Data protection information of EV Wuppertal Immobilien GmbH

Valid from 15 August 2022.

Controller and your rights as a data subject *

( *Gender note: For reasons of better readability, the simultaneous use of the linguistic forms male, female and diverse (m/f/d) is subsequently avoided. All of the following designations of persons apply equally to all genders. )

Controller

The data controller responsible for the data processing governed by this data protection notice is EV Wuppertal Immobilien GmbH (hereinafter ‘we’ or ‘us’). Our contact details are:

EV Wuppertal Immobilien GmbH

Friedrich-Ebert-Str. 83

42103 Wuppertal

wuppertal@engelvoelkers.com

Licence partner of Engel & Völkers Residential GmbH.

Your rights as a data subject

You have the right to request information about the processing of your personal data (e.g. 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 data processing in the future, to restrict it or to request the deletion of the data. Finally, you can stop the sending of advertising material or the execution 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 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.

In accordance with Art. 7 III of the EU (General Data Protection Regulation (hereinafter ‘GDPR’)), you can revoke your consent at any time. As a result, we will no longer be allowed to continue the data processing based on this consent in the future.

Please note that your right of cancellation is subject to restrictions. For example, we do not have to or are not allowed to delete data that we still have to keep due to legal retention periods. Data that we need to assert, exercise or defend legal claims are also excluded from your right of cancellation.

If you have a complaint about the way we process your data, you have the option of lodging a complaint with a supervisory authority, in particular in the member state of your place of residence, your workplace or the place of the alleged infringement.

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

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Overview of our data processing procedures

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

I. You visit our company website.

II. You conclude a search or marketing agreement with us, request a property report from us or commission us to carry out a property valuation.

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

IV. You send a speculative application or apply for a job ad

V. Storage and deletion of your data

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I. Collection and processing of personal data when visiting our company website

We only process personal data that you provide 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 the processing is permitted by law. We require a minimum amount of data for certain services that we offer on our company website. We have marked this mandatory information with an asterisk. Without the mandatory information, we cannot provide our services marked as such.

What data do we process about you (hereinafter ‘you’ or ‘user’)

When you use our company website, we process personal data, namely:

email address, first name, last name, title, address, telephone number, property data – referred to as ‘data’ or ‘personal data’ in the context of this data protection declaration), which you provide 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 the use-related 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

E-Mail: info@engelvoelkers.com

You can find the Cookie Notice at the bottom of our company website on the internet.

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Purpose of the processing and legal basis

We process your data for the following purposes:

Fulfilling contact requests (the legal basis is the fulfilment of the contract and – in the event of user data being passed on to other licenced partners of the Engel & Völkers Group (for the definition of which, please see point 3 below) – your consent).

Where applicable, fulfilment of the request for a valuation of the property described by the user in line with the market price and the interest in selling the property (the legal basis is the fulfilment of the contract and, in the case of the user entering contact data and this data being passed on to a materially or geographically responsible licence partner of the Engel & Völkers Group (for the definition please see Section 3 below) or to the technically implementing company for the valuation, your consent and, in the case of the use of contact data for direct marketing, the legitimate interest in marketing our own services or your consent);

Contacting you by telephone (the legal basis is the performance of a contract or, if the telephone number is used for advertising purposes, your consent);

Sending you an e-mail newsletter with our own offers as well as self- 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, provided that the marketing is carried out in compliance with data protection and competition law);

In summary:

The legal basis for the processing of personal data is Article 6 I sentence 1 lit. a GDPR, provided that the processing is based on consent, Article 6 I sentence 1 lit. b GDPR, provided that the basis for the processing is a (possibly pre-contractual) contractual relationship and Article 6 I sentence 1 lit. f GDPR, provided that the basis is our legitimate interest. Insofar as the processing of personal data is required for compliance 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 have the right to withdraw 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 withdrawal. If the legal basis is a legitimate interest, you also have the fundamental right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you. Article 21 of the GDPR applies in this respect.

Disclosure of your personal data

We will only disclose your personal data to third parties if this is necessary for the performance of a contract, if we or the third party have a legitimate interest in the disclosure, if there is a legal obligation to do so or if you have given your consent. If data is transferred to third parties on the basis of a legitimate interest, this is explained in this privacy policy.

If your contact request concerns offers from other Engel & Völkers Group companies, we will transfer the personal data you have entered in this case to the respective Engel & Völkers Group company with your prior consent or, if legally permissible, on the basis of a so-called legitimate interest. Beyond this, we will not transfer your personal data.

When we refer to the ‘Engel & Völkers Group’ in this data protection declaration, we mean the companies belonging to the Engel & Völkers Group within the meaning of §§ 15ff. AktG as well as the (master) licence partners directly or indirectly affiliated with this group of companies by contract, to which we also belong. You can get an up-to-date overview of these licence partners here: ).

Transfer of data to non-EEA countries

In addition to the above paragraph ‘Transfer 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, 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 an exception applies (Art. 49 GDPR). In addition, we intend, where necessary, to agree additional measures with the recipients 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.

II. You conclude a search or marketing contract with us, request a property description from us or commission us to carry out a property valuation

What data do we process about you

When searching for, selling or renting a property, requesting a property description or carrying out a property valuation, the following personal data about you is regularly processed:

First name, surname, title, address, telephone number, details of the property you are looking for (in the case of a property search) or (in the case of property marketing or property valuation) details of the property;

e-mail address, provided that you have agreed to receive advertising information, in particular offers or valuations of properties, or if you wish to receive communication by e-mail;

as well as (if it comes to the purchase/sale or the rental of real estate) bank details, information on identity, copy of ID (when buying/selling a property) as well as land registry, electricity, oil and/or gas bills, general direct cost bills, partition declarations, WEG protocols (resolutions, purchase contract (when selling a property) or (if it comes to renting a property) bank details, information on identity, curriculum vitae if applicable, salary certificate, proof of creditworthiness, landlord confirmation, rental contract.

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 checks (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 also fulfil 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.

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

Promotional information about properties that we or other Engel & Völkers Group licence partners market (legal basis is Art. 6 I lit. f GDPR; our legitimate interest arises from the processing of personal data for the purpose of direct marketing. The legal basis is also your consent in accordance with Art. 6 I a. GDPR, insofar as the promotional information is transmitted to you by email, fax or telephone).

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 the legitimate interest, you also have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you. In this respect, Art. 21 GDPR applies.

Disclosure of data

If your enquiry (e.g. regarding a valuation enquiry) concerns offers from other Engel & Völkers Group licence partners, Engel & Völkers will transfer 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 read our information on the transfer of data in Section III.

Furthermore, in the context of the execution of a contractual relationship, we transfer personal data to contractual partners (owners, landlords, customers searching for properties) and supporting service providers such as notaries, lawyers, property managers, property developers, as well as in the context of credit information or to supervisory authorities (such as for money laundering documentation). It may also be the case that we transfer your data to third parties within the limits of what is legally permissible. Third parties to whom we transfer your personal data, independently of our service provision, include external consultants (e.g. lawyers and auditors), authorities within the scope of their responsibility to fulfil legal obligations and/or to protect our rights (e.g. tax office, police, public prosecutor, courts), potential buyers or purchasers of all or some of our assets and/or activities, and other third parties, if 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 providers (e.g. IT service providers, hosting providers, etc.) to whom we have outsourced services involving processing operations as part of order processing.

Transfer of data to non-EEA countries

In addition to the above paragraph ‘Transfer 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, 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 an exception applies (Art. 49 GDPR). In addition, 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/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 licence partners of the Engel & Völkers Group outside of the European Union, we will transfer your data to the locally/factually responsible licence partner after obtaining your consent.

III. We search for a property for you together with another Engel & Völkers licence partner (‘introduction’)

If we search 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 point of contact, and the Engel & Völkers Group licence partner to whom your data is transmitted will process your personal data. Both we and this licence partner are independently responsible for the respective data processing. We and this other licence 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 wish to assert these against us or against the other licence partner of the Engel & Völkers Group, which also processes your data.

Please refer to the above information on how we process your data in connection with the marketing of your property, what rights you have in this regard and who your points of contact are should you wish to assert data subject rights.

IV. You send a speculative application or apply for a job

What data do we process about you

If you apply to us via our website or in response to a job ad, we process your name, address, telecommunications and application data. The provision of your address and telecommunications data, which is marked as mandatory, is necessary in order for us to contact you regarding your application and to be able to assign the application.

Purpose of processing and legal basis

We process your personal data for the following purposes:

● To review applications for employment within our company (the legal basis for this is Article 6(1)(b) of the GDPR, in conjunction with Section 26 of the German Federal Data Protection Act (BDSG) for the area of application of the Federal Republic of Germany).

Defence against any legal claims asserted against us as a result of the application process, if necessary (the legal basis for this is our legitimate interest in complying with our duty of proof in proceedings under the German General Equal Treatment Act (AGG); Art. 6 I lit. f DSGVO.).

Furthermore, we process your personal data on the basis of a previously granted consent in order to inform you about interesting job offers (legal basis is Art. 6 I lit. a DSGVO).

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 the legitimate interest, you also have the right 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.

We need your personal data in order 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 only transfer your personal data to third parties if this is necessary for the performance of a contract, if we or the third party have a legitimate interest in the transfer, if there is a legal obligation to do so or if you have given your consent. If data is transferred to third parties on the basis of a legitimate interest, this is explained in this privacy policy.

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

Transfer of data to non-EEA countries

In addition to the above paragraph ‘Transfer 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, as required by law, ensure that your privacy 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 an exception applies (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 appropriate safeguards (to the extent we rely on them) and a list of recipients outside the EEA/UK can be obtained by request. Please note that such copies may be redacted to the extent necessary to protect business secrets or other confidential information.

V. Storage and deletion of your data

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

In the context of application procedures that do not result in employment/occupation, your data will normally be stored for a further six months for documentation purposes and then deleted or destroyed, along with the documents sent to us. With your consent to process the data for future application procedures, we will also store it for a correspondingly longer period.