Data protection
I. Data protection information for users of our website
Notare am Gänsemarkt takes the protection of your personal data seriously. In this data protection declaration, we would like to inform you in detail about which data of the users of our website we collect, process and use for which purposes.
This site does not use cookies or other technologies that are used to track the access behaviour of users.
1. Responsible persons
The notaries at Gänsemarkt are responsible for the lawful collection, processing and use of your data:
Notary Dr Andre Vollbrecht
Notary Dr Michael Commichau
Notary Dr Martin Mulert
Notary Dr Wolfram Radke
Notary Dr Markus Perz
Notary Dr Gerrit Bulgrin
Adress
Valentinskamp 88
20355 Hamburg
Telephone: +49 (0)40 - 35 55 3-0
Fax: +49 (0)40 – 35 55 3-300
E-Mail: mail@gaensemarkt.com
2. Data collection and purposes
a) Usage data
In principle, you can visit our website without telling us who you are. When you visit our website, our servers automatically save
- Date and time of the request,
- Name of the requested file,
- Access status (file transferred, file not found, etc.),
- Complete IP address of the requesting computer and browser,
- URL of the call,
- Referrer URL from which the access is made and the browser used,
- amount of transferred data.
We use this usage data to make our website accessible to you, to recognise and rectify any technical problems that may occur and to prevent and, if necessary, prosecute any misuse of our services. We also use usage data in anonymised form, i.e. without the possibility of identifying you as a user, for statistical purposes and to improve our website.
We will only use your usage data in a personalised manner and, if necessary, merge it with other information about you if you have given us your express prior consent to do so.
The legal basis for the processing of usage data is Art. 6 para. 1 sentence 1 lit. f) of the General Data Protection Regulation ("GDPR").
b) Data that you transmit to us
On our website, you have the opportunity to contact us and, for example, ask questions about our services or send contract data. We use the personal data you send to us in this context exclusively to process your enquiry.
If you write an e-mail or send a fax to us, the following personal data will be processed by you:
- Master data (including title, first name and surname(s))
- Contact details (e-mail address/fax number, address/telephone number if applicable)
- Your text message
The legal basis for the processing of the data described in this section is Art. 6 para. 1 lit. b or f GDPR.
c) Online forms
Our website is linked to a button for online data collection, which you can use to send us data via an online form. If you use this online service from NotarNow (LegalNow GmbH, Lena-Christ-Straße 2, 82031 Grünwald, https://notarnow.de/datenschutz/ ) your details, including the contact details you provide there, will be automatically stored on the NotarNow servers for a short time for the purpose of processing the enquiry and in the event of follow-up questions forwarded to us. Data transmission is encrypted using transport encryption via Secure Socket Layer (SSL/TLS).
The data is stored solely for the purpose of processing or contacting the person concerned. The data will not be passed on to other third parties. The legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR, provided that your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR), if this has been requested.
We will retain the data you provide on the online form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions - in particular retention periods - remain unaffected.
When using the "cache" function, your online form entries are encrypted and stored anonymously for 30 days. If the online form is not sent to us within of these 30 days, the form entries will be deleted automatically. A request for deletion on your part is not necessary in this case.
3. Data transmission
We will only pass on your data to third parties without your express consent if we are obliged to do so by law or an official or court order.
4. Storage location
Your personal data is processed exclusively in data centres in Germany.
5. Duration of storage of your data
Personal data will be deleted when it is no longer required for the purposes described in this statement, unless statutory provisions require longer storage. In case of complete IP addresses in log files, your data will be deleted no later than seven days after collection; in case of processing beyond this, the IP addresses will be anonymised or pseudonymised in the last two bytes (e.g. 192.168.xxx.xxx).
II. Additional data protection information for our notarial activities
The following statements supplement the information provided above in event of becoming our client. A document with data protection information for our clients can be downloaded here.
1. Processed data
We process personal data we receive from you or from third parties commissioned by you (e.g. lawyer, tax consultant, estate agent, credit institution), e.g:
- Personal data, e.g. first name(s) and surname(s), date and place of birth, nationality, marital status; in individual cases your birth register number;
- Contact data, such as postal address, telephone and fax numbers, e-mail address;
- your tax identification number for property contracts;
- in certain cases, e.g. marriage contracts, wills, inheritance contracts or adoptions, also data on your family situation and your assets and, if applicable, information on your health or other sensitive data, e.g. because this serves to document your legal capacity;
- in certain cases, also data from your legal relationships with third parties, such as file numbers or loan or account numbers at credit institutions.
We also process data from public registers, e.g. land registers, commercial registers and registers of associations.
2. Legal basis and purposes of processing
Your personal data will first be processed if you have given your consent to data processing (Art. 6 para. 1 lit. a GDPR). As notaries, we are holders of a public office. Our official activities are carried out in performance of a task in public interest in the orderly and preventive administration of justice and in the exercise of official authority (Art. 6 para. 1 lit. e GDPR). Your data will be processed exclusively in order to carry out the notarial activity requested by you and any other persons involved in a transaction in accordance with our official duties, i.e. for the preparation of draft deeds, for the notarisation and execution of deed transactions or for the provision of advice. Personal data is therefore only ever processed on the basis of the professional and procedural provisions applicable to us, which are essentially derived from the Federal Notarial Code and the Notarisation Act.
These provisions also result in a legal obligation for us to process the required data (Art. 6 para. 1 lit. c GDPR).
3. Disclosure of your data to third parties
As notaries, we are subject to a statutory duty of confidentiality. This duty of confidentiality also applies to all our employees and other persons authorised by us. We may therefore only pass on your data if and insofar as we are obliged to do so in individual cases, e.g. due to statutory notification obligations to the tax authorities or to public registers such as the land registry, commercial or association registers, the central register of wills, the register of precautionary measures, courts such as probate, care or family courts or authorities. In the context of professional and official supervision, we may also be obliged to provide information to the Chamber of Notaries or our supervisory authority, which in turn are subject to an official duty of confidentiality. As processors, possible data recipients are our external IT system administrator, notary software provider, web host and NotarNet GmbH, who have also undertaken to maintain confidentiality.
Otherwise, your data will only be passed on if we are obliged to do so on the basis of declarations made by you or if you have requested the transfer.
4. Communication by e-mail
Communication by e-mail (e.g. answering enquiries, sending drafts) is possible. Outgoing emails are sent using transport encryption ("Start-TLS"), which protects the content of the email from unauthorised access by third parties during the transmission process from our mail server to the mail server of your email provider. Please note that transport encryption can only be used if the server used by your email provider supports it.
Transport encryption only affects the transmission process and does not protect the content of the email from access to the mail servers. This means that unauthorised access by the email provider or a third party who has gained access to the mail servers is possible. End-to-end encryption to prevent this is not offered. Furthermore, it cannot be ruled out that the transport encryption may be decrypted and may gain access to the content of the email during the transmission process. You therefore have the option of objecting to e-mail communication. In this case, communication will take place in writing by post.
5. Data transfer to third countries
Your personal data will only be transferred to third countries at your special request or if and insofar as a party to the deed is domiciled in a third country.
6. Duration of storage of your data
The following retention periods apply to the retention of notarial documents in accordance with Section 50 (1) of the Ordinance on the Maintenance of Notarial Files and Directories (NotAktVV):
- Index of deeds, electronic collection of deeds, collection of inheritance contracts and special collection: 100 years,
- Paper-bound collection of documents, custody register and general files: 30 years,
- Collective file for bill of exchange and cheque protests and ancillary files: 7 years; the notary may specify a longer retention period in writing, e.g. for dispositions mortis causa or in the event of a risk of recourse, at the latest when the content of the ancillary file is last processed; the provision may also be made in general for individual types of legal transactions, e.g. for dispositions mortis causa.
After expiry of the storage periods, your data will be deleted or the paper documents destroyed (Section 35 (6) sentence 2 BNotO), unless we are obliged to store them for a longer period of time in accordance with Article 6 (1) sentence 1 lit. c GDPR due to tax and commercial law storage and documentation obligations (from the German Commercial Code, Criminal Code, Money Laundering Act or the Tax Code) as well as professional regulations for the purpose of conflict of laws checks.
III. Data protection for applications and in the application process
If you have applied for a job with us, we will store your personal data for as long as this is necessary for the decision on your application. If an employment relationship is not established between you and us, we may also continue to store your personal data if this is necessary for the defence against possible legal claims. In principle, the application documents will be deleted six months after notification of the rejection decision, unless longer storage is required (e.g. because an employment relationship has been established or in the event of legal disputes).
IV. Data subject rights (of website users, clients and applicants)
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights in particular. You can:
- to request information about your personal data processed by us, Art. 15 GDPR. In particular, you can request information about the purposes of processing, 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 to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making, including profiling
- to immediately request the correction of incorrect or incomplete personal data stored by us, Art. 16 GDPR;
- to demand the deletion of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims, Art. 17 GDPR
- to demand the restriction of the processing of your personal data (Art. 18 GDPR) if the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to delete it and we no longer need the data, but you need it for the assertion, exercise or defence of legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR;
- to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format and to request the transmission to another controller, Art. 20 GDPR;
- to revoke your consent once given to us at any time, Art. 7 para. 3 GDPR. As a result, we may no longer continue the data processing based on this consent in the future; the lawfulness of the processing carried out on basis of consent until the revocation is not affected by the revocation;
- in case of an automated decision (profiling), the right to express their own point of view and to challenge the decision, Art. 22 para. 3 GDPR;
- to lodge a complaint with a supervisory authority, Art. 77 GDPR. To do so, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters. The Hamburg Commissioner for Data Protection and Freedom of Information is generally responsible for us.
Right to object (Art. 21 GDPR)
You can lodge an objection at any time if the data processing
- is based on Art. 6 para. 1 lit. f GDPR or
- serves direct advertising purposes or
- for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR.
The same applies to corresponding profiling. The objection must be justified. It is sufficient if you state as a reason that you no longer wish the data to be processed. After the objection, the data will no longer be processed.
The controller may continue to process the data despite your objection if:
- there are compelling legitimate grounds for the processing which override your interests, rights and freedoms, or
- the processing serves to assert, exercise or defend legal claims or
- in case of processing pursuant to Art. 89 para. 1 GDPR: processing is necessary for the performance of a task carried out in the public interest.
In connection with the use of information society services, you can also exercise your objection by means of automated procedures that use technical specifications.
If you wish to exercise your right to object, simply send an e-mail to datenschutz@gaensemarkt.com.
You and other data subjects can contact our data protection officer to exercise the rights mentioned in these sections and if you have any questions or complaints regarding the use of your personal data:
Notaries at Gänsemarkt
Tobias Feuerle
Valentinskamp 88
20355 Hamburg
Phone: +49 40 - 35 55 3-0
Telefax: +49 30 - 35 55 3-300
e-mail: datenschutz@gaensemarkt.com
We will publicise any changes in the person of the data protection officer on our website.
You and other data subjects can also contact the competent supervisory authority with complaints about our use of data:
The competent supervisory authority for data protection is the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI), currently Mr Thomas Fuchs.
Ludwig-Erhard-Straße 22, 7th floor
20459 Hamburg
Telefon: 040/428 54-40 40
You can find more information at: www.datenschutz-hamburg.de