Data protection

 

Data protection information

 

Valid from August 15, 2022

 

Responsible person 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 omitted. All of the following personal designations apply equally to all genders. )

 

Responsible person

 

The responsible body for the data processing regulated in this data protection information is "JMS ImmobilienManagement GmbH" (hereinafter "we" or "us"). Our contact details are:

JMS ImmobilienManagemnt GmbH

License partner of Engel & Völkers Residential GmbH

Schulstraße 43

21220 Seevetal

seevetal@engelvoelkers.com

License partner of Engel & Völkers Residential GmbH

 

Data protection officer

 

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

Lukmann Consulting GmbH

Dipl. Ing. Walter Lukmann

Packerstraße 131a

8561 Söding - Austria

E-mail: service@dsgvoschutzbrief.com

Telephone: +49 7223 95 666 77

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 the processing, the modalities of the data processing). Furthermore, under certain conditions, you are entitled to object to the data processing for the future, to restrict it or to request the deletion of the data. Finally, you can prevent the sending of advertising material or the conduct of market research or commercial communications at any time.

In summary, you have the right to

information,

correction,

deletion (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.

According to Art. 7 III of the EU General Data Protection Regulation (hereinafter "GDPR"), you can revoke your consent to us at any time. This means that 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 do not have to or may not delete data that we must continue 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 in which we process your data, you have the option of filing a complaint with a supervisory authority, in particular in the member state of your residence, place of work or place of the alleged violation.

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).

 

Overview of our data processing processes

 

Our data protection notices below are structured as follows and give you an overview of the following data processing processes:

You visit us on our company website on the Internet

You enter into a search or marketing contract with us, request an exposé from us or commission us to carry out a property valuation [2]

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

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

Storage and deletion of your data

 

You visit us on our company website on the Internet

 

We generally 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 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 these mandatory details with an "asterisk". Without the mandatory details, we cannot provide the services marked in this way.

What data do 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, last name, title, address, telephone number, property data - referred to as "data" or "personal data" in connection with 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 inquiries and newsletter mailings as well as the market price determination ("valuation") of real estate).

 

Please refer to the "Cookie Notice" of

 

Engel & Völkers GmbH Vancouverstrasse 2a D-20457 Hamburg Germany

E-mail: info@engelvoelkers.com

You can find the cookie notices in the lower part of our company website on the Internet.

 

Purpose of processing and legal basis

 

We process your data for the following purposes:

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

If necessary, fulfillment of the request for a valuation of the property described by the user in accordance with the market price and the interest in selling that is thereby transmitted (the legal basis is the fulfillment of the contract and in the case of the user entering contact details and passing them on to a license partner of the Engel & Völkers Group that is responsible for the subject matter or geography (for the definition, please see section 3 below) or to the company that technically implements the valuation, your consent and

in the case of using the contact details for direct marketing, the legitimate interest in marketing our own services or your consent);

Contact by telephone from us (the legal basis is the fulfillment of the contract or, in the case of using 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, provided that the processing is based on consent, Art. 6 I sentence 1 lit. b GDPR, provided that the basis for the processing is a (possibly pre-contractual) contractual relationship and Art. 6 I sentence 1 lit. f GDPR, provided that the basis is our legitimate interest. If 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 revoke your consent at any time without affecting the legality of the processing of your personal data carried out on the basis of the consent until the revocation. If the legal basis is legitimate interest, you are also generally entitled to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. Art. 21 GDPR applies in this respect.

Disclosure of your personal data

We will generally only pass on your personal data to third parties if this is necessary to fulfil the contract, we or the third party have a legitimate interest in passing it on, there is a legal obligation or you have given your consent to do so. If data is transmitted to third parties on the basis of a legitimate interest, this will be explained in these data protection provisions.

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 speak of the "Engel & Völkers Group" within the meaning of Sections 15ff. AktG (German Stock Corporation Act) within this data protection declaration, we mean the companies belonging to the Engel & Völkers Group of Companies as well as the (master) license partners who are directly or indirectly contractually affiliated with this group of companies, to which we also belong. You can find a current overview of these license partners here: https://www.engelvoelkers.com/de/unternehmen/standorte/).

Disclosure of data to non-EEA countries

 

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

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, 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.

agreed (Art. 46 GDPR), unless the GDPR provides an exception (Art. 49 GDPR). In addition, where necessary, we intend to agree additional measures with recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (where 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.

You conclude a search or marketing contract with us, request an exposé from us or commission us to carry out a property valuation [3]

 

What data do we process from you?

 

When searching for, selling or renting a property, requesting an exposé and evaluating a property, the following personal data is regularly processed from you:

First name, last name, title, address, telephone number, information about the property you want (in the case of a property search) or (in the case of property marketing or property valuation) information about the property;

E-mail address, if you have agreed to receive advertising information, in particular the offer or valuation of properties, or if you would like to be communicated by e-mail;

and (if it comes to buying/selling or renting real estate) bank details, identity details, ID copy (if buying/selling a property) and land register, electricity, oil and/or gas bills, general individual cost statements, declarations of division, WEG protocols (resolutions), purchase contract (if selling a property) or (if renting a property) bank details, identity details, if applicable CV, proof of salary, proof of creditworthiness, landlord confirmation, rental agreement.

 

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 checks (the legal basis is Art. 6 I lit. b. GDPR and Art. 6 I lit. f GDPR; our legitimate interest in passing on the 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 follows from the legitimate interest in protecting against bad debts.);

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

Advertising information about properties that we or other license partners of the Engel & Völkers Group market (The legal basis is Art. 6 I lit. f GDPR; our legitimate interest arises 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 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 legality of the processing carried out on the basis of the consent until the revocation. If the legal basis is the legitimate interest, then You are also fundamentally entitled to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. Art. 21 GDPR applies in this respect.

 

Disclosure of data

 

If your request (e.g. in connection with an evaluation request) concerns offers from other license partners of the Engel & Völkers Group, Engel & Völkers will transmit the personal data you entered in this case to the respective company in the Engel & Völkers Group after you have given your prior consent.

 

In this context, please also read our information on transfer in Section III.

 

In addition, as part 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 to whom we pass on your personal data, regardless of our service provision, 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 authorities, police, public prosecutors, courts), potential buyers or acquirers of all or part of our assets and/or activities and other third parties, provided that you instruct us to pass on data or give your consent.

 

In addition, we will only pass on your personal data 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 a contract processing agreement.

 

Transfer of data to non-EEA countries

 

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

The recipients of personal data may be located outside the EEA/UK. Where 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 an exception (Art. 49 GDPR). In addition, where necessary, we intend to agree additional measures with recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (where 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.

If your request relates to license partners of the Engel & Völkers Group outside the European Union, we will transmit your data to the locally / subject-matter responsible license partner with your consent.

We are looking for a property for you together with another Engel & Völkers license partner (“referral”)

If we are looking 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 first contact and the Engel & Völkers Group license partner to whom your data is forwarded 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 mutual 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 these against us or against the other Engel & Völkers Group license partner 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 if you would like to assert your rights as a data subject can be found in the above explanations.

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

What data do 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. 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 assign the application.

Purpose of processing and legal basis

We process your personal data for the following purposes:

 

Review of the application for an employment relationship within our company (the 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 of any legal claims asserted against us from the application process, if this is necessary (the legal basis 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.).

 

We also process your personal data on the basis of a previously granted consent in order to inform you about interesting job offers (the 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 legality of the processing carried out on the basis of the consent until the revocation. If the legal basis is legitimate interest, you are also generally entitled to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. Art. 21 GDPR applies in this respect.

We need your personal data in order 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 cannot enable you to participate in the application process for open job offers.

Disclosure of data

We will generally only pass on your personal data to third parties if this is necessary to fulfil the contract, we or the third party have a legitimate interest in passing it on, there is a legal obligation or your Consent has been given for this. If data is transferred to third parties on the basis of a legitimate interest, this is explained in these data protection provisions.

If you applied via the global online job portal of Engel & Völkers Holding GmbH, your application documents were sent to us by Engel & Völkers Holding GmbH. You learned how Engel & Völkers Holding GmbH processes your personal data as part of the application process and you can read about it at any time via the global online job portal on the relevant website of Engel & Völkers Holding GmbH.

 

Disclosure of data to non-EEA countries

 

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

The recipients of personal data may be located outside the EEA/UK. Where 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 an exception (Art. 49 GDPR). In addition, where necessary, we intend to agree additional measures with recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (where 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.

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).

As part of application processes 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 process the data for future application processes, we will also store it for a correspondingly longer period.