Our Privacy Policy | Engel & Völkers Flims

Engel & Völkers Flims

Privacy Policy

Data protection information

Valid from 01.07.2023.

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. )

1. controller

The controller for the data processing regulated in this data protection notice is ‘Mountain Living Immobilien GmbH’ (hereinafter referred to as ‘we’ or ‘us’). Our contact details are as follows:

Engel & Völkers Flims / Laax, Mountain Living Immobilien GmbH

Promenada 24c, CH - 7018 Flims Waldhaus

flims@engelvoelkers.com

Licence partner of Engel & Völkers Wohnen Schweiz AG

2. data protection officer[1]

If you have any questions about this privacy policy and data protection, please contact our data protection officer:

Eva Bandli-Rüsges

Eva.bandli-ruesges@engelvoelkers.com

3. 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

- information,

- 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).

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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:

I. You visit us on our company website on the Internet

II. you conclude a search or marketing contract with us, request an exposé from us or commission us with a property valuation [2]

III. we search for a property for you together with another Engel & Völkers licence partner (referral)

IV. you apply on your own initiative or in response to a job advert

V. Storage and deletion of your data

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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 will only be 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 ‘you’ or ‘user’)

As part of your use of our company website, we process personal data, namely

E-mail address, first name, surname, title, address, telephone number, property data - referred to as ‘data’ or ‘personal data’ in the context of this data protection declaration, which are 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).

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For a description of usage-related data processing in connection with the use of cookies and other tracking technologies, please refer to the ‘Cookie Notice’ of

Engel & Völkers GmbH

Vancouverstrasse 2a

D-20457 Hamburg

Hamburg, Germany

E-mail: info@engelvoelkers.com

You will find the cookie information at the bottom of our company page on the Internet.

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2 Purpose of processing and legal basis

This privacy policy is based on the requirements of the GDPR, the Swiss Data Protection Act (hereinafter ‘DPA’) and the revised Swiss Data Protection Act (hereinafter ‘revDPA’). However, whether and to what extent these laws are applicable depends on the individual case. We process personal data in accordance with the provisions of the GDPR, the DPA and the revDPA, insofar as the relevant regulations are applicable. As the GDPR requires us to list these individually, the legal bases on which we base our processing, insofar as the GDPR applies, are listed below. When processing personal data in accordance with the FADP and revFADP, we rely on the comparable legal bases in these laws.

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 corresponding to 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 factually 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, in the case of the use of the telephone number 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 in principle 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 Disclosure of your 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 is explained in this privacy policy.

If your contact enquiry concerns offers from other companies in the Engel & Völkers Group, we will transmit 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/).

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 can be requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.

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II. you conclude a search or marketing contract with us, request an exposé from us or commission us with a property valuation [3]

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 communicate by e-mail;

● as well as (if it comes to the purchase / sale or rental of real estate) bank details, details of identity, 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 minutes ( resolutions, purchase contract (when selling a property) or (if it comes to renting a property) bank details, details of identity, possibly CV, 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 real estate 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 generally entitled to object to the processing of your personal data at any time on grounds relating to 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 service provision, 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 employees 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:

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.

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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.

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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, 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, if applicable 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 from the application procedure, if necessary (the legal basis for this is our legitimate interest in complying with our duty 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 a 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 require 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 ‘Disclosure of your personal data’, the following applies:

5 Storage and deletion of your data

We store your personal data for the time necessary to fulfil the purposes for which data is 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 a further 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.

If no data protection officer has been appointed, please delete and adjust the numbering accordingly.

Alternative heading for commercial licence partners:

‘You instruct us to search for or sell a property.’

Alternative heading for Commercial Licence Partners:

‘You instruct us to search for or sell a property.’