Our Privacy Policy | Engel & Völkers Düren

Engel & Völkers Düren

Privacy Policy

Privacy policy

Effective 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) will be avoided in the following. All subsequent personal designations apply equally to all genders.)

1. Controller

The responsible body for the data processing regulated in this data protection notice is EV Faßbender Immobilien GmbH (hereinafter referred to as "we" or "us"). Our contact details are:

EV Faßbender Immobilien GmbH

Rathausstraße 1, 53879 Euskirchen

euskirchen@engelvoelkers.com

Licence partner of E&V Immobilien Residential GmbH

2. Data protection officer

If you have any questions about this Privacy Notice and data protection, please contact our Data Protection Officer(s):

Sven Johns, Attorney at Law

Johns Datenschutz GmbH

An der Kolonnade 11

10117 Berlin

office@datenschutz.real estate

3. Your rights as a data subject

You have the right to information about the processing of your personal data (e.g. the origin of this data, the purpose of processing, the methods of data processing). Furthermore, under certain conditions, you are entitled to object to data processing for the future, to restrict it or to demand the deletion of the data. Finally, they may at any time prevent the sending of advertising material or the carrying out of market research or commercial communications.

In summary, you have a right to

-Information

-Correction

- Deletion (or to be forgotten),

- Restriction of processing,

- Data portability,

- Object to the processing of their personal data,

- Complaint to supervisory authorities.

In addition, you have the right to object at any time to the processing of your personal data for direct marketing purposes. 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 referred to as "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 for the future.

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

If you have a complaint about the way we process your data, you have the opportunity to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, your place of work or the 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 disclose it 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. Together with another Engel & Völkers licence partner, we will look for a property for you (feeding)

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

As a matter of principle, we only process personal data if you transmit it to us via the contact forms on our company website. The processing of personal data is only carried out if you have given us your consent for this or if the processing is permitted by statutory provisions. 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 our services marked in this way.

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

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

e-mail address, first name, last name, title, address, telephone number, property data – referred to as "data" or "personal data" in connection with 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).

__________________________________________________________________________________________

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

Engel & Völkers GmbH

Vancouverstraße 2a

D-20457 Hamburg

Germany

Email: info@engelvoelkers.com

You can find the cookie notice in the lower part of our company page on the Internet.

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2. Purpose of the 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 disclosure 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 an appraisal of the property described by the user in accordance with the market price as well as the sales interest transmitted with it (the legal basis is the fulfilment of the contract and, in the case of the user entering contact details and passing them on to a licence partner of the Engel & Völkers Group with factual or geographical responsibility (for the definition, please see section 3 below) or to the licence partner of the Engel & Völkers Group who is technically responsible for the valuation. your consent and, in the case of the use of contact details for direct marketing, the legitimate interest in marketing our own services or your consent);

- Contacting us by telephone (the legal basis is the performance 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 your own offers as well as self-promotion 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 comply with 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 on the basis of your consent before its withdrawal. If the legal basis is legitimate interest, you are also entitled in principle to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.

3. Disclosure of your personal data

As a matter of principle, we will only pass on your personal data to third parties if this is necessary for the performance of the contract, if we or the third party have a legitimate interest in passing on it, if there is a legal obligation or if you have given your consent to do so. If data is transmitted to third parties on the basis of a legitimate interest, this is explained in this data protection policy.

If your contact request relates to offers from other companies of the Engel & Völkers Group, we will transmit the personal data you enter in this case to the respective company from the Engel & Völkers Group after your prior consent or – if legally permissible – on the basis of a so-called legitimate interest. In addition, your personal data will not be passed on by us.

When we talk about the "Engel & Völkers Group" within this privacy policy, we mean the companies belonging to the Engel & Völkers Group within the meaning of §§ 15 et seq. of the German Stock Corporation Act (AktG) as well as the (master) licence partners contractually affiliated directly or indirectly with this group of companies, to which we also belong. You can find an up-to-date overview of these license partners here: https://www.engelvoelkers.com/de/unternehmen/standorte/).

4. Transfer of data to non-EEA countries

In addition to the "Sharing of your personal information" paragraph above:

The 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 ruled 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). In addition, we intend to agree on additional measures with the recipients, where necessary, to ensure an adequate level of data protection. Copies of the adequate 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 do we process about you?

When searching, selling or renting a property, requesting an exposé and appraising a property, the following personal data of yours is regularly processed:

- First name, surname, title, address, telephone number, information about the real estate desired (in the case of real estate search) or (in the case of real estate marketing or real estate valuation) information about the real estate;

- E-mail address, if you have agreed to receive advertising information, in particular the offer or valuation of real estate, 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, information on identity, copy of identity (in the case of buying / selling a property) as well as land register, electricity, oil and/or gas bills, general individual cost statements, declarations of division, condominium protocols ( -resolutions, purchase contract (in the case of the sale of a property) or (if it comes to renting a property) bank details, information on identity, if applicable, curriculum vitae, proof of salary, Proof of creditworthiness, landlord confirmation, rental agreement.

2. Purpose of the 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 check (the legal basis is Art. 6 I lit. b. GDPR and Art. 6 I lit. f GDPR; our legitimate interest in connection with the disclosure of data to independent real estate consultants follows from the freedom of choice to fulfil contractual relationships with independent real estate agents or sub-brokers. The legitimate interest in carrying out credit checks follows from the legitimate interest in protecting against bad debts.);

- Fulfilment of a legal obligation, in particular in connection with the Money Laundering Act; (The legal basis is Art. 6 I lit. c GDPR);

- Advertising information about real estate that we or other licence partners of the Engel & Völkers Group market (legal basis is Art. 6 I lit. f GDPR; our legitimate interest results from the processing of personal data for the purpose of direct advertising. The legal basis is also your consent in accordance with Art. 6 I a. GDPR, provided that the advertising information is transmitted 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 the processing carried out on the basis of your consent before its withdrawal. If the legal basis is legitimate interest, you are also entitled in principle to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.

3. Disclosure of data

If your enquiry (e.g. on the occasion of an evaluation request) relates to 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 Engel & Völkers Group company with your prior consent.

In this context, please also inform yourself about our information on the supply in Section III.

Furthermore, in the context of the processing of a contractual relationship, we transmit personal data to contractual partners (owners, landlords, search customers) and supporting service providers such as notaries, lawyers, property managers, property developers, as well as in the context of credit reports or to supervisory authorities (such as money laundering documentation). We may also transmit your data to third parties within the scope of what is legally permissible. Third parties with whom we share your personal data, regardless of how we provide our services, include external consultants (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 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 pass on data or give your consent.

In addition, your personal data will only be shared by us with 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 within the framework of order processing.

4. Transfer of data to non-EEA countries

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

If your enquiry relates to licence partners of the Engel & Völkers Group outside the European Union, we will transmit your data to the locally / factually responsible licence partner after your consent.

III. Together with another Engel & Völkers licence partner, we will look for a property for you ("allocation")

If we are looking 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 first 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 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 together. If you would like to assert your rights as a data subject, please check in advance whether you would like to assert them against us or against the other licence partner of the Engel & Völkers Group who also processes your data.

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 rights as a data subject, please refer to the above statements.

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

1 . What data do we process about you

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

2. Purpose of the processing and legal basis

We process your personal data for the following purposes:

- Review of the application for an employment relationship within our company (legal basis is Art. 6 I lit. b GDPR in conjunction with § 26 BDSG (for the area of application of the Federal Republic of Germany)).

- Defense against possible legal claims asserted against us from the application process, insofar as this is necessary (the legal basis for this is our legitimate interest in fulfilling its 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 a previously given consent in order to inform you about interesting job offers (legal basis is Art. 6 I lit. a GDPR).

We need your personal data to be able 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

If you have applied via the global online job portal of Engel & Völkers Holding GmbH, your application documents have been sent to us by Engel & Völkers Holding GmbH. You learned how Engel & Völkers Holding GmbH processes your personal data during the application process and you can read about it 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 "Disclosure of your personal data" paragraph above:

5. Storage and deletion of your data

We will retain your personal data for the time necessary to obtain the purposes for which data is collected and further processed, including any retention period required by applicable laws (e.g. retention of accounting records).

In the context of application procedures that end without employment, your data will regularly be stored for six months for documentation purposes and will then be deleted or destroyed, as will the documents sent to us. With your consent to the processing of the data for future application procedures, we will also keep it for a correspondingly longer period.