Privacy Notice      

 

With this data protection notice, we inform you (hereinafter also referred to as “user” or “data subject”) in about the data processing in our law firm and notary office (under 2.) and specifically regarding our website (under 3.), and when contacting us via e-mail or telephone (under 4.). We also provide information you about our online presence in social media and about your rights with regard to the processing of your data. Herein, “data processing” always refers to the processing of personal data.

 

1. Data controller and contact information

The data controller for the law firm under applicable data protection laws is Pinegrove Rechtsanwaltsgesellschaft mbH, Hessenring 107, 61348 Bad Homburg v. d. Höhe. For notarial matters, the data controller is Notary Baek-Lim Whang, Hessenring 107, 61348 Bad Homburg v. d. Höhe.

For data protection inquiries, please contact us at the above address or via e-mail at mail@pinegrove.de. The external Data Protection Officer of the notary is Dr. Frank Tykwer, Cäcilienhöhe 173, 45657 Recklinghausen, rechtsanwalt@dr-tykwer.de.

 

2. General information on data processing

2.1 Categories of personal data

We process personal data that we receive from you directly or from third parties you have authorized (e.g. lawyer, tax advisor, broker, credit institution), such as:

      • Personal data (e.g. first and last name, date and place of birth, nationality, marital status; in some cases birth number);
      • Contact details (e.g. postal address, telephone and fax number, e-mail address);
      • Your tax identification number for real estate contracts;
      • In certain cases (e.g., for marriage contracts, wills, inheritance contracts or adoptions), data on your family situation, assets, information about your health or other sensitive data, e.g. necessary to document your legal capacity;
      • Data from legal relationships with third parties such as file numbers or loan or account numbers with financial institutions.

We also process data from public registers, including land register, commercial and association registers.

 

2.2 Purpose and legal basis of data processing

We process personal data to the extent necessary for the fulfilling contractual obligations and implementing pre-contractual measures that are carried out at the request of the data subject (Art. 6 para. 1 lit. b GDPR) and for protecting legitimate interests (Art. 6 para. 1 lit. f GDPR), in particular:

      • Initiating and executing engagement agreements;
      • Corresponding with clients, authorities, courts and other parties involved though various means of communication such as e-mail or MS Teams;
      • Accounting and invoicing.

Data processing is also carried out to fulfill legal requirements pursuant to Art. 6 para. 1 lit. c GDPR, e.g. according to the provisions of the Anti-Money Laundering Act for the identification of the client and the economically entitled parties associated with the client.

Data processing in connection with the notary’s activities is also based on Art. 6 para. 1 lit. e GDPR, as necessary to perform tasks assigned to the notary in the public interest.

 

2.3 Disclosure of data to third parties

As attorneys and notary, we are subject to statutory secrecy obligations. This duty of confidentiality extends to all our employees and commissioned parties.

Data disclosure to third parties occurs on the basis of legal permissions, particularly Art. 6(1)(b) GDPR for executing attorney-client relationships. This includes disclosure to opposing parties, their representatives, courts and other public authorities for correspondence and legal proceedings.

In notarial activities, data disclosure is limited to legal obligations, such as notifications to tax authorities or public registers such as the land register, commercial or association register, central wills register. We may also be required to provide information to the Chamber of Notaries or authorities as supervisory bodies.

Potential data recipients as processors include IT system administrators, NotarNet GmbH and other notary software providers, web hosts, cloud service providers, file destruction services and video conferencing providers.

 

2.4 Duration of the storage of personal data

We retain personal data for the duration required by statutory retention periods. After these periods expire, data is deleted unless it remains necessary for the original purpose, contract fulfillment, or contract initiation.

 

2.5 Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this will only be done to fulfill (pre-)contractual obligations, with your consent, due to a legal obligation or based on our legitimate interests. Subject to legal or contractual permissions, we process data or have data processed in a third country only if the special requirements of Art. 44 et seq. GDPR, i.e. the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

 

3. Data processing related to website visits

3.1 Log files

When visiting our website, only personal data transmitted by your browser to our server is stored in log files. This includes the type of web browser, the operating system used, the domain name of the Internet Service Provider, the IP address of the computer used, the website from which you visit our website, the pages of our website that you access, as well as the date and duration of the visit. We do not draw any conclusions about the data subject when using this general data and information. There is no personal evaluation or analysis of the data for marketing purposes or profiling. The IP address is not stored in this context. The collection of this data is technically necessary for displaying our website and ensuring its secure operation. The legal basis is Art. 6(1)(f) GDPR.

 

3.2 Cookies, Google Analytics

We do not use cookies on our website. Neither do we, for protecting your personal data, use Google Analytics.

 

4. Data processing when contacting us

4.1 Contacting us via e-mail

Contacting our firm by e-mail is possible through the e-mail addresses published on our website.

If you use this contact method, the data you provide (e.g. surname, first name, address), but at least the e-mail address and the information contained in the e-mail, together with the personal data you provide, will be stored for the purpose of contacting you and processing your request. In addition, the following data is collected by our system:

      • IP address of the calling computer;
      • Date and time of the e-mail.

The legal basis for the processing of personal data in the context of e-mails sent to us is Art. 6 para. 1 subpara. 1 lit. b, f GDPR.

 

4.2 Contact via letter and fax

If you send us a letter or a fax, the data transmitted by you (e.g. surname, first name, address) and the information contained in the letter or fax together with the personal data transmitted by you will be stored for the purpose of contacting you and processing your request.

The legal basis for the processing of personal data in the context of letters and faxes sent to us is Art. 6 (1) lit. b or lit. f GDPR.

 

5. Online presence in social media

We maintain online presences in (LinkedIn, Xing, Facebook and Instagram) o inform users active on about our services and to communicate via these platforms. Our social media channels can only be accessed via an external link. As soon as you access our social media profile in the respective network, the terms and conditions and data processing policies of the respective operators apply.

 

We have no influence on the collection of data and the further use by the social networks. We have no knowledge of the extent to which, where and for how long the data is stored, the extent to which the networks comply with existing deletion obligations, what evaluations and links are made with the data and to whom the data is passed on. We therefore expressly draw your attention to the fact that your data (e.g. personal information, IP address) will be stored by the operators of the networks in accordance with their data usage guidelines and used for business purposes.

We process data with regard to social media presences insofar as, for example, comments or direct messages are directed to us via the relevant social networks. The legal basis for the processing of data, upon the user’s consent, is Art. 6 (1) lit. a GDPR.

 

6. Your rights

As a data subject, you have the following rights in connection with the processing of your personal data:

 

6.1 Right to information pursuant to Art. 15 GDPR

(1) The data subject has the right to obtain from the data controller confirmation as to whether personal data concerning him or her are being processed; if this is the case, he or she has the right to obtain information on such personal data and on the following:

        • the purposes of processing;
        • the categories of personal data processed;
        • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
        • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
        • the existence of a right to rectification or erasure of the personal data concerning you or to restriction of processing by the data controller or a right to object to such processing;
        • the existence of a right of appeal to a supervisory authority;
        • if the personal data are not collected from the data subject, any available information on the origin of the data;
        • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, detailed information about the logic involved and the implications and intended effects of such processing for the data subject.

(2) If personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

 

6.2 Right to rectification pursuant to Article 16 GDPR

The data subject has the right to demand from the data controller the rectification of inaccurate personal data concerning him or her without undue delay. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration.

 

6.3 Right to deletion pursuant to Art. 17 GDPR

(1) The data subject shall have the right to demand from the data controller the erasure without delay of personal data concerning him or her, and the data controller shall be obliged to erase personal data without delay, where one of the following reasons applies:

      • The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
      • The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
      • The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
      • The personal data have been processed unlawfully.
      • The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the data controller is subject.
      • The personal data was collected in relation to information society services offered pursuant to Article 8 (1) GDPR.

(2) If the data controller has made the personal data public and is obliged to delete the personal data in accordance with paragraph 1, the data controller shall take reasonable measures, including technical measures, considering the technology available and the cost of implementation, to inform data controllers who process the personal data that a data subject has requested deletion of all links to or copies or replications of such personal data.

(3) Paragraphs 1 and 2 do not apply to the extent that the processing is required for:

      • the exercise of the right to freedom of expression and information;
      • compliance with a legal obligation which requires processing under Union or Member State law to which the data controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;
      • reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
      • archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1), where the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
      • the assertion, exercise or defense of legal claims.

6.4 Right to restrict the processing pursuant to Art. 18 GDPR

(1) The data subject has the right to demand from the data controller to restrict the processing if one of the following conditions is met:

      • the accuracy of the personal data is contested by the data subject, which applies for a period of time, during which the data controller has the opportunity to verify the accuracy of the personal data;
      • the data processing is unlawful and the data subject objects to the deletion of the personal data and instead requests to restrict the use of the personal data;
      • the data controller no longer requires the personal data for the purposes of the processing, but the data subject requires the personal data for the establishment, exercise or defense of legal claims; or
      • the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it has not yet been determined whether the legitimate grounds of the data controller prevail over those of the data subject.

(2) Where processing has been restricted pursuant to paragraph 1, processing of such personal data, except for storage, is only permitted with the consent of the data subject or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the EU or a member state.

 

6.5 Right to data portability according to Art. 20 GDPR

(1) The data subject has the right to obtain personal data concerning him or her, which he or she has provided to a data controller in a structured, commonly used and machine-readable format, and has the right to transmit such data to another data controller without hindrance from the data controller, to whom the personal data have been provided, provided that:

        • the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
        • the processing is carried out with the aid of automated procedures.

(2) When exercising his or her right to data portability pursuant to paragraph 1, the data subject has the right to obtain that the personal data be transferred directly from one data controller to another data controller, where technically feasible.

The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of other persons.

This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

 

6.6 Right of objection pursuant to Art. 21 GDPR

The data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. The data controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which prevail over the interests, rights and freedom of the data subject, or for the assertion, exercise or defense of legal claims.

In connection with the use of information society services, notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by means of automated procedures using technical specifications.

 

6.7 Right of withdrawal pursuant to Art. 7 (3) GDPR

The data subject has the right to revoke his/her declaration of consent under data protection law at any time. The revocation of consent will not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

 

6.8 Right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR.

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the member state of his or her place of residence, place of work or place of the presumed infringement.