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Privacy

Information regarding Data Protection – General

 

I. Identity and contact details of the data controller

The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) of the European Union and other data protection regulations is:

YPOG Partnerschaft von Rechtsanwälten und Steuerberatern mbB Schnittker + Partner
Hardenbergstraße 27
10623 Berlin
Deutschland
+49 30 76759750
datenschutz@ypog.law
ypog.law

 

II. Contact details of the data protection officer

The designated data protection officer is:

DataCo GmbH
Dachauer Str. 65
80335 Munich
Germany
+49 89 7400 45840
dataguard.de

 

III. General information on data processing

1. Scope of processing personal data

In general, we only process the personal data of our users to the extent necessary to provide a functioning website with our content and services. The regular processing of personal data only takes place with the consent of the user. Exceptions include cases where prior consent cannot be technically obtained and where the processing of the data is permitted by law.

2. Legal basis for data processing

Where consent is appropriate for processing personal data, Art. 6 (1) (1) (a) GDPR serves as the legal basis to obtain the consent of the data subject for the processing of their data.

As for the processing of personal data required for the performance of a contract of which the data subject is party, Art. 6 (1) (1) (b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual activities.
When it is necessary to process personal data in order to fulfil a legal obligation to which our company is subject, Art. 6 (1) (1) (c) GDPR serves as the legal basis.
If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (1) (d) GDPR serves as the legal basis.
If the processing of data is necessary to safeguard the legitimate interests of our company or that of a third party, and the fundamental rights and freedoms of the data subject do not outweigh the interest of the former, Art. 6 (1) (1) (f) GDPR will serve as the legal basis for the processing of data.

3. Data removal and storage duration

The personal data of the data subject will be erased or restricted as soon as the purpose of its storage has been accomplished. Additional storage may occur if this is provided for by the European or national legislator within the EU regulations, law, or other relevant regulations to which the data controller is subject. Restriction or erasure of the data also takes place when the storage period stipulated by the aforementioned standards expires, unless there is a need to prolong the storage of the data for the purpose of concluding or fulfiling the respective contract.

 

IV. Rights of the data subject

When your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights:

1. Right to information

You may request the data controller to confirm whether your personal data is processed by them.

If such processing occurs, you can request the following information from the data controller:

  • The purpose for which the personal data is processed.

  • The categories of personal data being processed.

  • The recipients or categories of recipients to whom the personal data have been or will be disclosed.

  • The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage.

  • The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing.

  • The existence of the right to lodge a complaint with a supervisory authority.

  • Where personal data are not collected from you any available information as to their source.

  • The existence of automated decision-making including profiling under Article 22 (1) and Article 22 (4) GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

You have the right to request information on whether your personal data will be transmitted to a third country or an international organization. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or modification of the data, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay.

3. Right to the restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

  • If you challenge the accuracy of your personal data for a period that enables the data controller to verify the accuracy of your personal data.

  • The processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of their use instead.

  • The data controller or its representative no longer need the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or

  • If you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate interests of the data controller override your interests.

If the processing of personal data concerning you has been restricted, this data may – with the exception of data storage – only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting 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 processing has been restricted according to the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.

4. Right to erasure

a) Obligation to erase

If you request from the data controller to delete your personal data without undue delay, they are required to do so immediately if one of the following applies:

  1. Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.

  2. You withdraw your consent on which the processing is based pursuant to Art. 6 (1) (1) (a) and Art. 9 (2) (a) GDPR and where there is no other legal basis for processing the data.

  3. According to Art. 21 (1) GDPR you object to the processing of the data and there are no longer overriding legitimate grounds for processing, or you object pursuant to Art. 21 (2) GDPR.

  4. Your personal data has been processed unlawfully.

  5. The personal data must be deleted to comply with a legal obligation in Union law or Member State law to which the data controller is subject.

  6. Your personal data was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

b) Information to third parties

If the data controller has made your personal data public and must delete the data pursuant to Art. 17 (1) GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.

c) Exceptions

The right to deletion does not exist if the processing is necessary.

  1. to exercise the right to freedom of speech and information;

  2. to fulfil a legal obligation required by the law of the Union or Member States to which the data controller is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative.

  3. for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and Art. 9 (2) (i) and Art. 9 (3) GDPR.

  4. for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

  5. to enforce, exercise or defend legal claims.

5. Right to information

If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.
You reserve the right to be informed about the recipients of your data by the data controller.

6. Right to data portability

You have the right to receive your personal data given to the data controller in a structured and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, if:

  1. the processing is based on consent in accordance with Art. 6 (1) (1) (a) GDPR or Art. 9 (2) (a) GDPR or performance of a contract in accordance with Art. 6 (1) (1) (b) GDPR and

  2. the processing is done by automated means.

In exercising this right, you also have the right to transmit your personal data directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.

7. Right to object

For reasons that arise from your particular situation, you have, at any time, the right to object to the processing of your personal data pursuant to Art. 6 (1) (1) (e) or 6 (1) (1) (f) GDPR; this also applies to profiling based on these provisions.
The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling associated with direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, to exercise your right to object to automated decisions that use technical specifications.

8. Right to withdraw the data protection consent declaration

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the legality of the processing carried out on the basis of the consent until the withdrawal.

9. Automated decisions on a case-by-case basis, including profiling

You have the right to not be subject to a decision based solely on automated processing – including profiling – that will have a legal effect or substantially affect you in a similar manner. This does not apply if the decision:

  1. is required for the conclusion or execution of a contract between you and the data controller,

  2. is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or

  3. is based on your eplicit consent.

However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) (a) or Art. 9 (2) (b) GDPR applies and reasonable measures have been taken to protect your rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or his representative, to express your opinion on the matter, and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of your residence, or your place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

 

V. Provision of website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and relevant information from the computer system of the calling device.

The following data is collected:

  • Browser type and version used

  • The user's operating system

  • The user's internet service provider

  • The IP address of the user

  • Date and time of access

  • Web pages from which the user's system accessed our website

  • Web pages accessed by the user's system through our website

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Purpose of data processing

The temporary storage of the IP address by the system is necessary for the delivery of the website to the computer of the user. For this purpose, the user's IP address must be kept for the duration of the session.

The storage in logfiles is done to ensure the functionality of the website. The data is also used to optimize the website and to ensure the security of our IT systems. An analysis of the data for marketing purposes does not take place.

For the aforementioned purposes, our legitimate interest lies in the processing of data in compliance with Art. 6 (1) 1 (f) GDPR.

3. Legal basis for data processing

The legal basis for the temporary storage of data and logfiles is Art. 6 (1) (1) (f) GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The session is complete when the collection of data for the provision of the website is accomplished.

If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is not possible.

5. Objection and removal

The collection of data for the provision of the website as well as the storage of data in log files are essential for the operation of the website. Therefore, the user may not object to the aforementioned processes.

 

VI. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or the internet browser on the user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. These cookies contain a string of characters that allows the browser to be uniquely identified when the website is reopened.

We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be identified even after a page break.

The following data is stored and transmitted in the cookies:

  • Language settings

  • Log-in information

We also use cookies on our website, which enable us to analyse the browsing behaviour of our users.

As a result, the following data will be transmitted:

  • Entered search queries

  • Frequency of page views

  • Use of website functionalities

The user data collected in this manner is pseudonymised by technical measures. It is therefore not possible to assign the data to the user accessing the site. The data is not stored together with other personal data of the users.

2. Purpose of data processing

The purpose of using technical cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. These require that the browser is recognized even after a page change.

We need cookies for the following purposes:

  • Applying language settings

  • Storage of search terms

The user data collected by technical cookies are not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and thus can constantly optimize our offer.

3. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 (1) (1) (a) GDPR.
The legal basis for the processing of personal data using technical cookies is Art. 6 (1) (1) (f) GDPR, legitimate interests.

4. Duration of storage and possibility of objection and removal

Cookies are stored on the user's device and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent.

If you use the Safari browser version 12.1 or higher, cookies will be automatically deleted after seven days. This also applies to opt-out cookies, which are used to prevent the use of tracking mechanisms.

 

VII. Newsletter

1. Description and scope of data processing

You can subscribe to a newsletter on our website free of charge. When subscribing for the newsletter, the data from the input mask is transmitted to us.

  • Email address

  • Last name

  • First name

  • Address

  • Date and time of registration

  • Company

  • Salutation

No data will be passed on to third parties in connection with data processing for the dispatch of newsletters. The data will be used exclusively for sending the newsletter.

2. Purpose of data processing

The user's email address is collected to deliver the newsletter to the recipient.

Additional personal data as part of the registration process is collected to prevent misuse of the services or email address.

3. Legal basis for data processing

The legal basis for the processing of data provided by the user after registration for the newsletter is Art. 6 (1) (1) (a) GDPR if the user has given his consent.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. The user's email address will therefore be stored as long as the newsletter subscription is active.

The other personal data collected during the registration process is generally deleted after a period of seven days.

5. Objection and removal

The subscription for the newsletter can be cancelled by the data subject at any time. For this purpose, every newsletter contains an opt-out link.
Through this, it is also possible to withdraw the consent to the storage of personal data collected during the registration process.

 

VIII. Contact via Email

1. Description and scope of data processing

You can contact us via the email address provided on our website. In this case the personal data of the user transmitted with the email will be stored.

The data will be used exclusively for the processing of the conversation.

2. Purpose of data processing

If you contact us via email, this also constitutes the necessary legitimate interest in the processing of the data.

3. Legal basis for data processing

If the user has given consent, the legal basis for processing the data is Art. 6 (1)(a) GDPR.
The legal basis for the processing of data transmitted while sending an email is Art. 6 (1) (1) (f) GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it can be concluded from the circumstances that the matter in question has been conclusively resolved.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Objection and removal

The user has the possibility to withdraw consent to the processing of their personal data at any time. If the user contacts us by email under datenschutz@ypog.law, he can object to the storage of his personal data at any time.
In this case, all personal data stored while establishing contact will be deleted.

 

IX. Application via Email

1. Scope of processing personal data

You can send us your application via email. We process your email address and the information you provide in the email.

2. Purpose of data processing

The processing of personal data from the application form serves us solely to process your application.

3. Legal basis for data processing

The legal basis for the processing of the data is the completion of the contractual relationship with you, Art. 6 (1) (1) (b) Alt. 1 GDPR and § 26 (1) (1) BDSG (Federal Act of Dataprotection).

The legal basis for the processing of your data in connection with the use of our corporate presence for the application process is Art. 6 (1) (1) (b) Alt. 1 GDPR and § 26 (1) (1) BDSG.

4. Duration of storage

After completion of the application procedure, the data will be stored for up to six months. Your data will be deleted after six months at the latest. In the event of a legal obligation, the data will be stored within the framework of the applicable provisions.

5. Objection and removal

The applicant has the possibility at any time to object to the processing of the personal data in an email to karriere@ypog.law. In such a case, the application can no longer be considered.

All personal data stored during electronic job applications will be deleted in this case.

 

X. Use of corporate profiles in professionally oriented networks

1. Scope of data processing

We use corporate profiles on professionally oriented networks. We maintain a corporate presence on the following professionally oriented networks:
On our site we provide information and offer users the possibility of communication.
The corporate profile is used for job applications, information, public relations, and active sourcing.
We do not have any information on the processing of your personal data by the companies jointly responsible for the corporate profile. Further information can be found in the privacy policy of:

If you carry out an action on our company profile (e.g. comments, contributions, likes etc.), you may make personal data (e.g. clear name or photo of your user profile) public.

2. Legal basis for data processing

The legal basis for the processing of your data in connection with the use of our corporate web profile is Art. 6 (1) (1) (f) GDPR.

3. Purpose of the data processing

Our corporate web profile serves to inform users about our services. Every user is free to publish personal data.

4. Duration of storage

We store your activities and personal data published via our corporate web profile until you withdraw your consent. In addition, we comply with the statutory retention periods.

5. Objection and removal

You can object at any time to the processing of your personal data which we collect within the scope of your use of our corporate web profile and assert your rights as a data subject mentioned under IV. of this privacy policy. Please send us an informal email to the email address stated in this privacy policy.
You can find further information on objection and removal options here:

 

XI. Hosting

The website is hosted on servers of a service provider commissioned by us.

Our service provider is:

Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany
The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website. The stored information is:

  • Browser type and version

  • Used operating system

  • Referrer URL

  • Hostname of the accessing computer

  • Time and date of the server request

  • IP address of the user's device

This data will not be merged with other data sources. The data is collected on the basis of Art. 6 (1) (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website - and server log files are therefore recorded

The server of the website is geographically located in Germany.

 

XII. Geotargeting

We use the IP address and other information provided by the user (e.g. the postal code used for registration or ordering) to approach regional target groups (so-called "geotargeting").

The regional target group approach is used, for example, to automatically display regional offers or advertisements that often are more relevant to users. The legal basis for the use of the IP address and any other information provided by the user (e.g. postal code) is Art. 6 (1) (1) (f) GDPR, based on our legitimate interest in ensuring a more precise target group approach and thus providing offers and advertising with greater relevance for our users.

Part of the IP address and the additional information provided by the user (e.g. postal code) are merely processed and not stored separately.

You can prevent geotargeting by, for example, using a VPN or proxy server that prevents accurate localisation. In addition, depending on the browser you are using, you can also deactivate a location localisation in the corresponding browser settings (as far as this is supported by the respective browser).

We use geotargeting on our website for the following purposes:

  • Customer approach

  • Advertising purposes

 

XIII. Usage of Plugins

We use plugins for various purposes. The plugins used are listed below:

Use of Google Analytics

1. Scope of processing of personal data

We use Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA and its representative in the Union Google Ireland Ltd., Gordon House, Barrow Street, D04 E5W5, Dublin, Ireland (Hereinafter referred to as Google). Google Analytics examines, among other things, the origin of visitors, their length of stay on individual pages and the use of search engines, thus allowing better monitoring of the success of advertising campaigns. Google places a cookie on your computer. This allows personal data to be stored and evaluated, in particular the user's activity (in particular which pages have been visited and which elements have been clicked on), device and browser information (in particular the IP address and the operating system), data on the advertisements displayed (in particular which advertisements have been displayed and whether the user has clicked on them) and also data on advertising partners (in particular pseudonymised user IDs). The information generated by the cookie about your use of this website will be transmitted to and stored by Google on servers in the United States. However, if IP anonymization is enabled on this online presence, Google will previously truncate your IP address within member states of the European Union or other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.

On behalf of the operator of this online presence, Google will use this information to evaluate your use of the online presence, to compile reports on the activities of the online presence and to provide further services associated with the use of the online presence and the Internet use to the operator of the online presence. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our website.

Part of the terms of use of Google Analytics as a Google advertising product are so-called EU standard contractual clauses (Art. 46 (2) p. 1 lit. c DSGVO). These are to be classified as an appropriate safeguard for the protection of the transfer and processing of personal data outside the EU.

Further information on the collection and storage of data by Google can be found here:
https://policies.google.com/privacy?gl=EN&hl=en

2. Purpose of data processing

The purpose of processing personal data is to specifically address a target group that has already expressed an initial interest by visiting the site.

3. Legal basis for the processing of personal data

The legal basis for the processing of personal data is the user's given consent in accordance with Art. 6 (1) (1) (a) GDPR.

4. Duration of storage

Your personal information will be stored for as long as is necessary to fulfill the purposes described in this Privacy Policy or as required by law. Advertising data in server logs is anonymized by Google's own statements to delete parts of the IP address and cookie information after 9 and 18 months respectively.

5. Possibility of revocation of consent and removal

You have the right torevoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.
You may prevent the collection and processing of your personal data by Google by preventing the storage of cookies by third parties on your computer, by using the "Do Not Track" function of a supporting browser, by deactivating the execution of script code in your browser or by installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser. your IP address) to Google and to prevent the processing of this data by Google by downloading and installing the browser plug-in available under the following link:
https://tools.google.com/dlpage/gaoptout?hl=en

With the following link you can deactivate the use of your personal data by Google:

https://adssettings.google.de\

Further information on objection and removal options against Google can be found at:

https://policies.google.com/privacy?gl=EN&hl=en

 

XIV. Use of HubSpot

1. Scope of processing of personal data

We use functions of the CMS system Hubspot of HubSpot Inc., 2nd Floor, 25 First Street, Cambridge, MA 02141, USA (Hereinafter referred to as HubSpot). This is an integrated software solution that covers various aspects of our online marketing. These include, among other things: Email marketing (newsletters and automated mailings, e.g. to provide downloads), social media publishing & reporting, reporting (especially traffic sources, access, etc. …), contact management (especially user segmentation & CRM), landing pages and contact forms. HubSpot sets a cookie on your computer. This allows personal data to be stored and evaluated, in particular the user’s activity (in particular which pages have been visited and which elements have been clicked on), device and browser information (in particular the IP address and the operating system), data on the advertisements displayed (in particular which advertisements have been displayed and whether the user has clicked on them) and also data on advertising partners (in particular pseudonymised user IDs).

By using Hubspot, personal data of you will be transmitted to the USA or other third countries outside the EU. To ensure appropriate safeguards for the protection of the transfer and processing of personal data outside the EU, the transfer of data to and processing of data by Hubspot is based on appropriate safeguards pursuant to Art. 46 et seq. DSGVO, in particular by concluding so-called standard data protection clauses pursuant to Art. 46 (2) (c) DSGVO.

Other recipients of the data processed by Hubspot are in particular:

  • Amazon Web Services, Inc.

  • Google, Inc.

  • Cloudflare, Inc.

  • Twilio, Inc.

  • Communications Systems, Inc.

  • SendGrid, Inc.

  • Snowflake, Inc.

  • HubSpot, Inc.

  • HubSpot Ireland, Ltd.

  • HubSpot Germany GmbH

  • HubSpot Australia Pty Ltd.

  • HubSpot Asia Pte. Ltd.

  • Junction Japan KK

  • Latin America Junction, S.A.S.

  • HubSpot Sweden

Further information on the collection and storage of data by HubSpot can be found at: https://legal.hubspot.com/privacy-policy

2. Purpose of data processing

We use the HubSpot plug-in to optimize our website and marketing activities.

3. Legal basis for the processing of personal data

The legal basis for the processing of personal data is the user’s given consent in accordance with Art. 6 (1) (a) GDPR.

4. Duration of storage

Your personal information will be stored for as long as is necessary to fulfill the purposes described in this Privacy Policy or as required by law, e.g. for tax and accounting purposes.

5. Possibility of withdrawal of consent and erasure

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the withdrawal.

You can prevent HubSpot from collecting and processing your personal data by preventing the storage of cookies from third parties on your computer, by using the “Do Not Track” function of a supporting browser, by deactivating the execution of script code in your browser or by installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.

You can find further information on objection and erasure options against HubSpot at: https://legal.hubspot.com/privacy-policy

Information regarding Data Protection –
Notary Services

 

1. Who is responsible, whom can you turn to?

The controller responsible for the processing of your personal data is me, Dr. Lilly Fiedler, Notary (Notarin),
with official seat in Berlin. For all inquiries with regard to data protection, please feel free to contact me or my
data-protection officer as follows:

Dr. Lilly Fiedler, Notary
Hardenbergstraße 27
10623 Berlin | Germany
P +49 30 767597544
F +49 30 767597599
lilly.fiedler@ypog.law
ypog.law

DataCo GmbH
Dachauer Straße 65
80335 München | Germany
P +49 89 74004840
kontakt@dataguard.de
dataguard.de

2. Which data do I process, and where does the data come from?

Notaries process personal data that they receive from you or from third parties instructed by you (e.g. attorneys,
tax advisors, brokers, financial institutions), such as e.g.:

  • personal details, e.g. first name and family name, date of birth and place of birth, nationality, marital ­status; in individual cases, your birth registration number;
  • contact details, such as e.g. postal address, telephone and fax numbers, e mail address; • for real-estate contracts: your tax identification number (steuerliche Identifikations-Nummer);
  • in certain cases — e.g. in the context of prenuptial agreements, wills, contracts of inheritance, or ­adoptions —, also data on your family situation and your assets as well as (where applicable) information regarding your health or other sensitive data, for instance because they serve to document your capacity to contract;
  • in certain cases also data from your legal relationships with third parties, such as e.g. reference numbers, or loan or account numbers with financial institutions.

Moreover, I process data from public registers, e.g. from the land register or from commercial registers and ­registers of association.

3. For what purposes and on what legal basis is the data processed?

As a notary, I am the holder of a public office.

By way of my official activities, I perform a task that is in the interest of the general public as to an orderly ­precautionary administration of justice and thus in the public interest and occurs in the exercise of official authority vested in me (Art. 6(1) sentence 1 lit. e General Data Protection Regulation – GDPR).

Your data is processed solely in order to carry out the notarial activity requested by you and (where applicable) by additional persons involved in a transaction in accordance with my official duties, for instance, for purposes of preparing draft notarial documents, of notarizations and of executing notarial business, or of providing advice.

Accordingly, the personal data is always processed only on the basis of the provisions of professional and procedural law applicable to me, which predominantly derive from the German Federal Code of the Notarial Profession (Bundesnotarordnung – BNotO) and the German Notarization Act (Beurkundungsgesetz – BeurkG). At the same time, those provisions also give rise to a legal obligation on my part to process the necessary data (Art. 6(1) sentence 1 lit. c GDPR). A failure on your part to provide me with the data that I request from you would, therefore, result in my having to decline to (continue to) carry out the official business in question.

4. To whom do I transmit data?

As a notary, I am subject to a statutory obligation to maintain confidentiality.

The obligation to maintain confidentiality also applies to all members of my staff and any other persons instructed by me. Accordingly, I am only allowed to transmit your data if and to the extent that I am under a corresponding obligation in the individual case, e.g. owing to notification obligations vis-à-vis the tax authorities; public registers such as the land register, commercial register or register of associations, Central Register of Wills, Central Register of Lasting Powers of Attorney (Vorsorgeregister); courts such as the probate court, guardianship court or family court; or public authorities.

In the context of professional supervision and supervision of conduct in service, I might also be under an obligation to provide information to the Chamber of Notaries or to my supervisory authority regarding conduct in service, which, for their part, are subject to an official obligation to maintain confidentiality. Beyond that, your data will be transmitted only if I am under an obligation to do so owing to declarations made by you or if you have applied for such transmission.

5. Is data transmitted to third countries?

Your personal data will be transmitted to third countries only upon special request by you or if and to the extent that a party involved in a deed (Urkundsbeteiligter) is resident in a third country.

6. For what period will your data be stored?

I process and store your personal data within the limits of my statutory retention obligations. Pursuant to sec. 5(4) German Official Regulations for Notaries (Dienstordnung für Notarinnen und Notare – DONot) (hereinafter
›Notarial Regulations‹), the following retention periods apply to the retention of notarial records:

  • register of deeds (Urkundenrolle), register of contracts of inheritance, index of names relating to the register of deeds and the collection of deeds (Urkunden) including the contracts of inheritance that are retained separately (sec. 18(4) Notarial Regulations): 100 years;
  • custody ledger (Verwahrungsbuch), assets ledger (Massenbuch), index of names relating to the assets ledger,
    list of escrow accounts (Anderkonten), general files: 30 years;
  • ancillary files: 7 years; the notary may, in writing and no later than in the context of the final substantive work on the respective file, designate a longer retention period, e.g. for dispositions mortis causa or in cases where there is a risk of recourse; such designation may also be made generally for individual types of legal transactions, such as e.g. dispositions mortis causa.

Once the storage periods have expired, your data will be erased and/or the hard-copy documents will be destroyed unless I am under an obligation to store them for a longer period pursuant to Art. 6(1) sentence 1 lit. c GDPR owing to retention or documentation obligations under tax or commercial law (under the German Commercial Code ­[Handelsgesetzbuch – HGB], the German Criminal Code [Strafgesetzbuch – StGB], the German Anti-­Money Laundering Act [Geldwäschegesetz – GwG] or the German Fiscal Code [Abgabenordnung – AO]) as well as owing to obligations under professional rules of conduct for purposes of checking for possible conflicts.

7. What are your rights?

You have the following rights:

  • to demand information on whether I process personal data concerning you; if so, for which purposes I process such data and which categories of personal data I process; to whom such data has been transmitted (if applicable); for what period such data will be stored (if applicable); and what rights you are entitled to;
  • to have inaccurate personal data concerning you that is stored at my office rectified. Likewise, you have the right to have any incomplete data set that is stored at my office supplemented by me;
  • the right to demand erasure of the personal data pertaining to you provided that a ground for erasure applies as provided for by statute (cf. Art. 17 GDPR) and the processing of your data is not called for in order to comply with a legal obligation or for other overriding grounds as per the GDPR;
  • to require that, going forward, I process your data only in a restricted way — e.g. for purposes of establishing legal claims or owing to an important public interest — while I examine, for instance, your entitlement to rectification or your objection or (where applicable) in the event that I reject your claim for erasure (cf. Art. 18 GDPR);
  • to object to the processing where such processing is necessary for me to perform my tasks that are in the public interest, or to discharge my public office, if there are grounds for such objection that arise from your particular situation;
  • to turn to the supervisory authorities with a complaint under data-protection law. The supervisory authority with jurisdiction in relation to me is the

Commissioner for Data Protection and Freedom
of Information of the state (Land) of Berlin,
Friedrichstr. 219
10969 Berlin | Germany
P +49 30 138890
F +49 30 2155050
mailbox@datenschutz-berlin.de
datenschutz-berlin.de

  • The complaint may be filed with any supervisory authority regardless of jurisdiction.

 

YPOG_GDPR_Notary-Services.pdf