1. Name and contact details of the data controllers and the company data protection officer
The controllers responsible for processing your personal data are: Attorney and Notary (ret.) Dr. Helmut Häuser, Attorney and Notary Dr. Philipp Häuser, Attorney and Notary Dr. Frederick Häuser, each with an official seat in Frankfurt am Main, and Attorney Dr. Nicolas Häuser.
Each of the aforementioned notaries is solely responsible, within the meaning of data protection regulations, for the area for which he is respectively accountable.
For all data protection inquiries, you may contact the notary responsible for your matter or our joint data protection officer as follows:
CAHN, HÄUSER & PARTNER
Freiherr-vom-Stein-Straße 11
60323 Frankfurt am Main
mail@cahnhaeuser.de
Data Protection Officer:
CAHN, HÄUSER & PARTNER
Attn: Data Protection Officer
Freiherr-vom-Stein-Straße 11
60323 Frankfurt am Main
datenschutzbeauftragter@cahnhaeuser.de
2. Collection and storage of personal data as well as type and purpose of their use
When you visit our website cahnhaeuser.de, information is automatically sent to our website server by the browser used on your device. This information is temporarily stored in a so-called log file. The following information is collected without any action on your part and stored until automated deletion:
IP address of the requesting computer
Date and time of access
Name and URL of the accessed file
Website from which access occurs (referrer URL)
Browser used and, if applicable, the operating system of your computer as well as the name of your access provider
The aforementioned data is processed for the following purposes:
Ensuring a smooth connection setup of the website
Ensuring comfortable use of our website
Evaluation of system security and stability as well as for other administrative purposes
The legal basis for the data processing is Art. 6(1)(f) GDPR. Our legitimate interest arises from the purposes of data collection listed above. Under no circumstances do we use the collected data to draw conclusions about your person.
3. Disclosure of data
Your personal data will not be transferred to third parties for purposes other than those listed below.
We only disclose your personal data to third parties if:
You have given your explicit consent pursuant to Art. 6(1)(a) GDPR,
The disclosure is necessary pursuant to Art. 6(1)(f) GDPR for the establishment, exercise, or defense of legal claims, and there is no reason to assume that you have an overriding legitimate interest in not having your data disclosed,
There is a legal obligation for disclosure pursuant to Art. 6(1)(c) GDPR, or
It is legally permissible and required under Art. 6(1)(b) GDPR for the performance of a contract with you.
4. Rights of the data subject
You have the right to:
Request information pursuant to Art. 15 GDPR about your personal data processed by us. In particular, you may obtain information about the purposes of the processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the envisaged 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 source of your data if not collected from us, and the existence of automated decision-making including profiling and, where applicable, meaningful information about the details thereof.
Request the rectification of inaccurate or incomplete personal data stored by us without undue delay pursuant to Art. 16 GDPR.
Request the erasure of your personal data stored by us pursuant to Art. 17 GDPR, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims.
Request the restriction of processing of your personal data pursuant to Art. 18 GDPR, where you contest the accuracy of the data, the processing is unlawful but you oppose its erasure, we no longer need the data, but you require it for the establishment, exercise, or defense of legal claims, or you have objected to processing pursuant to Art. 21 GDPR.
Receive your personal data provided to us in a structured, commonly used and machine-readable format or request the transmission to another controller pursuant to Art. 20 GDPR.
Withdraw consent given to us at any time pursuant to Art. 7(3) GDPR. This means that we may no longer continue any data processing based on this consent in the future.
Lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR. As a rule, you may contact the supervisory authority at your habitual residence, place of work, or our office location.
5. Right to object
If your personal data is processed based on legitimate interests pursuant to Art. 6(1)(f) GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR if there are reasons arising from your particular situation or if the objection is directed against direct marketing. In the latter case, you have a general right to object, which will be implemented by us without the need to specify a particular situation.
To exercise your right of withdrawal or objection, simply send an email to mail@cahnhaeuser.de
6. Data security
We use the SSL (Secure Socket Layer) method during your website visit in conjunction with the highest level of encryption supported by your browser. Typically, this is 256-bit encryption. If your browser does not support 256-bit encryption, we instead use 128-bit v3 technology. You can tell whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser.
We also implement appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction, or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
7. Currency and amendment of this privacy policy
This privacy policy is currently valid and was last updated in August 2019.
Due to the further development of our website or as a result of changed legal or official requirements, it may become necessary to amend this privacy policy. The current privacy policy can be accessed and printed at any time on the website under “Link”.
DATA PROTECTION INFORMATION (NOTARY)
1. Name and contact details of the data controllers and the company data protection officer
The controllers responsible for processing your personal data are:
Attorney and Notary Dr. Philipp Häuser and Attorney and Notary Dr. Frederick Häuser, each with an official seat in Frankfurt am Main.
Each of the aforementioned notaries is solely responsible, within the meaning of data protection regulations, for the area for which he is respectively accountable.
For all data protection inquiries, you may contact the notary responsible for your matter or our joint data protection officer as follows:
CAHN, HÄUSER & PARTNER
Freiherr-vom-Stein-Straße 11
60323 Frankfurt am Main
mail@cahnhaeuser.de
Data Protection Officer:
CAHN, HÄUSER & PARTNER
Attn: Data Protection Officer
Freiherr-vom-Stein-Straße 11
60323 Frankfurt am Main
datenschutzbeauftragter@cahnhaeuser.de
2. Collection, storage and processing of personal data
The notary processes personal data obtained from you or from third parties instructed by you (e.g. attorneys, tax advisors, brokers, banks), such as:
Personal data (e.g. first and last name, date and place of birth, nationality, marital status; in individual cases your birth register number),
Contact details (e.g. postal address, telephone and fax numbers, email address),
In real estate transactions, your tax identification number,
In certain cases (e.g. marriage contracts, wills, inheritance contracts or adoptions), information about your family situation, assets and, where necessary, health data or other sensitive information (for example, to document your legal capacity),
In certain cases, data from your legal relationships with third parties (e.g. reference numbers, loan or account numbers at financial institutions).
The notary also processes data from public registers, such as the land register or commercial and association registers.
3. Purpose and legal basis of data processing
The notary holds a public office. His professional activity is performed in the public interest in maintaining a regulated system of preventive administration of justice and thus constitutes the exercise of official authority (Art. 6(1)(e) GDPR).
Your data is processed solely for the purpose of performing the notarial activity requested by you and any other parties involved, such as drafting notarial documents, notarization, execution of notarial transactions, or providing legal advice.
Data processing is therefore based exclusively on the professional and procedural regulations applicable to notaries, primarily the Federal Notarial Code (BNotO) and the Beurkundungsgesetz (BeurkG). These provisions also establish the notary’s legal obligation to process the required data (Art. 6(1)(c) GDPR).
Failure to provide the data requested by the notary would result in the notary being unable to carry out or continue the notarial transaction.
4. Disclosure of data
The notary is subject to a statutory duty of confidentiality, which also applies to all employees and agents of the notary.
The notary may only disclose your data when and to the extent that he is legally obliged to do so — for example, due to reporting obligations to the tax authorities or to public registers such as the land register, commercial or association register, the Central Register of Wills, the Register of Advance Directives, or to courts and authorities.
In the context of professional supervision, the notary may also be required to provide information to the Notarial Chamber or his supervisory authority, both of which are likewise bound by official confidentiality.
Otherwise, your data will only be shared if you have expressly consented to the disclosure or have requested it.
5. Data transfer to third countries
Your personal data will only be transferred to third countries upon your explicit request or if and to the extent a party to the transaction is domiciled in a third country.
6. Duration of data storage
The notary processes and stores your personal data in accordance with statutory retention obligations.
Pursuant to Section 5(4) of the Notarial Code of Practice (DONot), the following retention periods apply:
Notarial records, register of inheritance contracts, name index to notarial records and document collection including separately stored inheritance contracts (§ 18(4) DONot): 100 years
Custody register, mass register, name index to the mass register, escrow account list, general files: 30 years
Supplementary files: 7 years (the notary may determine a longer retention period in writing, e.g. for wills or in cases of liability risk; this determination may also generally apply to certain types of transactions)
After the expiration of these retention periods, your data will be deleted or paper records destroyed unless the notary is required under Art. 6(1)(c) GDPR to retain them longer due to tax, commercial, criminal, anti-money laundering, or professional obligations (e.g. for conflict checks).
7. Rights of the data subject
You have the right to:
Obtain information as to whether the notary processes personal data concerning you, and if so, for what purposes, which categories of data are processed, to whom the data has been or will be disclosed, how long it will be stored, and which rights you have.
Request correction of inaccurate personal data stored by the notary or completion of incomplete data.
Request deletion of your personal data, provided that there is a legal basis for deletion (Art. 17 GDPR) and processing is not required to fulfill a legal obligation or for other overriding reasons under the GDPR.
Request that the notary restrict processing of your data, for example for asserting legal claims or for reasons of important public interest, while the accuracy of your data or an objection is being verified (Art. 18 GDPR).
Object to the processing of your data if the processing is necessary for the notary to perform a task carried out in the public interest or in the exercise of official authority, provided reasons for the objection arise from your particular situation.
Lodge a data protection complaint with the supervisory authorities.
The competent supervisory authority for the above-mentioned notaries is:
The Hessian Commissioner for Data Protection and Freedom of Information
Gustav-Stresemann-Ring
65189 Wiesbaden
Phone: +49 611 1408 0
Fax: +49 611 1408 611
Email: poststelle@datenschutz.hessen.de
Complaints may be lodged with any supervisory authority regardless of jurisdiction.