Privacy Notice

Valid from August 15, 2022.

Controller and Your Rights as a Data Subject

(Gender note: For better readability, the simultaneous use of male, female, and diverse forms (m/f/d) will be omitted in the following. All subsequent personal designations apply equally to all genders.)

The responsible entity for the data processing regulated in this privacy notice is Bergemann & von den Steinen Immobilien GmbH & Co. KG (hereinafter “we” or “us”). Our contact details are:

Bergemann & von den Steinen Immobilien GmbH & Co. KG

Kölner Straße 65a

42651 Solingen

solingen@engelvoelkers.com

License partner of Engel & Völkers Residential GmbH

You have the right to request information about the processing of your personal data (for example, the origin of this data, the purpose of processing, the modalities of data processing). Furthermore, under certain circumstances, you are entitled to object to future data processing, restrict it, or request the deletion of the data. Finally, you can at any time prevent the sending of advertising material or the conduct of market research or commercial communications.

In summary, you have the right to:

Additionally, you have the right to object at any time to the processing of your personal data for direct marketing purposes. If you object to the processing for direct marketing purposes, we will no longer process your personal data for these purposes.

According to Art. 7 (3) of the EU General Data Protection Regulation (GDPR), you can withdraw your consent given to us at any time. This means that we may not continue the data processing based on this consent in the future.

Please note that your right to deletion is subject to limitations. For example, we may not delete data that we still need to retain due to legal retention periods. Data required for the assertion, exercise, or defense of legal claims is also excluded from your right to deletion.

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

We reserve the right to disclose information about you in case of legal obligations if requested by lawfully acting authorities or law enforcement agencies. Legal basis: Art. 6 (1) sentence 1 lit. c GDPR (legal obligation).

Overview of Our Data Processing Processes

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

I. You visit our corporate website

II. You enter into a search or marketing contract with us, request an exposé, or commission us for a property valuation

III. We are jointly searching for a property for you with another Engel & Völkers license partner (referral)

IV. You apply proactively or in response to a job advertisement

V. Storage and deletion of your data

I. Collection and Processing of Personal Data When Visiting Our Corporate Website

We generally only process personal data to the extent that you provide it to us via the contact forms available on our corporate website. The processing of personal data occurs only if you have given us your consent or if the processing is permitted by legal regulations. For certain services we offer on our website, we require a minimum amount of data. These mandatory fields are marked with an asterisk (*). Without the mandatory data, we cannot provide the services marked as such.

In the context of your use of our corporate website, we process personal data, namely:

Email address, first name, last name, title, address, telephone number, property data – referred to in this privacy statement as "data" or "personal data," which you provide in connection with the services offered on our corporate website (e.g., in the context of contact inquiries and newsletter mailings as well as market price evaluations ("valuations") of properties).

For a description of the usage-related data processing in connection with the use of cookies and other tracking technologies, please refer to the "Cookie Notices" of Engel & Völkers GmbH:

Engel & Völkers GmbH

Vancouverstraße 2a

D-20457 Hamburg

Germany

Email: info@engelvoelkers.com

You can find the cookie notices at the bottom of our corporate website.

We process your data for the following purposes:

In summary:

The legal basis for the processing of personal data is Art. 6 (1) sentence 1 lit. a GDPR, if the processing is based on consent, Art. 6 (1) sentence 1 lit. b GDPR, if the basis of processing is a (possibly pre-contractual) contractual relationship, and Art. 6 (1) sentence 1 lit. f GDPR, if 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 (1) 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 carried out based on the consent until the withdrawal. If the legal basis is legitimate interest, you are also entitled to object at any time to the processing of personal data concerning you for reasons arising from your particular situation. Art. 21 GDPR applies in this regard.

We generally only share your personal data with third parties to the extent that this is necessary for contract fulfillment, if we or the third party have a legitimate interest in the disclosure, if there is a legal obligation, or if you have given your consent for this. If data is transmitted to third parties based on a legitimate interest, this will be explained in these data protection provisions.

If your contact inquiry concerns offers from other companies of the Engel & Völkers Group, we will transmit the personal data you provided in this case to the respective company of the Engel & Völkers Group with your prior consent or, where legally permissible, based on a so-called legitimate interest. Furthermore, your personal data will not be shared by us.

When we refer to the "Engel & Völkers Group" within this privacy statement, we mean the companies belonging to the Engel & Völkers Group as defined in §§ 15 et seq. of the German Stock Corporation Act (AktG) as well as the (master) license partners directly or indirectly contractually affiliated with this corporate group, 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-EU/EEA Countries

In addition to the preceding section on “Transfer of Your Personal Data,” the following applies:

Recipients of personal data may be located outside the EEA/UK. When personal data is transmitted 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 determined that the country to which personal data is transmitted provides an adequate level of protection (Art. 45 GDPR) or the transfer is subject to appropriate safeguards (e.g., standard contractual clauses) agreed upon with the recipient (Art. 46 GDPR), unless an exception is provided for under the GDPR (Art. 49 GDPR). Furthermore, we intend to agree on additional measures with the recipients, as 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/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 inquiry pertains to license partners of the Engel & Völkers Group outside the European Union, we will transmit your data to the locally competent license partner with your consent.

III. We are jointly searching for a property for you with another Engel & Völkers license partner (“Referral”)

When we jointly search for a property for you with another license partner, your data will only be transmitted based on prior consent from you. Please note that both we, as your primary contact, and the license partner of the Engel & Völkers Group 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 assert rights as a data subject, please check in advance whether you would like to assert them against us or the other Engel & Völkers Group license partner that also processes your data.

For information 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 wish to assert data subject rights, please refer to the above statements.

IV. You are applying proactively or in response to a job advertisement

If you apply through our website or a job advertisement, we process your name as well as your address, telecommunications, and application data. Providing the mandatory address and telecommunications data is necessary for us to contact you regarding your application and to assign it.

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 (1) (b) GDPR, possibly in conjunction with § 26 BDSG (for the scope of the Federal Republic of Germany)).

Defense against any legal claims that may be made against us from the application process, as required (legal basis is our legitimate interest in fulfilling our burden of proof in a proceeding under the General Equal Treatment Act (AGG); Art. 6 (1) (f) GDPR).

Furthermore, we process your personal data based on prior consent to inform you about interesting job offers (legal basis is Art. 6 (1) (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 the processing carried out on the basis of the consent until the withdrawal. If the legal basis is legitimate interest, you are also entitled to object at any time to the processing of personal data concerning you for reasons arising from your particular situation. In this regard, Art. 21 GDPR applies.

We require your personal data to fulfill the processing purposes listed above. You are free not to provide us with any personal data. In this case, we cannot enable your participation in the application process for open job offers.

We generally only share your personal data with third parties if this is necessary for contract fulfillment, if we or the third party have a legitimate interest in the disclosure, if there is a legal obligation, or if you have given your consent for this. If data is transmitted to third parties based on a legitimate interest, this is explained in these data protection provisions.

If you have applied through the global online job portal of Engel & Völkers Holding GmbH, your application documents have been transmitted to us by Engel & Völkers Holding GmbH. How Engel & Völkers Holding GmbH processes your personal data you learned during the application process and can review at any time via the global online job portal on the respective Engel & Völkers Holding GmbH website.

In addition to the preceding section on “Transfer of Your Personal Data,” the following applies:

Recipients of personal data may be located outside the EEA/UK. When personal data is transmitted 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 determined that the country to which personal data is transmitted provides an adequate level of protection (Art. 45 GDPR) or the transfer is subject to appropriate safeguards (e.g., standard contractual clauses) agreed upon with the recipient (Art. 46 GDPR), unless an exception is provided for under the GDPR (Art. 49 GDPR). Furthermore, we intend to agree on additional measures with the recipients, as 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/UK can be requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.

We store your personal data for as long as necessary to achieve the purposes for which the data was collected and further processed, including any retention periods required by applicable laws (e.g., retention of accounting records).

In the context of application processes that do not result in employment, your data will generally be stored for an additional six months for documentation purposes and will then be deleted or destroyed, along with the documents sent to us. With your consent for processing the data for future application processes, we will retain this data accordingly for a longer period.