Privacy Notice

Effective from February 27, 2023.

Data Controller and Your Rights as a Data Subject

1. **Data Controller**

  The responsible entity for the data processing regulated in this privacy notice is "Hiss & Brandenburger Immobilien GmbH" (hereinafter "we" or "us"). Our contact details are: Hiss & Brandenburger Immobilien GmbH, Kreuzkirchstr. 11, 77652 Offenburg, Email: Ortenau@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:

  - Name: Olivia Brandenburger

  - Email address: Olivia.Brandenburger@engelvoelkers.com

3. **Your Rights as a Data Subject**

  You have the right to access information about the processing of your personal data (e.g., the origin of this data, the processing purpose, and processing modalities). You may also, under certain conditions, object to future data processing, restrict it, or request data deletion. You can also opt out of receiving promotional materials or participating in market research or commercial communications at any time.

  In summary, you have the right to:

  - Access

  - Rectification

  - Deletion (or right to be forgotten)

  - Restriction of processing

  - Data portability

  - Object to the processing of your personal data

  - Complain to supervisory authorities

  Additionally, 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 (GDPR), you can withdraw your consent at any time. This means we can no longer continue the data processing based on this consent for the future.

  Please note that your right to deletion is subject to certain limitations. For example, we must or may not delete data that we are required to retain due to legal retention periods. Data needed for the establishment, exercise, or defense of legal claims are also exempt from your right to deletion.

  If you have a complaint about how we process your data, you have the option to file a complaint with a supervisory authority, particularly in the member state of your residence, workplace, or the place of the alleged violation.

  We reserve the right to disclose information about you if we are legally obliged to do so, if requested by lawfully acting authorities or law enforcement agencies. Legal basis: Art. 6 I sentence 1 lit. c GDPR (legal obligation).

**Overview of Our Data Processing Processes**

Our following privacy notices are structured as follows and provide an overview of the following data processing processes:

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 evaluation

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

IV. You apply proactively or 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 to the extent that you provide it to us via the contact forms on our company website. The processing of personal data 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 need a minimum amount of data. These mandatory fields are marked with an asterisk (*). Without the mandatory information, we cannot provide our marked services.

1. **What Data Do We Process from You (hereinafter "You" or "User")?**

  In connection with your use of our company website, we process personal data such as:

  - Email address, first name, last name, title, address, phone number, property data – referred to in this privacy notice as "data" or "personal data", provided by you for the offered services on our company website (e.g., contact inquiries, newsletter mailings, and market price evaluation ("valuation") of properties).

  _______________________________________________________

  Please refer to the description of usage-based data processing in connection with the use of cookies and other tracking technologies in the "Cookie Notice" of Engel & Völkers GmbH, Vancouverstraße 2a, D-20457 Hamburg, Germany.

  Email: info@engelvoelkers.com

  You can find the Cookie Notice 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, and - in the case of passing on user data to other license partners of the Engel & Völkers Group (for the definition, please see below under section 3) your consent).

  - Fulfillment of the request for a market-price evaluation of the property described by the user and the associated sales interest (legal basis is contract fulfillment, and in the case of inputting contact details by the user and their transmission to a factually or geographically responsible license partner of the Engel & Völkers Group (for the definition, please see below under section 3) or the company implementing the evaluation technically, your consent; in the case of using contact details for direct marketing, the legitimate interest in marketing our own services or your consent).

  - Contacting you by phone (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 and 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, provided that the marketing complies with data protection and competition law requirements).

  In summary:

  The legal basis for processing personal data is Art. 6 I sentence 1 lit. a GDPR, provided the processing is based on consent, Art. 6 I sentence 1 lit. b GDPR, provided the basis of processing is a (possibly pre-contractual) contractual relationship, and Art. 6 I sentence 1 lit. f GDPR, provided the basis is our legitimate interest. If 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 have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on the consent until the withdrawal. If the legal basis is a 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**

  We generally only pass on your personal data to third parties if it is necessary for contract fulfillment, we or the third party have a legitimate interest in the disclosure, there is a legal obligation, or you have given your consent. If data is passed on to third parties based on a legitimate interest, this is explained in this privacy notice.

  If your contact inquiry concerns offers from other companies of the Engel & Völkers Group, we transmit 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. Beyond that, we do not pass on your personal data.

  When we refer to the "Engel & Völkers Group" within this privacy notice, we mean the companies belonging to the Engel & Völkers corporate group within the meaning of §§ 15ff. AktG and 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](https://www.engelvoelkers.com/en/company/locations/).

4. **Data Transfer to Non-EU 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. When personal data is transferred to locations outside the EEA/UK, we will 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). Additionally, we intend to agree on further measures with the recipients to ensure an adequate level of data protection, where necessary. 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 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 Evaluation**

1. **What Data Do We Process from You**

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

  - First name, last name, title, address, phone number, information about the property wish (in case of property

 search) or information about the property offered (in case of property marketing), and, if applicable, payment data (e.g., bank details).

  

  We also process your email address for contractual communication. This applies, for example, to the preparation of exposés, contact regarding individual properties, arranging viewing appointments, and sending contracts and commission calculations.

  

2. **Purpose of Processing and Legal Basis**

  The personal data you provide to us (in particular the data listed in point 1 of this section) are processed for the following purposes:

  - Fulfillment of your request (e.g., sending the requested exposé or searching for suitable properties).

  - Fulfillment of the search or marketing contract (e.g., marketing the offered property, support with property search or property evaluation).

  - Processing and answering your inquiries.

  - Fulfillment of contractual obligations and the execution of pre-contractual measures.

  - Assertion, exercise, or defense of legal claims.

  - Compliance with legal obligations (e.g., storage obligations under commercial or tax law).

  The legal basis for the processing is generally Art. 6 I sentence 1 lit. b GDPR (contract fulfillment). Furthermore, we process data based on Art. 6 I sentence 1 lit. c GDPR (legal obligation, e.g., compliance with statutory retention periods) and Art. 6 I sentence 1 lit. f GDPR (legitimate interest). In some cases, we process data based on your consent (Art. 6 I sentence 1 lit. a GDPR). In this case, you have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on the consent until the withdrawal.

3. **Disclosure of Your Personal Data**

  Personal data is only passed on to third parties if it is necessary for contract fulfillment or if we or a third party have a legitimate interest in the disclosure, there is a legal obligation, or you have given your consent. The recipients of personal data are:

  - Service providers who support us in providing the services you have requested (e.g., IT service providers, providers of customer management systems).

  - Public authorities and other governmental bodies, provided we are legally obliged to do so.

  - Credit institutions and payment service providers, to handle payments.

  - External consultants (e.g., lawyers, tax advisors).

  - Other companies of the Engel & Völkers Group, if your request concerns their offers or services.

**III. We Search for a Property for You Together with Another Engel & Völkers License Partner (Referral)**

1. **What Data Do We Process from You**

  If we work together with another license partner of the Engel & Völkers Group to search for a property for you, we process personal data such as:

  - First name, last name, title, address, phone number, and, if applicable, email address and information about your property wish.

2. **Purpose of Processing and Legal Basis**

  The personal data you provide to us (in particular the data listed in point 1 of this section) are processed for the following purposes:

  - Coordination and execution of the search for a property together with another Engel & Völkers license partner.

  - Fulfillment of the search contract.

  The legal basis for the processing is generally Art. 6 I sentence 1 lit. b GDPR (contract fulfillment). Furthermore, we process data based on Art. 6 I sentence 1 lit. f GDPR (legitimate interest). In some cases, we process data based on your consent (Art. 6 I sentence 1 lit. a GDPR). In this case, you have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on the consent until the withdrawal.

3. **Disclosure of Your Personal Data**

  Personal data is only passed on to other license partners of the Engel & Völkers Group if it is necessary for contract fulfillment or if we have your consent. The recipients of personal data are:

  - The Engel & Völkers license partner responsible for the property search.

**IV. You Apply Proactively or to a Job Advertisement**

1. **What Data Do We Process from You**

  If you apply to us proactively or in response to a job advertisement, we process personal data such as:

  - First name, last name, title, address, phone number, email address, date of birth, and application documents (e.g., CV, certificates, cover letter).

2. **Purpose of Processing and Legal Basis**

  The personal data you provide to us (in particular the data listed in point 1 of this section) are processed for the following purposes:

  - Processing your application.

  - Conducting the application process and, if applicable, the subsequent employment relationship.

  The legal basis for the processing is generally Art. 6 I sentence 1 lit. b GDPR (pre-contractual measures). In some cases, we process data based on your consent (Art. 6 I sentence 1 lit. a GDPR). In this case, you have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on the consent until the withdrawal.

3. **Disclosure of Your Personal Data**

  Personal data is only passed on to third parties if it is necessary for processing your application or if we have your consent. The recipients of personal data are:

  - Service providers who support us in the application process (e.g., IT service providers).

  - Public authorities and other governmental bodies, provided we are legally obliged to do so.

  - Other companies of the Engel & Völkers Group, if your application concerns their job offers.

**V. Storage and Deletion of Your Data**

1. **Storage Duration**

  We generally store your personal data only as long as necessary for the purposes for which it was collected or if there are statutory retention obligations. If the data is no longer necessary for the purposes for which it was collected or if you have withdrawn your consent and there is no other legal basis for the processing, we delete your data or restrict its processing.

2. **Deletion of Data**

  Your data will be deleted after the purpose has been fulfilled, if you request deletion, or if there is no other legal basis for further processing. Please note that statutory retention obligations (e.g., under commercial or tax law) may result in longer storage periods.

**Contact Details of the Responsible Data Controller and the Data Protection Officer**

Responsible Data Controller:

Hiss & Brandenburger Immobilien GmbH

Kreuzkirchstr. 11

77652 Offenburg

Email: Ortenau@engelvoelkers.com

Data Protection Officer:

Name: Olivia Brandenburger

Email: Olivia.Brandenburger@engelvoelkers.com