https://www.engelvoelkers.com/de-de/solingen/datenschutz

Data protection information

Valid from August 15, 2022.

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 Bergemann & von den Steinen Immobilien GmbH & Co. KG (hereinafter referred to as “we” or “us”). Our contact details are as follows:

Bergemann & von den Steinen Immobilien GmbH & Co. KG

Kölner Street 65a

42651 Solingen

solingen@engelvoelkers.com

License partner of Engel & Völkers Residential GmbH

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,

- Complaint to 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 defense 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

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

IV. you apply on 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 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 marked 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 privacy policy) provided by you in the case of the services offered on our company website (e.g. in the context of contact requests and newsletter mailings as well as the market price determination (“valuation”) of real estate).

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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.

__________________________________________________________________________________________

2 Purpose of processing and legal basis

We process your data for the following purposes

● Fulfillment of contact requests (legal basis is the fulfillment of the contract and - in the case of the transfer of user data to other license partners of the Engel & Völkers Group (for the definition, please see section 3 below) your consent).

If applicable, fulfillment 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 fulfillment of the contract and, in the case of the entry of contact data by the user and its transfer to a factually or geographically responsible license 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 fulfillment 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);

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 fulfill 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.

3. disclosure of your personal data

Your personal data will only be passed on to third parties by us if this is necessary for the fulfillment of the contract, if we or the third party 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 on the basis of a legitimate interest, this will be explained in this privacy policy.

If your contact request 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) license partners directly or indirectly contractually affiliated to this group of companies, to which we also belong. A current overview of these license partners can be found 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, 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 enter into a search or marketing contract with us, request an exposé from us or

   commission us with a real estate appraisal

 

1. what data we process from you

When searching for, selling or letting a property, requesting an exposé or valuing a property, the following personal data is regularly processed by you

● First name, surname, title, address, telephone number, details of the property request (in the case of a property search) or (in the case of property marketing or property valuation) details of the property;

● e-mail address, if you have agreed to receive promotional information, in particular the offer or valuation of properties, or if you wish to receive communication 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 protocols ( 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

● Fulfillment 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 fulfill 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);

● Fulfillment 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 real estate that we or other license 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 inquiry (e.g. on the occasion of an evaluation request) concerns offers from other license 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) in the context of processing 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 consultants (e.g. lawyers and auditors), authorities within the scope of their jurisdiction to comply with legal obligations and/or to 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 real estate 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 license partners of the Engel & Völkers Group outside the European Union, we will transfer your data to the locally / factually responsible license partner with your consent.

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

If we search for a property for you together with another license 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 license partner of the Engel & Völkers Group to whom your data is forwarded will process your personal data. Both - we and this license partner - are independently responsible for the respective data processing. We and this other license 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 license 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 advertisement

1. what data we process from you

If you apply to us via our website or via a job advertisement, we process your name as well as your address, telecommunications and application data. It is necessary to provide your address and telecommunications data, which are mandatory, in order to contact you about your application and to be able to assign the application to you.

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)).

● Defense 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 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 be able to fulfill 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. forwarding of data

Your personal data will only be passed on to third parties if this is necessary for the fulfillment of the contract, if we or the third party 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 on the basis of a legitimate interest, this will be 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 learned 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

We store your personal data for the time necessary to achieve 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.