Engel & Völkers Hamburg Marienthal
Privacy Policy
Controller and Your Rights as a Data Subject
(Gender note: For better readability, the simultaneous use of gender forms male, female, and diverse (m/f/d) will be omitted in the following. All subsequent personal designations apply equally to all genders).
1. Controller
The responsible entity for the data processing regulated in this privacy notice is "Engel & Völkers Alstertal GmbH" (hereinafter "we" or "us"). Our contact details are:
Engel & Völkers Alstertal GmbH
Wellingsbüttler Weg 117,
22391 Hamburg, Germany
alstertal@engelvoelkers.com
License partner of Engel & Völkers Residential GmbH
2. Data Protection Officer
If you have questions about this privacy notice and data protection, please contact our Data Protection Officer:
Dr. Stefanie Wegener
Mittelweg 10
20148 Hamburg, Germany
Swegener@wegener-ra.de
3. Your Rights as a Data Subject
You have the right to access information about the processing of your personal data (for example, the origin of this data, the processing purpose, and the processing modalities). Furthermore, you are entitled, under certain conditions, to object to the data processing for the future, restrict it, or request the deletion of the data. Additionally, you can at any time prohibit the sending of advertising material or the conducting of market research or commercial communications.
In summary, you have the right to:
- Access
- Rectification
- Deletion (or the right to be forgotten)
- Restriction of processing
- Data portability
- Objection to the processing of your personal data
- Complaint to supervisory authorities
Moreover, 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.
According to Article 7 III of the EU General Data Protection Regulation (hereinafter "GDPR"), you can withdraw your previously given consent at any time. This means we may no longer continue the data processing based on this consent for the future.
Please note that your right to deletion is subject to restrictions. For example, we must not delete data that we are required to retain due to statutory retention periods. Also, data needed for the assertion, exercise, or defense of legal claims are exempt from your right to deletion.
If you have a complaint about the way we process your data, you have the option to lodge a complaint with a supervisory authority, particularly in the member state of your habitual residence, place of work, or the location of the alleged infringement.
We reserve the right to disclose information about you if we are legally obligated to do so or if lawfully acting authorities or law enforcement agencies require us to provide such information. Legal basis: Article 6 I Sentence 1 lit. c GDPR (legal obligation).
Overview of Our Data Processing Activities
Our following privacy notices are structured as follows and provide an overview of the following data processing activities:
I. You visit our company website
II. You enter into 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 to us 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 Visiting Our Company Website
We generally process personal data only if you provide it to us via the contact forms on our company website. Personal data processing only occurs if you have given us your consent or if the processing is permitted by legal regulations. For certain services that we offer on our company website, we require a minimum amount of data. We have marked these mandatory fields with an "asterisk." Without the mandatory fields, we cannot provide the services marked as such.
1. 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:
- Email address, first name, last name, title, address, phone number, property data - in connection with this privacy policy referred to as "data" or "personal data" - provided by you for the offered services on our company website (e.g., contact inquiries and newsletter mailings as well as market price assessment ("valuation") of properties).
Please refer to the description of data processing related to the use of cookies and other tracking technologies in the "Cookie Notices" of
Engel & Völkers GmbH
Vancouverstraße 2a
D-20457 Hamburg
Germany
Email: info@engelvoelkers.com
You can find the cookie notices at the bottom of our company website.
2. Purpose of Processing and Legal Basis
We process your data for the following purposes:
- Fulfillment of contact inquiries (legal basis is contract fulfillment as well as - in the case of sharing user data with other license partners of the Engel & Völkers Group (see definition below under item 3) - your consent).
- Possibly fulfillment of the request for a market price assessment of the property described by the user and the associated sales interest (legal basis is contract fulfillment as well as in the case of user-entered contact data and their sharing with a factually or geographically responsible license partner of the Engel & Völkers Group (see definition below under item 3) or the technically implementing company for the valuation, your consent as well as in the case of using the contact data for direct marketing the legitimate interest in marketing our own services or your consent).
- Contact by phone by us (legal basis is contract fulfillment or in the case of using the phone number for advertising purposes, your consent).
- Sending an email newsletter about our own offers as well as self and third-party advertising within the legally permissible scope or based on consent (legal basis is either your consent or our legitimate interest in direct marketing, as long as the marketing is done in compliance with data protection and competition law requirements).
In summary: The legal basis for the processing of personal data is Article 6 I Sentence 1 lit. a GDPR, insofar as the processing is based on consent, Article 6 I Sentence 1 lit. b GDPR, insofar as the basis of the processing is a (possibly pre-contractual) contractual relationship, and Article 6 I Sentence 1 lit. f GDPR, insofar as the basis is our legitimate interest. If the processing of personal data is necessary to fulfill a legal obligation to which we are subject, Article 6 I Sentence 1 lit. c GDPR serves as the legal basis.
Insofar as 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 based on the consent up to the withdrawal. 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. Article 21 GDPR applies in this respect.
3. Sharing Your Personal Data
We generally only share your personal data with third parties if it is necessary for the fulfillment of the contract, if we or the third party have a legitimate interest in the sharing, if there is a legal obligation, or if you have given your consent. If data is shared with third parties based on a legitimate interest, this will be explained in these privacy notices.
If your contact inquiry concerns offers from other companies in the Engel & Völkers Group, we share the personal data you provided in this case with the respective company from the Engel & Völkers Group after your prior consent or - where legally permissible - based on a so-called legitimate interest. Beyond this, we do not share your personal data.
When we refer to the "Engel & Völkers Group" within this privacy policy, we mean the companies belonging to the Engel & Völkers corporate group within the meaning of §§ 15ff. AktG as well as the (master) license partners directly or indirectly contractually connected to this corporate group, to which we also belong. You can find a current overview of these license partners here: Engel & Völkers Locations.
4. Data Transfer to Non-EWR Countries
In addition to the above paragraph "Sharing Your Personal Data," the following applies:
The recipients of personal data may be located outside the EEA/UK. When 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 (Article 45 GDPR) or the transfer is subject to appropriate safeguards (e.g., Standard Contractual Clauses) of the European Union agreed with the recipient (Article 46 GDPR), unless the GDPR provides an exemption (Article 49 GDPR). Moreover, we intend to agree on additional measures with recipients where necessary 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/the United Kingdom can be requested. Please note that these copies may be redacted as necessary to protect business 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 property valuation.
1. What data do we process from you
When searching for, selling, or renting a property, requesting an exposé, and during property valuation, the following personal data are regularly processed:
- First name, last name, title, address, telephone number, information about the property wish (in case of property search) or (in case of property marketing or valuation) information about the property;
- Email address, if you have agreed to receive promotional information, particularly the offer or valuation of properties, or if you prefer communication via email;
- Additionally (if it comes to purchase/sale or rental of properties) bank account details, identity information, copy of ID (in case of purchase/sale of a property), land register, electricity, oil and/or gas bills, general individual cost statements, partition declarations, condominium association meeting minutes (resolutions), purchase contract (in case of property sale) or (if it comes to rental of a property) bank account details, identity information, CV, salary statement, creditworthiness proof, landlord confirmation, rental agreement.
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 through cooperating independent real estate advisors - including billing and credit checks (legal basis is Art. 6 I lit b. GDPR and Art. 6 I lit f. GDPR; our legitimate interest in sharing data with independent real estate advisors arises from the freedom to also fulfill contractual relationships with independent brokers or sub-brokers. The legitimate interest in conducting credit checks arises from the legitimate interest in protecting against payment defaults.);
- Fulfillment of a legal obligation, especially in connection with the Money Laundering Act; (legal basis is Art. 6 I lit c. GDPR);
- Promotional information about properties marketed by us or other license partners of the Engel & Völkers Group (legal basis is Art. 6 I lit f. GDPR; our legitimate interest in processing personal data for direct marketing purposes arises. The legal basis is also your consent under Art. 6 I a. GDPR, if the promotional 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 based on the consent until the 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.
3. Data transfer
If your inquiry (e.g., in the case of a valuation request) involves offers from other license partners of the Engel & Völkers Group, Engel & Völkers will transfer the personal data you entered in this case to the respective company within the Engel & Völkers Group after your prior consent.
Please also refer to our information on referrals in Section III.
Furthermore, we transfer personal data in the context of fulfilling a contractual relationship to contractual partners (owners, landlords, search clients) and supporting service providers such as notaries, lawyers, property managers, developers, as well as in the context of credit information or to supervisory authorities (e.g., in the case of money laundering documentation). We may also transfer your data to third parties within the legally permissible scope. Third parties to whom we transfer your personal data, regardless of our service provision, include external advisors (e.g., lawyers and auditors), authorities within their jurisdiction to comply with 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, as well as other third parties, as you instruct us to transfer data or give your consent.
Moreover, your personal data will only be transferred to our employees (permanent employees such as workers and freelance real estate advisors) and third-party companies (e.g., IT service providers, hosting providers, etc.) to which we outsource services with processing operations as part of a data processing agreement.
4. Data transfer to non-EEA countries
In addition to the previous paragraph "Transfer of your personal data," the following applies:
Recipients of personal data may be located outside the EEA/UK. When 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 determined that the country to which the personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or the transfer is subject to appropriate safeguards (e.g., EU standard contractual clauses) agreed with the recipient (Art. 46 GDPR), unless the GDPR provides an exception (Art. 49 GDPR). Furthermore, we intend to agree on additional measures with recipients, as necessary, 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 protect trade secrets or other confidential information.
If your inquiry relates to license partners of the Engel & Völkers Group outside the European Union, we will transfer your data with your consent to the locally/ factually responsible license partner.
III. We search for a property for you together with another Engel & Völkers license partner (“Referral”)
When we search for a property for you together with another license partner, your data will only be transmitted based on prior consent given by you. Please note that both we, as your initial contact, and the Engel & Völkers Group license partner to whom your data is referred, 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 mutual access to each other's data and do not process your data jointly. If you wish to exercise your data subject rights, please check in advance whether you want to assert them against us or against the other Engel & Völkers Group license partner who is also processing your data.
For details on how we process your data in connection with the marketing of your property, what rights you have in this context, and who your contacts are if you want to assert your data subject rights, please refer to the information above.
IV. You are applying on your own initiative or in response to a job advertisement
What data do we process from you
When you apply to us through our website or in response to a job advertisement, we process your name as well as your address, telecommunications, and application data. Providing the address and telecommunications data marked as mandatory is necessary to contact you about your application and to assign your 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 (Legal basis is Art. 6 I lit. b GDPR possibly in conjunction with § 26 BDSG (for the application area of the Federal Republic of Germany)).
- Defense against any legal claims asserted against us from the application process, if necessary (The legal basis is our legitimate interest in fulfilling our burden of proof in a procedure under the General Equal Treatment Act (AGG); Art. 6 I lit. f GDPR).
- Additionally, we process your personal data based on prior consent to inform you about interesting job offers (Legal basis is Art. 6 I lit. a GDPR).
If the legal basis is your consent, you have the right 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 also generally have the right 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.
We need your personal data to fulfill the above-mentioned processing purposes. You are free to provide us with no personal data. In this case, we cannot allow you to participate in the application process for open job offers.
Transfer of data
We generally only share your personal data with third parties if it is necessary for contract fulfillment, we or the third party have a legitimate interest in the transfer, there is a legal obligation, or you have given your consent. If data is transferred to third parties based on legitimate interest, this will be explained in these data protection provisions.
If you applied through the global online job portal of Engel & Völkers Holding GmbH, your application documents were transmitted to us by Engel & Völkers Holding GmbH. How Engel & Völkers Holding GmbH processes your personal data was communicated to you during the application process and can be reviewed at any time through the global online job portal on the corresponding Engel & Völkers Holding GmbH website.
Transfer of data to non-EEA countries
In addition to the above section "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 legally required, ensure that your data protection rights are adequately protected, either because the European Commission has determined 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, we intend, where necessary, to agree on additional measures with recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (where relied upon) and a list of recipients outside the EEA/UK can be requested. Please note that these copies may be redacted to protect trade secrets or other confidential information.
Storage and deletion of your data
We store your personal data for the period necessary to achieve the purposes for which the data was collected and further processed, including any retention period required by applicable law (e.g., retention of accounting records).
In the case of application processes that do not result in employment, your data will generally be stored for documentation purposes for an additional six months and then deleted or destroyed along with any submitted documents. With your consent to process the data for future application processes, we will retain it accordingly longer.
Links to Social Media Pages
This website contains links to major social media network pages (e.g., Facebook and Twitter). These are not social media plug-ins but links, which do not transmit personal data to the social media operators.
