer storage in accordance with Article 6 (1) sentence 1 subpar. 1 c GDPR due to storage and documentation obligations relating to tax and commercial law (German Commercial Code (HGB), German Criminal Code (StGB) or German Tax Code (Abgabenordnung), or there are legitimate interests on our part pursuant to Art. 6 para. 1 sentence 1 subpar. f for further storage, or you have consented to further storage pursuant to Art. 6 para. 1 sentence 1 subpar. a GDPR.

3. Data transfer to third parties

Your personal data will not be transferred to third parties for purposes other than those listed below.

Insofar as this is necessary in accordance with Art. 6 Para. 1 S. 1 subpar. b GDPR for the processing of client relationships, your personal data will be passed on to third parties. This includes in particular the disclosure to opponents of proceedings and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of correspondence and for asserting and defending your rights. The data passed on may only be used by third parties for the stated purposes.The attorney-client privilege remains unaffected. Insofar as the data concerned is subject to the attorney-client privilege, it will only be passed on to third parties in consultation with you.

4. Data subject rights

You have the right:

  • to revoke your consent once given to us at any time in accordance with Art. 7 para. 3 GDPR. As a result, we will no longer be allowed to continue data processing based on this consent in the future;
  • to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you may request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right of rectification, deletion, restriction of processing or objection, the existence of a right of complaint, the origin of your data, insofar as it has not been collected by us, as well as the existence of automated decision making procedures including profiling and, if applicable, meaningful information on corresponding details;
  • to immediately demand the correction of incorrect or incomplete personal data stored by us in accordance with Art. 16 GDPR;
  • to demand the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR if the accuracy of the data is disputed by you, the processing is unlawful but you refuse its deletion and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
  • to receive your personal data, which you have provided to us, in accordance with Art. 20 GDPR in a structured, common and machine-readable format or to request the transfer to another person responsible, and
  • to complain to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence/work or of our law firm. The supervisory authority responsible for our law firm is:

The Hessian data protection officer, Gustav-Stresemann-Ring 1, 65189 Wiesbaden, Germany

5. Right of objection

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 subpar. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR if there are reasons to do so which result from your particular situation.If you wish to exercise your right of objection, simply send an e-mail to gregor.albach@anwaelte-da.de.

III. Information on data processing as part of the execution of a mandate by our notaries

1. Name and contact details of the person responsible for processing and the operational data protection officer

This privacy policy applies to data processing by:

Notary Dr. Klaus Berghäuser,

Notary Dr. Wulf Albach,

Notary Dr. Stefan Landzettel,

Notary Patric Schiweck,

Notary Dr. Rainer Wieland,

(hereinafter referred to as “our notaries”).

Contact data of the persons responsible as per article 1 to 4:

Friedensplatz 6, D-64283 Darmstadt, Germany;
Email: info@anwaelte-da.de
Phone: +49 (0)6151 – 99440 / Fax: +49 (0)6151 – 294283

Contact data of the person responsible as per article 5:

Reuterallee 25, D-64297 Darmstadt-Eberstadt, Germany;
Email: info@anwaelte-da.de
Phone: +49 (0)6151 – 78 08 0-38 / Fax: (0)6151 – 78 08 0-39The operational data protection officer for all notaries is Dr. Gregor Albach, who is available at the above address or at gregor.albach@anwaelte-da.de.

2. Collection and storage of personal data and the nature and purpose of its use

If you authorize us, we will collect the following information:

  • Title, first name, surname,
  • Valid e-mail address,
  • Address,
  • Telephone number (landline and/or mobile)
  • Your tax identification number for real estate contracts
  • in certain cases, e.g. marriage contracts, wills, inheritance contracts or adoptions, also data on your family situation and assets as well as information on your health or other sensitive data, e.g. because these serve to document your legal capacity
  • Your bank details if applicable

Our notaries are holders of a public office. The official activities of our notaries are carried out in the exercise of a task which is in the general interest of an orderly and precautionary administration of justice and thus in the public interest, and in the exercise of public authority (Art. 6 Para. 1 S. 1 subpar. c) of the General Data Protection Regulation (GDPR).

The collection and processing of your data is carried out exclusively in order to perform the notarial work requested by you and, if applicable, other persons involved in a transaction in accordance with the official duties of our notaries, i.e. for the issue of draft documents, for certification and the execution of documentary transactions or for the provision of advice.

Personal data is therefore only processed in accordance with the professional and procedural provisions applicable to our notaries, which are essentially derived from the Federal Notary Code and the Authentication Act. These provisions also result in a legal obligation for our notaries to process the necessary data (Art. 6 Para. 1 S. 1 subpar. c GDPR). Failure to provide the data requested by our notaries would therefore mean that the respective notary would have to refuse the (further) execution of his official duties.

The personal data collected by our notaries for the purpose of conducting the mandate will be stored until the expiry of the statutory retention period and deleted thereafter, unless our notaries are obliged to longer storage pursuant to Article 6 Paragraph 1 Sentence 1 subpar. 1 c GDPR due to tax and commercial law storage and documentation obligations (German Commercial Code (HGB), German Criminal Code (StGB) or German Tax Code (Abgabenordnung) as well as professional regulations for the purpose of conflict checks, or other legitimate interests of our notaries for further storage exist, in accordance with Art. 6 Para. 1 S. 1 subpar. f. or you have consented to further storage pursuant to Art. 6 Para. 1 S. 1 subpar. a GDPR.

According to Section 5 Paragraph 4 of the official regulations for notaries (DONot), the following storage periods apply to the storage of notarial documents:

  • List of deeds, list of inheritance contracts, list of names for the list of deeds and collection of deeds including separately kept inheritance contracts (Sect. 18 Paragraph 4 DONot): 100 years
  • Safekeeping book, records of client accounts, list of names for the records of client accounts, list of trust accounts, general files: 30 years
  • Secondary files: 7 years; the notary may specify a longer retention period in writing at the latest during the last processing of the content, e.g. in the case of dispositions by will or in the case of a risk of recourse; the provision can also be made generally for individual types of legal transactions, e.g. for dispositions by will.

3. Data transfer to third parties

Our notaries are subject to a legal obligation of secrecy. This obligation also applies to all employees and other persons appointed by our notaries. Our notaries may therefore only pass on your data if and to the extent that they are obliged to do so in individual cases, e.g. as a result of notification obligations to tax authorities, or to public registers such as land registries, commercial registers or registers of associations, central register of wills, precautionary registers, courts of law such as probate courts, mental health or family courts as well as authorities. Within the framework of professional and administrative  supervision, our notaries may also be obliged to provide information to the Chamber of Notaries or its service supervisory authority, which in turn are subject to an official duty of confidentiality.Otherwise, your data will only be passed on if our notaries are obliged to do so on the basis of declarations made by you or if you have applied for the data to be passed on.

4. Data subject rights

You have the right:

  • to revoke your consent once given to us at any time in accordance with Art. 7 para. 3 GDPR. As a result, we will no longer be allowed to continue data processing based on this consent in the future;
  • to request information about your personal data processed by the respective notary pursuant to Art. 15 GDPR. In particular, you may request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned duration of storage, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, insofar as it has not been collected by us, as well as the existence of automated decision-making procedures including profiling and, if applicable, meaningful information on its details;
  • to immediately demand the correction of incorrect or incomplete personal data stored by us in accordance with Art. 16 GDPR;
  • to demand the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR if the accuracy of the data is disputed by you, the processing is unlawful but you refuse its deletion and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
  • to receive your personal data, which you have provided to us, in a structured, common and machine-readable format or to request the transfer to another person responsible in accordance with Art. 20 GDPR; and
  • to complain to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence/work or of our law firm.The supervisory authority responsible for our law firm is:

The Hessian data protection officer, Gustav-Stresemann-Ring 1, 65189 Wiesbaden, Germany

5. Right of objection
If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 subpar. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR if there are reasons for doing so which arise from your particular situation. If you wish to exercise your right of objection, simply send an e-mail to gregor.albach@anwaelte-da.de.