Data Protection Statement according to GDPR Guidelines

I.              Name and address of the controller

The controller in accordance with the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

 

Erben-Ermittlung Emrich Zossen GmbH & Co. KG

Am Marktplatz 7/8

15806 Zossen

Telephone: +49 (0)3377 3305522

Fax: +49 (0)3222 6888062

Email: verwaltung@ee-erbenermittlung.de

 

Address of the data protection officer:

 

Am Marktplatz 7/8

15806 Zossen

Telephone: +49 (0)3377 3305522

Fax: +49 (0)3222 6888062

Email: datenschutz@ee-erbenermittlung.de

II.            Provision of the website and creation of log files

1.             Description and scope of data processing

With every visit of our website, our system automatically collects data and information from the operating system of the accessing computer.

 

The following data is collected:

 

(1) Information about the browser type and the version used

(2) The operating system used by the user

(3) The internet service provider used by the user

(4) The user’s IP address

(5) Date and time of the access

(6) Websites from which the accessing system has reached our website

(7) Websites which are reached by the accessing system via our website

 

These data are then also stored in the log files of our system. A storage of these data along with other personal data of the user does not take place.

2.             Legal basis for data processing

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

3.             Purpose of data processing

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

Storage in log files is necessary to ensure the functioning of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems.

The above also serves our legitimate interest in data processing in accordance with Art. 6 (1) lit. f GDPR.

4.             Duration of storage

The data will be deleted as soon as it is no longer required for the purpose of its collection. In the event of collecting the data for providing the website, such is the case when the respective session is completed.

 

In the event of storing the data in log files, such is the case for no longer than seven days. A storage beyond this period is possible. In this case, the IP addresses of the users are either deleted or modified, so that an assignment of the accessing client is no longer possible.

5.             Options of objection and erasure

Insofar as we base the processing on our legitimate interest, the user has a right to object under the legal requirements of Art. 21 GDPR. You can find more information on this in the section on the rights of the data subject.

III.         Contact form and e-mail contact

1.             Description and scope of data processing

On our website a contact form is available, which can be used for electronic contact. If a user realizes this option, the data entered in the input mask will be transmitted to us and stored. These pieces of data are:

• Name
• Email

Alternatively, you can contact us via the provided e-mail address. In this case, your personal data transmitted by e-mail will be stored.

2.             Legal basis for data processing

The legal basis for the processing of the data if the consent of the user is given is Art. 6 (1) lit. a GDPR. If the e-mail contact aims to conclude a contract, then additional the legal basis for the processing is Art. 6 (1) lit. b GDPR.

3.             Purpose of data processing

The processing of the personal data from the input mask serves only to process the contact. In the case of contact via e-mail, the required legitimate interest in the processing of the data is also constituted.

The additional personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

4.             Duration of storage

The data will be deleted as soon as it is no longer required for the purpose for which it was collected. For the personal data provided in the contact form or sent by e-mail, such is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been conclusively clarified.

 

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

5.             Option of objection and erasure

Insofar as we base the processing on our legitimate interest, the user has a right to object under the legal requirements of Art. 21 GDPR. You can find more information on this in the section on the rights of the data subject.

IV.        Probate research

1.             Description and scope of data processing

Our main field of activity is probate research. In this context, we receive information from third parties about unsolved inheritance cases. Our commissioned professional probate investigators then search for potential heirs and – if they find them – provide us with their personal data; usually name, address and other contact details as well as the relationship to the deceased. We then contact the potential heirs and offer to represent them on the basis of a contract.

If an heir accepts our offer, we will act on the basis of the contract, determine and document the relationship of the heir to the decedent, file the application for a certificate of inheritance and carry out the settlement of the estate until the share of the inheritance attributable to the respective heir can be transferred or issued to the heir’s account. During this activity, it may become necessary for us to transmit the personal data of the heir to the competent authorities and courts or, in the case of the settlement of the estate, to notaries, lawyers and private persons (to whom, for example, real estate and other property is sold) for this purpose. In addition, we transmit personal data to our legal representatives, in particular to lawyers commissioned by us, for the aforementioned purposes and, if necessary, for the defense and assertion of legal claims.

2.             Participating companies of the Emrich group of companies

In addition, depending on the type and scope of the investigations and necessary activities, other companies in our group of companies may become involved in the course of the investigation of heirs, the probate proceedings and the settlement of estates. We then transmit the necessary personal data to these companies as required and for the specific purpose, or grant the employees working there access to the data stored by us. The possible companies involved are specifically the following:

• Emrich GmbH, Am Marktplatz 7/8, 15806 Zossen, Germany
• Emrich Verwaltungs GmbH, Am Marktplatz 7/8, 15806 Zossen, Germany
• Erben-Ermittlung Emrich Berlin GmbH & Co KG, Wallenroder Str. 1, 13435 Berlin, Germany
• Erben-Ermittlung Emrich GmbH & Co KG, Industriestr. 1, 91325 Adelsdorf, Germany and
• Erben-Ermittlung Emrich Zossen GmbH & Co KG, Am Marktplatz 7/8, 15806 Zossen, Germany.

Outside Germany, we use Przodek i Prawo Sp. Z o.o. from Poland and Emrich International Probate Research Inc. If Emrich International Probate Research Inc. is involved, data may be transferred to the USA and processed there. In order to nevertheless establish an appropriate level of data protection during processing, we have concluded suitable guarantees in the form of EU standard contractual clauses with Emrich International Probate Research Inc.   

3.             Legal basis for the data processing

Before the conclusion of the contract with the heir, the legal basis for the processing of the data is Art. 6 (1) lit b GDPR and Art. 6 (1) lit f GDPR. After conclusion of the contract, the legal basis is Art. 6 (1) lit b GDPR.

4.             Purpose of the data processing

The purposes of the processing and at the same time our legitimate interests in the processing are the identification of heirs, the initiation of the contractual relationship with the heir and subsequently, in the event of the conclusion of a contract, the fulfilment of the obligations arising from the contract, in particular the identification, documentation and official determination of the status of the heir as well as the settlement of the estate.

5.             Duration of the data storage

In the event of the conclusion of a contract with the heir, the data will be processed for the duration of the contractual relationship and until the conclusion and complete fulfilment of the contract. Thereafter, we retain the data for the duration of the regular limitation period of 3 years from the end of the year in which we provided the last service.

If no contract is concluded, we retain the information for as long as it may be required for the further processing of the inheritance case (e.g. for other heirs) and then delete it.

6.             Possibility of objection and removal

Insofar as we base the processing on our legitimate interest, the user has a right to object under the legal requirements of Art. 21 GDPR. You can find more information on this in the section on the rights of the data subject.

V.           Legal storage obligations

1.             Description and scope of data processing

We are subject to statutory storage obligations for certain documents, which we must comply with. These documents may also contain personal data, e.g. in the case of contracts, invoices or business letters. The storage obligations result from § 257 German Commercial Code (HGB) and § 147 German Fiscal Code (AO). Documents that must be kept are:

• Books and records, inventories, annual financial statements, individual financial statements pursuant to section 325 (2a) HGB, consolidated financial statements, management reports, group management reports, the opening balance sheet as well as the operating instructions and other organisational documents required for their understanding, accounting documents, documents pursuant to Article 15 (1) and Article 163 of the Union Customs Code.

 

• Commercial or business letters received, copies of commercial or business letters sent, other documents insofar as they are of significance for taxation.

2.             Legal basis for data processing

The legal basis for this processing is Art. 6 para. 1 lit. c GDPR in conjunction with the law which stipulates that we must retain the documents.

3.             Purpose of the data processing

The purpose of the processing is to fulfil the retention obligation.

4.             Duration of storage

In detail, the following documents are to be retained by us for the aforementioned period:

• For 10 years: books and records, inventories, annual financial statements, individual financial statements pursuant to Section 325 (2a) HGB, consolidated financial statements, management reports, group management reports, the opening balance sheet as well as the operating instructions and other organisational documents required for their understanding, accounting documents, documents pursuant to Article 15 (1) and Article 163 of the Union Customs Code.

 

• For 6 years: Commercial or business letters received, copies of commercial or business letters sent, other documents insofar as they are of significance for taxation.

The respective retention period shall begin at the end of the calendar year in which the last entry in the accounts, the inventory, the opening balance sheet, the annual financial statements or the management report, the commercial or business letter received or sent, the accounting record created, the record created or the other documents were created.

VI.        Data subjects’ rights

The General Data Protection Regulation guarantees you certain rights which you can assert against us – insofar as the legal requirements are met.

a)             Art. 15 GDRP – Right of access of the data subject:

You have the right to request confirmation from us as to whether personal data relating to you is being processed and, if so, what that data is and the circumstances in which it is being processed.

b)             Art. 16 GDRP – Right to rectification:

You have the right to demand that we correct any inaccurate personal data relating to you without delay. Taking into account the purposes of the processing, you also have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.

c)              Art. 17 GDRP – Right to erasure:

You have the right to request that we delete personal data relating to you without delay.

d)             Art. 18 GDRP – Right to restriction of processing:

You have the right to request that we restrict processing.

e)             Art. 20 GDRP – Right to data portability:

You have the right, in the case of processing based on consent or for the performance of a contract, to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format and to transfer this data to another controller without hindrance from us or to have the data transferred directly to the other controller, insofar as this is technically feasible.

f)               Art. 21 GDRP – Right to object:

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is necessary for a legitimate interest on our part or for the performance of a task carried out in the public interest, or which is carried out in the exercise of official authority.

You can send your objection, for example, by e-mail to one of the above e-mail addresses.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

g)             Art. 77 GDRP in conjunction with § 19 German Federal Data Protection Act (BDSG) – Right to complain to a supervisory authority:

You have the right to lodge a complaint with a supervisory authority at any time, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes applicable law.

h)             Withdrawal of consent

Insofar as you have given us consent, you have the right to revoke this consent at any time. This can be done by emailing one of the above email addresses. The lawfulness of the processing previously carried out is not affected by this.

VII.      Obligation to provide data

You have no contractual or legal obligation to provide us with personal data. However, without the data you provide, we may not be able to offer you all of our services.

VIII.   Existence of automated decision-making (including profiling)

Within the framework of our websites and services, when processing personal data, you will at no time be subject to automated decision-making that would have legal effect against you or could otherwise affect you.

 

Status: March 2023