Privacy Policy

Valid from 01.07.2023.

Responsible party and your rights as the data subject

1. Responsible Entity

The responsible entity (Controller) for the data processing regulated in this Privacy Policy is EV St. Moritz AG (hereinafter "we" or "us"). Our contact details are:

EV St. Moritz AG

Via Maistra 39, CH-7500 St. Moritz

stmoritz@engelvoelkers.com

Licence Partner of Engel & Völkers Wohnen Schweiz AG, Zug

2. Data Protection Officer

If you have any questions about this Privacy Policy and data protection in general, please contact our data protection officer(s):

Name: Maximilian Stamm

E-mail Address: stmoritz@engelvoelkers.com

3. Your rights as a data subject

You have the right to information about the processing of your personal data (for example, the origin of this data, the purpose of processing, and the modalities of data processing). Furthermore, under certain conditions, you are entitled to object to the future processing of your data, as well as the right to restrict the use or the deletion of said data. Finally, you may at any time stop the sending of advertising material or the execution of market research or commercial communications.

In summary, you have a right to

- Information,

- Correction,

- Deletion (or request to be forgotten),

- Restriction of processing,

- Data portability,

- Object to the processing of your personal data,

- Complaint to supervisory authorities.

In addition, you have the right, at any time, to object to the processing of your personal data for direct marketing purposes. If you object to the processing for direct marketing purposes, we will no longer process your personal data for these purposes.

According to Art. 7 III of the EU General Data Protection Regulation (hereinafter "GDPR"), you may at any time revoke your initial consent towards us. Once the consent is revoked we will no longer continue to process the data.

Please note that your right to the deletion of your data is subject to certain restrictions. For example, we do not have to or are not allowed to delete data that we are required to retain due to legal retention periods. Data that we need to assert, exercise or defend due to legal claims are also excluded from your right of deletion.

If you have a complaint about the way we process your data, you have the recourse to a supervisory authority, in particular in the member state of your residence, workplace or the place of the alleged breach.

We reserve the right to disclose information about you if we are required to do so by law enforcement bodies or other lawful authorities. Legal basis: Art. 6 I sentence 1 lit. c GDPR (legal obligation).

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Overview of our data processing procedures

Our Privacy Policy is structured as follows and provides you with an overview of the following data processing procedures:

I. You visit our company web presence on the Internet

II. You conclude a search request; or marketing contract with us, request an exposé from us or commission us to carry out a property valuation.

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

IV. You apply at your own initiative or in response to a job advertisement

V. Storage and deletion of your data

I. Collection and processing of personal data when visiting our company web presence on the Internet

We only process personal data if the personal data is sent to us via the contact forms on our company web presence. In this regard, personal data is only processed once explicit consent has been given to us for the processing of your data or if the processing is permitted by legal regulations. For certain services that we offer on our company web presence, we require a minimum amount of data. We have marked mandatory information with an "asterisk". Without the mandatory information, we are unable to provide our services.

1. What data do we process from you (hereinafter referred to as "you" or "user")?

In the context of your usage of our company web presence, we process the following personal data:

The e-mail address, first name, last name, title, address, telephone number and property data provided by you in the case of the services offered on our company web presence for example, in the context of contact enquiries and newsletter mailings, as well as a market price determination (Valuation), hereinafter referred to as "Data" or "Personal Data".

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Please refer to the description of the usage-related data processing in connection with the use of cookies and other tracking technologies in the "Cookie Policy" of:

Engel & Völkers GmbH

Vancouverstraße 2a

D-20457 Hamburg

Germany

E-mail: info@engelvoelkers.com

You will find the Cookie Policy at the bottom of our company web presence.

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2. Purpose of the processing and legal basis thereof

This Privacy Policy is interpreted to meet the requirements of the GDPR, the Swiss Data Protection Act (hereinafter "FDPA") and the revised Swiss Data Protection Act (hereinafter "revFDPA"). 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 FDPA, revFDPA and the GDPR, in each case to the extent that the relevant regulations are applicable. Since the GDPR requires us to list these individually, those legal bases on which we base our processing, insofar as the GDPR applies, are listed below. In the case of processing of personal data according to the FDPA and revFDPA, we rely in each case on the comparable legal bases in these laws.

We process your data for the following purposes:

● Fulfilment of contact requests (legal basis is the fulfilment of the contract, as well in 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, for the purpose of fulfilment of a valuation request of the property as described by the user, as well as the implied interest in the sale of the property as submitted by the valuation request (The legal basis is (a) the fulfilment of the contract as well as, (b) your consent in the event that we need to share your contact data with (i) a suitable licence partner of the Engel & Völkers Group based on expertise or geographical location (for the definition, please see section 3 below)) or (ii) to the company technically implementing the evaluation and (c) the legitimate interest in marketing our services or your consent in the case of the use of your contact data for direct marketing);

● 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 out an e-mail newsletter containing our offers as well as self and third-party advertising to the extent permitted by law or based on the consent given (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 DSGVO if the basis of the processing is a contractual (or possibly pre-contractual) relationship and Art. 6 I sentence 1 lit. f GDPR if the basis is our legitimate interest. If the processing of personal data is necessary for the fulfilment of 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 revoke your consent at any time without affecting the lawfulness of the processing of your personal data carried out based on the consent until revocation. If the legal basis is the legitimate interest, you are also generally entitled to object to the processing of personal data relating to you at any time for reasons arising from your particular situation. In this respect, Art. 21 GPR applies.

3. Disclosure of your personal data

We will only pass on your personal data to third parties if this is necessary for the fulfilment of the contract, if the third party or we have a legitimate interest in the transfer, if there is a legal obligation or if you have given your consent. If data is transferred to third parties based on legitimate interest, this will be explained in this Privacy Policy.

If your contact request pertains to offers from other companies of the Engel & Völkers Group, we will transfer the personal data you entered in this case to the respective company from the Engel & Völkers Group with your prior consent or - if legally permissible - based on 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 of companies pursuant to §§ 15ff. AktG (German Stock Corporation Act) as well as the (master) licence partners which are directly or indirectly contractually affiliated to this group of companies and to which we also belong. A current overview of these licence partners can be found here: https://www.engelvoelkers.com/en-de/company/locations/).

4. Transfer of data to non-EEA countries

In addition to the above paragraph "Disclosure of your personal data", the following applies:

Recipients of personal data may be located outside the EEA/UK. Where 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 adequate safeguards (e.g. standard contractual clauses) as agreed by the European Union and the recipient of the data (Art. 46 GDPR) unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree to additional measures with recipients to ensure an adequate level of data protection. Copies of the adequate safeguards (where we rely on them) and a list of recipients outside the EEA/UK are available on request. Please note that these copies may be redacted to the necessary extent 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 to carry out a property valuation.

1. Which of your data do we process?

When searching for, selling or renting a property, requesting an exposé or evaluating a property, we regularly process the following of your personal data:

● First name, surname, title, address, telephone number, and in the case of a property search the details of the desired property or in the case of property marketing or property valuation the details of the valuated property;

● E-mail address - provided that you have agreed to receive promotional information, in particular the offer or valuation of properties, or wish to receive communication by e-mail;

● In case of purchase/sale or rental of real estate, the bank details, identity details, copy of ID (in case of purchase/sale of real estate) as well as land register, electricity, oil and/or gas bills, general itemised bills, declarations of partition, WEG minutes (resolutions) and/or purchase contract (in case of sale of real estate) or in case of rental of real estate the bank details, identity details, CV if applicable, proof of salary, proof of creditworthiness, landlord's confirmation and/or tenancy agreement.

2. Purpose of the processing and legal basis

We process 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 credibility assessment (legal basis is Art. 6 I lit b. GDPR as well as Art. 6 I lit. f GDPR; the legitimate interest of us in connection with the transfer of data to independent real estate consultants derives from the freedom of choice to also fulfil contractual relationships with independent brokers or sub-brokers. The legitimate interest in carrying out credit checks follows from the legitimate interest in protecting against a loss of receivables);

● Fulfilment of a legal obligation, in particular in connection with anti-money laundering law (legal basis is Art. 6 I lit. c GDPR);

● Promotional information about properties that we or other licence partners of the Engel & Völkers Group market (legal basis is Art. 6 I lit. f GDPR; we have a legitimate interest in processing personal data for direct advertising. The legal basis is also your consent according to Art. 6 I a. GDPR, if the promotional information is sent to you by email, fax or telephone).

If the legal basis is your consent, you are entitled to revoke your consent at any time without affecting the lawfulness of the processing carried out based on the consent until revocation. If the legal basis is the 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.

3. Disclosure of your personal data

If your enquiry (e.g. on the occasion of an evaluation enquiry) concerns offers from other licence partners of the Engel & Völkers Group, we will transmit the personal data you have entered to the respective company of the Engel & Völkers Group following your prior consent.

For more information, please see information regarding referrals in section III.

Furthermore, we pass on your data to contractual partners (owners, landlords, search clients) and supporting service providers such as notaries, lawyers, property managers, and property developers as part of the processing of a contractual relationship, as well as in the context of credibility reports or to supervisory authorities (such as for money laundering documentation). We may also transfer your data to third parties to the extent permitted by law. Third parties to whom we may disclose your personal data, irrespective of our performance, include external advisors (e.g. lawyers and auditors), public authorities within their jurisdiction to comply with legal obligations and/or to protect our rights (e.g. tax authorities, police, public prosecutors, courts), potential purchasers or acquirers of all or part of our assets and/or activities, and other third parties where you instruct us to disclose data or give your consent to do so.

Other than that, we will only share your personal data with staff (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 involving processing operations under a commissioned processing agreement.

4. Transfer of data to non-EEA countries

In addition to the above paragraph "Disclosure of your personal data", the following applies:

Recipients of personal data may be located outside the EEA/UK. Where 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 adequate safeguards (e.g. standard contractual clauses) as agreed by the European Union and the recipient of the data (Art. 46 GDPR) unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree to additional measures with recipients to ensure an adequate level of data protection. Copies of the adequate safeguards, where we rely on them, and a list of recipients outside the EEA/UK are available on request. Please note that these copies may be redacted to the necessary extent to protect trade secrets or other confidential information.

If your enquiry relates to licence partners of the Engel & Völkers Group outside the European Union, we will transfer your data to the locally / matter-related licence partner following your consent.

III. We search for a property for you together with another Engel & Völkers licensed partner (Referral).

If we search for a property for you together with another licence partner, your data will only be transmitted based on 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 are supplied process your personal data. Both, we and this licence partner, are independently responsible for the respective data processing. This other licence partner and we 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 above information on 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 should you wish to assert data subject rights.

IV. You apply on your own initiative or in response to a job advertisement

1. Which of your data do we process?

If you apply to us via our web presence or a job advertisement, we process your name as well as your address, telecommunication and application data. The provision of your address and telecommunication data, which is stipulated as mandatory information, is necessary to contact you about your application and to be able to allocate the application.

2. Purpose of the processing and legal basis

We process your personal data for the following purposes:

● Checking the application for an employment relationship within our company (legal basis is Art. 6 I lit. GDPR, if applicable, in conjunction with. § 26 BDSG (for the scope of application of the Federal Republic of Germany)).

● Defence against any legal claims asserted against us from the application process, if this is necessary (the legal basis for this is our legitimate interest in meeting our obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG); Art. 6 I lit. f GDPR).

● Furthermore, we process your personal data based on previously given consent in order to inform you about potential job offers (legal basis is Art. 6 I lit. a GDPR).

If the legal basis is your consent, you are entitled to revoke your consent at any time without affecting the lawfulness of the processing carried out based on the consent until revocation. If the legal basis is the legitimate interest, you are also generally entitled to object to the processing of personal data relating to you at any time for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.

We need your personal data to fulfil the processing purposes listed above. You are free to not disclose any personal data to us. In this case, you will be unable to participate in the application process for job vacancies.

3. Disclosure of your data

We will only disclose your personal data 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 based on legitimate interest, this will be explained in this Privacy

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. How Engel & Völkers Holding GmbH processes your personal data as outlined during the application process and can be found at any time via the global online job portal on the relevant 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:

Recipients of personal data may be located outside the EEA/UK. Where 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 adequate safeguards (e.g. standard contractual clauses) as agreed by the European Union and the recipient of the data (Art. 46 GDPR) unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree to additional measures with recipients to ensure an adequate level of data protection. Copies of the adequate safeguards (where we rely on them) and a list of recipients outside the EEA/UK are available on request. Please note that these copies may be redacted to the necessary extent to protect trade secrets or other confidential information.

5. Storage and deletion of your data

We retain your personal data for the time necessary to achieve the purposes for which data is collected, including any retention period required by law (e.g. retention of accounting records).

In the context of application procedures that end without employment, your data is stored for six months for the purpose of documentation and then deleted or destroyed, this includes any additional documents provided to us in relation to the application process.

In the event that you provide us with express consent to retain your data for future applications, we will retain the relevant data for a longer period of time.

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

Please complete if appointed