Data protection: EuV Potsdam Immobilien GmbH | Fischer Immobilien GmbH
Valid from 01.02.2023
Controller and your rights as a data subject *
( *Gender note: For reasons of better readability, the simultaneous use of the language forms male, female and diverse (m/f/d) is dispensed with in the following. All of the following personal designations apply equally to all genders. )
Controller
The controller for the data processing regulated in this data protection notice is in accordance with Art. 4 (7) of the EU General Data Protection Regulation (GDPR) (hereinafter "we" or "us")
Our contact details are as follows: EuV Potsdam Immobilien GmbH Licence partner of Engel & Völkers Residential GmbH Hamburg Seestraße 11 A D-14467 Potsdam Phone: +49-331 - 27 91 00 Fax: +49-331 - 27 91 011 E-mail: [email protected]
1. data protection officer
If you have any questions about this privacy policy and data protection, please contact our data protection officer:
Mrs Stefanie Schneider Engel & Völkers Berlin Mitte GmbH, Licence partner of Engel & Völkers Residential GmbH Hamburg Lennéstrasse 3 D-10785 Berlin Phone: +49-30 - 20 37 81 27 Fax: +49-30 - 20 37 82 00 E-mail: [email protected]
If you have a complaint about the way in which we process your data, you have the option of lodging a complaint with the supervisory authority.
State Commissioner for Data Protection and the Right of Access to Files Brandenburg Stahnsdorfer Damm 77 1532 Kleinmachnow Telephone: 033203 3560 Fax: 033203/356-49 E-mail: [email protected]
2. your rights as a data subject
You have a right to information about the processing of your personal data (e.g. the origin of this data, the purpose of processing, the modalities of data processing). Furthermore, under certain conditions, you are entitled to object to data processing for the future, to restrict it or to request the deletion of the data. Finally, you can stop the sending of advertising material or the carrying out of market research or commercial communications at any time.
In summary, you have the right to
Access,
rectification,
erasure (or to be forgotten),
restriction of processing,
data portability,
objection to the processing of your personal data,
lodge a complaint with the supervisory authorities.
In addition, you have the right to object to the processing of your personal data for direct marketing purposes at any time. If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.
In accordance with Art. 7 III of the EU General Data Protection Regulation (hereinafter "GDPR"), you can revoke your consent to us at any time. As a result, we may no longer continue the data processing based on this consent in the future.
Please note that your right to erasure is subject to restrictions. For example, we are not obliged or permitted to erase any data that we are still required to retain due to statutory retention periods. Data that we require for the assertion, exercise or defence of legal claims is also excluded from your right to erasure.
If you have a complaint about the way in which we process your data, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
In the event of a legal obligation, we reserve the right to disclose information about you if we are required to do so by lawful authorities or law enforcement agencies. Legal basis: Art. 6 I sentence 1 lit. c GDPR (legal obligation).
Overview of our data processing processes
Our following data protection information is then structured as follows and gives you an overview of the following data processing processes:
You visit us on our company website on the Internet
You conclude a search or marketing contract with us, request an exposé from us or commission us with a property valuation
We search for a property for you together with another Engel & Völkers licence partner (referral)
You send us an unsolicited application or respond to a job advert
Storage and deletion of your data
I. Collection and processing of personal data when you visit our company website on the Internet
We only process personal data if you send it to us via the contact forms on our company website. Personal data is only processed if you have given us your consent to do so or if the processing is permitted by law. For certain services that we offer on our company website, we require a minimum amount of data. We have marked this mandatory information with an "asterisk". Without the mandatory information, we cannot provide the services labelled as such.
1. what data we process from you (hereinafter referred to as "you" or "user")
When using the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):
IP address
Date and time of the enquiry
Time zone difference to Greenwich Mean Time (GMT)
Content of the request (specific page)
Access status/HTTP status code
Amount of data transferred in each case
Website from which the request originates
browser
Operating system and its interface
Language and version of the browser software.
If you use our company website for more than just informational purposes, we process personal data, namely
Email address, first name, surname, title, address, telephone number, property data - referred to as "data" or "personal data" in the context of this privacy policy) provided by you in the case of the services offered on our company website (e.g. in the context of contact enquiries and newsletter mailings as well as the market price determination ("valuation") of properties).
In addition to the purely informational or other use of our website, we offer various services that you can use if you are interested. To do so, you must generally provide additional personal data that we use to provide the respective service and to which the aforementioned data processing principles apply.
We process personal data that we receive from interested parties and/or our customers or their representatives/authorised representatives or employees as part of the business initiation phase and/or as part of our business relationship. We also process personal data when you visit our websites (including social media, such as Facebook, Instagram, etc.). This means that we collect your personal data in particular when you contact us, are interested in our products, register on our websites, contact us by email, telephone or via a contact form or use our products and services as part of existing business relationships.
In addition, we process - to the extent necessary for the provision of our services - personal data that we have received from other companies of the Engel & Völkers Group or from other third parties in a permissible manner (e.g. for the execution of orders, for the fulfilment of contracts or on the basis of consent given by you). In addition, if this is necessary for our services, we process some personal data that we have legitimately obtained from publicly accessible sources (e.g. debtor directories, commercial and association registers, press, media, Internet) and are authorised to process.
Relevant personal data may be
Personal identification details e.g. first and last name, title, position/function, date of birth, private and business address, private and business telephone number/mobile number, private and business e-mail address, fax number,
Order and contract data, e.g. details of your product or contractual interests (details of properties sought or offered) and property documents, property data, data from the fulfilment of our contractual obligations, copies of correspondence/communication content
Data about your financial situation, e.g. creditworthiness information, payment behaviour, entries with credit agencies, payment arrears, information about income, information about your interests and wishes that you communicate to us, e.g. information about participation in direct marketing measures.
As well as any other data comparable with these categories.
Newsletter
With your consent, you can subscribe to our newsletter, with which we inform you about our current interesting offers. The advertised goods and services are named in the declaration of consent. We use the so-called double opt-in procedure to subscribe to our newsletter. This means that after you have registered, we will send you an e-mail to the e-mail address you have provided in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration, your information will be blocked and automatically deleted after one month. In addition, we store the IP addresses used and the times of registration and confirmation. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data. The only mandatory information for sending the newsletter is your e-mail address and your name. After your confirmation, we will save your e-mail address and your name for the purpose of sending you the newsletter. The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR.
You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare your cancellation by clicking on the link provided in every newsletter e-mail, by e-mail to: [email protected] or by sending a message to the contact details given in the imprint.
We would like to point out that we evaluate your user behaviour when sending the newsletter. For this analysis, the emails sent contain so-called web beacons or tracking pixels, which are one-pixel image files stored on our website. For the analyses, we link the data mentioned under point 4 and the web beacons with your email address and an individual ID. Links received in the newsletter also contain this ID. We use the data obtained in this way to create a user profile in order to tailor the newsletter to your individual interests. We record when you read our newsletters, which links you click on in them and deduce your personal interests from this. We link this data to the actions you take on our website.
You can object to this tracking at any time by clicking on the separate link provided in each e-mail or by informing us by e-mail to [email protected].
The information will be stored for as long as you are subscribed to the newsletter. After unsubscribing, we store the data purely statistically and anonymously. Such tracking is not possible if you have deactivated the display of images in your e-mail programme by default. In this case, the newsletter will not be displayed in full and you may not be able to use all the functions. If you display the images manually, the above-mentioned tracking will take place.
Use of cookies
Use of cookies on the website Engel & Völkers uses so-called cookies to improve your browsing experience on the website. Cookies are small text files, usually consisting of letters and numbers, which are stored by the user's web browser on their PC and contain pseudo-anonymised data. Cookies allow a website to recognise the user's computer in order to track the browsing of multiple pages on a website and to identify users who return to a website. There are cookies for technical, analytical and profiling purposes.
The website uses the following technical cookies:
To save the language selection _icl_visitor_lang_js, _icl_current_language, evlocale.
To save the selection of units of measurement engelundvoelkersconfig
To save the last search queries LAST_SEARCH.
To save the ID of the watchlist watchlist_id.
To save the test assignment in the context of AB tests user_ab.
To save the assignment to distributed systems for load balancers BIGipServergroup-rz-webfeprod. Engel & Völkers informs users that they can deactivate or remove cookies in their web browser by following the instructions on the links below:
Internet Explorer ((https://support.microsoft.com/en-gb/help/17442/windows-internet-explorerdelete-manage-cookies).
Mozilla Firefox (https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored).
Safari (https://support.apple.com/kb/PH19214?viewlocale=en_US&locale=de_DE). The website also uses analytical cookies set by third-party providers, such as Google (see also provisions on the use of analysis programmes and tracking tools) and Adroll (https://www.adroll.com/de-DE/about) /privacy) and Haufe (https://de.onlinehelp.umantis.com/index.php/Cookies). In detail, these are
a) Google Analytics Engel & Völkers uses the web analytics service Google Analytics from Google Inc ("Google") to analyse the use of the websites. The information generated from cookies about the use of the websites is generally transmitted to a Google server in the USA and stored there. Engel & Völkers uses Google Analytics exclusively with the extension "ga ('set', 'anonymizeIp', true)" to ensure that IP addresses are only processed as a shortened version and to exclude a direct reference to individual persons. Google may transfer data to third parties where required to do so by law, or where such third parties process data on Google's behalf. Google will not disclose the IP address of users in connection with other Google data. Users can prevent the recording and storage of data by Google Analytics at any time by installing a browser plugin released by Google, which can be downloaded from the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
b) Universal Analytics Engel & Völkers uses the Universal Analytics functions provided by Google. With these functions, Engel & Völker can record and analyse socio-demographic data about users with the help of a Google ID (if available) and cookies generated by Google from advertising content (DoubleClick). If a Google ID is available, the data controller will also record this data across all devices (e.g. if users use a smartphone and a PC) in order to analyse visitor flows across all devices. Users can prevent the recording and storage of data by Google at any time by installing a browser plugin published by Google, which can be downloaded at the following link: https://tools.google.com/dlpage/gaoptout?hl=de. This website does not use profiling cookies.
c) Google Remarketing and Retargeting. We use the Google Analytics advertising functions, which enable users who have already visited the website and shown an interest in certain offers to be addressed again by targeted advertising on the pages of Google partner networks. Advertising is displayed through the use of cookies that analyse user behaviour during a visit to the website and send targeted product recommendations and advertising based on the user's areas of interest.
Users can prevent Google Remarketing and deactivate the use of cookies by Google for these purposes by accessing the deactivation page for DoubleClick. Alternatively, users can deactivate the use of cookies by third parties by accessing the deactivation page of the Network Advertising Initiative.
d) Facebook Remarketing and Retargeting
We use remarketing technology for advertising on Facebook. With this technology, users who have already visited the website and are interested in an offer are addressed by targeted advertising on Facebook in the form of displayed adverts. The advertising is realised through the use of cookies by the service provider AdRoll (AdRoll EMEA, Level 6; 1, Burlington Plaza Burlington Road, Dublin 4, Ireland). Users can deactivate targeted advertising via Facebook remarketing technology by deactivating the use of cookies by third parties on the Facebook Advertising Initiative deactivation page at the following link: http://optout.networkadvertising.org/
You can find the cookie information at the bottom of our company page on the Internet.
Links to social media sites
This website contains links to the most important social media network sites (e.g. Facebook and Twitter). To prevent the providers of the respective social media plug-ins from collecting information about users, they can log out of the social media network at the beginning of their visit to the website and delete any cookie that may exist from their browser.) In this respect, it is not a matter of embedding social media plug-ins, but of linking, in which personal data is not transmitted to the social media operators.
Rights of data subjects
You have a right to information about the processing of your personal data (e.g. the origin of this data, the purpose of processing, the modalities of data processing). Furthermore, under certain conditions, you are entitled to object to data processing for the future, to restrict it or to request the deletion of the data. Finally, you can stop the sending of advertising material or the carrying out of market research or commercial communications at any time.
In summary, you have the right to
Access,
rectification,
erasure (or to be forgotten),
restriction of processing,
data portability,
objection to the processing of your personal data,
Complaints to supervisory authorities.
Please note that your right to erasure is subject to restrictions. For example, we are not obliged or permitted to erase data that we are still required to retain due to statutory retention periods. Data that we require for the assertion, exercise or defence of legal claims is also excluded from your right to erasure.
3 Purpose of processing and legal basis
We process your data for the following purposes
Fulfilment of contact requests (the legal basis is the fulfilment of the contract and - in the case of the transfer of user data to other licence partners of the Engel & Völkers Group (for the definition, please see section 3 below) - your consent).
If applicable, fulfilment of the request for a valuation of the property described by the user in accordance with the market price and the sales interest transmitted with it (legal basis is the fulfilment of the contract and, in the case of the entry of contact data by the user and its forwarding to a technically or geographically responsible licence partner of the Engel & Völkers Group (for the definition, please see section 3 below) or to the company technically implementing the valuation, your consent and, in the case of the use of the contact data for direct marketing, the legitimate interest in marketing our own services or your consent);
Contact by telephone by us (legal basis is the fulfilment of the contract or, if the telephone number is used for advertising purposes, your consent);
Sending an e-mail newsletter about our own offers as well as our own and third-party advertising to the extent permitted by law or based on consent (the legal basis is either your consent or our legitimate interest in direct marketing, as long as the marketing is carried out in compliance with data protection and competition law requirements);
In summary:
The legal basis for the processing of personal data is Art. 6 I sentence 1 lit. a GDPR, if the processing is based on consent, Art. 6 I sentence 1 lit. b GDPR, if the basis for the processing is a (possibly pre-contractual) contractual relationship and Art. 6 I sentence 1 lit. f GDPR, if the basis is our legitimate interest. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which we are subject, Art. 6 I sentence 1 lit. c GDPR serves as the legal basis.
If the legal basis is your consent, you are entitled to withdraw your consent at any time without affecting the lawfulness of the processing of your personal data based on consent before its withdrawal. If the legal basis is legitimate interest, you are also entitled to object to the processing of your personal data at any time for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.
4 Disclosure of personal data
Your personal data will only be disclosed by us to third parties if this is necessary for the fulfilment of the contract, if we or the third party have a legitimate interest in the disclosure, if there is a legal obligation or if you have given your consent. If data is transferred to third parties on the basis of a legitimate interest, this will be explained in this privacy policy.
If your contact enquiry concerns offers from other companies in the Engel & Völkers Group, we will transfer the personal data you have entered in this case to the respective company in the Engel & Völkers Group with your prior consent or - if legally permissible - on the basis of a so-called legitimate interest. We will not pass on your personal data beyond this.
When we refer to the "Engel & Völkers Group" in this privacy policy, we mean the companies belonging to the Engel & Völkers Group within the meaning of Sections 15 et seq. AktG and the (master) licence partners directly or indirectly contractually affiliated to this group of companies, to which we also belong. You can find an up-to-date overview of these licence partners here: https://www.engelvoelkers.com/de/unternehmen/standorte/).
5. transfer of data to non-EEA countries
In addition to the above paragraph "Transfer of your personal data", the following applies:
Recipients of personal data may be located outside the EEA/UK. If personal data is transferred to locations outside the EEA/UK, we will, as required by law, ensure that your data protection rights are adequately protected, either because the European Commission has decided that the country to which personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or the transfer is subject to appropriate safeguards (e.g. standard contractual clauses) of the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree additional measures with the recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (to the extent we rely on them) and a list of recipients outside the EEA/UK may be requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.
II. You conclude a search or marketing contract with us, request an exposé from us or commission us with a property valuation
1. what data we process from you
When searching for, selling or letting a property, requesting an exposé or valuing a property, we regularly process the following personal data about you:
First name, surname, title, address, telephone number, details of the property request (in the case of property searches) or (in the case of property marketing or property valuation) details of the property;
e-mail address, if you have agreed to receive advertising information, in particular the offer or valuation of properties, or wish to receive communication by e-mail;
as well as (if it comes to the purchase / sale or rental of real estate) bank details, identity details, copy of identity card (when buying / selling a property) as well as land register, electricity, oil and/or gas bills, general individual cost statements, partition declarations, WEG protocols (resolutions), purchase contract (when selling a property) or (if it comes to renting a property) bank details, identity details, CV if applicable, proof of salary, proof of creditworthiness, landlord confirmation, rental contract.
2 Purpose of processing and legal basis
We process this personal data for the following purposes
Fulfilment of the contractual relationship or a pre-contractual legal relationship - also by independent property consultants cooperating with us - including billing and credit assessment (legal basis is Art. 6 I lit b. GDPR and Art. 6 I lit. f GDPR; our legitimate interest in connection with the transfer of data to independent real estate consultants follows from the freedom of choice to also fulfil contractual relationships with independent brokers or sub-brokers. The legitimate interest in carrying out credit checks arises from the legitimate interest in protecting against bad debts);
Fulfilment of a legal obligation, in particular in connection with the Money Laundering Act; (legal basis is Art. 6 I lit. c GDPR);
Advertising information about properties that we or other licence partners of the Engel & Völkers Group market (legal basis is Art. 6 I lit. f GDPR; the processing of personal data for the purpose of direct advertising is in our legitimate interest. The legal basis is also your consent in accordance with Art. 6 I a. GDPR, if the advertising information is sent to you by email, fax or telephone).
If the legal basis is your consent, you are entitled to withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. If the legal basis is legitimate interest, you are also entitled to object to the processing of your personal data at any time for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.
3. forwarding of data
If your enquiry (e.g. on the occasion of a valuation request) concerns offers from other licence partners of the Engel & Völkers Group, Engel & Völkers will transmit the personal data you have entered in this case to the respective company from the Engel & Völkers Group after your prior consent.
In this context, please also refer to our information on transfer in section III.
Furthermore, we transmit personal data to contractual partners (owners, landlords, search clients) and supporting service providers such as notaries, lawyers, property managers, property developers as well as in the context of credit information or to supervisory authorities (e.g. in the case of money laundering documentation) as part of the processing of a contractual relationship. We may also transfer your data to third parties to the extent permitted by law. Third parties to whom we disclose your personal data, irrespective of our provision of services, include external advisors (e.g. lawyers and auditors), authorities within the scope of their jurisdiction to fulfil legal obligations and/or protect our rights (e.g. tax office, police, public prosecutor's office, courts), potential buyers or acquirers of all or part of our assets and/or activities and other third parties, insofar as you instruct us to disclose data or give your consent.
In addition, your personal data will only be passed on by us to employees (permanent staff such as employees and freelance property consultants) and third-party companies (e.g. IT service providers, hosting providers, etc.) to whom we have outsourced services with processing operations as part of order processing.
4. transfer of data to non-EEA countries
In addition to the above paragraph "Transfer of your personal data", the following applies:
Recipients of personal data may be located outside the EEA/UK. If personal data is transferred to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has decided that the country to which personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or the transfer is subject to appropriate safeguards (e.g. standard contractual clauses) of the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree additional measures with the recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (to the extent we rely on them) and a list of recipients outside the EEA/UK may be requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.
If your request relates to licence partners of the Engel & Völkers Group outside the European Union, we will transfer your data to the locally / factually responsible licence partner with your consent.
III. We search for a property for you together with another Engel & Völkers licence partner ("referral")
If we search for a property for you together with another licence partner, your data will only be transmitted on the basis of your prior consent. Please note that both we as your initial contact and the licence partner of the Engel & Völkers Group to whom your data is forwarded will process your personal data. Both - we and this licence partner - are independently responsible for the respective data processing. We and this other licence partner do not have access to each other's data and do not process your data jointly. If you wish to assert data subject rights, please check in advance whether you wish to assert them against us or against the other licence partner of the Engel & Völkers Group who also processes your data.
Please refer to the information above to find out how we process your data in connection with the marketing of your property, what rights you have in this context and who your contact persons are if you wish to assert your rights as a data subject.
IV You submit an unsolicited application or respond to a job advert
1. what data we process from you
If you apply to us via our website or via a job advert, we will process your name and your address, telecommunications and application data. The provision of your address and telecommunication data, which are mandatory, is necessary in order to contact you about your application and to be able to allocate the application.
2 Purpose of processing and legal basis
We process your personal data for the following purposes:
Examination of the application for an employment relationship within our company (legal basis is Art. 6 I lit. b GDPR possibly in conjunction with. § Section 26 BDSG (for the area of application of the Federal Republic of Germany)).
Defence against any legal claims asserted against us in the application process, if necessary (the legal basis for this is our legitimate interest in meeting our burden of proof in proceedings under the General Equal Treatment Act (AGG); Art. 6 I lit. f GDPR).
Furthermore, we process your personal data on the basis of your previously given consent in order to inform you about interesting job offers (legal basis is Art. 6 I lit. a GDPR).
If the legal basis is your consent, you are entitled to withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. If the legal basis is legitimate interest, you are also generally entitled to object to the processing of your personal data at any time for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.
We need your personal data in order to fulfil the processing purposes listed above. You are free not to provide us with any personal data. In this case, we will not be able to enable you to participate in the application process for vacancies.
3 Disclosure of data
We will only pass on your personal data to third parties if this is necessary to fulfil the contract, if we or the third party have a legitimate interest in passing on the data, if there is a legal obligation to do so or if you have given your consent. If data is transferred to third parties on the basis of a legitimate interest, this is explained in these data protection provisions.
If you have applied via the global online job portal of Engel & Völkers Holding GmbH, your application documents have been transmitted to us by Engel & Völkers Holding GmbH. You have learnt how Engel & Völkers Holding GmbH processes your personal data as part of the application process and you can read about this at any time via the global online job portal on the corresponding Engel & Völkers Holding GmbH website.
4. transfer of data to non-EEA countries
In addition to the above paragraph "Transfer of your personal data", the following applies:
Recipients of personal data may be located outside the EEA/UK. If personal data is transferred to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has decided that the country to which personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or the transfer is subject to appropriate safeguards (e.g. standard contractual clauses) of the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree additional measures with the recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (to the extent we rely on them) and a list of recipients outside the EEA/UK may be requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.
5 Storage and deletion of your data
Your data will be collected and further processed, including any retention period required by applicable law (e.g. retention of accounting records).
In the context of application procedures that end without employment, your data is regularly stored for six months for documentation purposes and then deleted or destroyed, as are the documents sent to us. With your consent to the processing of the data for future application procedures, we will also store it for a correspondingly longer period.