Engel & Völkers Chur
Privacy Policy
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Data Protection Notice of Top Living Immobilien AG
Valid from July 1, 2023.
Controller and your rights as a data subject*
(*Gender note: For reasons of readability, the simultaneous use of masculine, feminine, and diverse (m/f/d) forms has been omitted. All subsequent personal designations apply equally to all genders.)
1. Controller The controller responsible for the data processing regulated in this privacy policy is Top Living Immobilien AG (hereinafter "we" or "us"). Our contact details are: ... Völkers Wohnen Schweiz AG
2. Data Protection Officer
If you have any questions about this privacy notice and data protection in general, please contact our Data Protection Officer: Name: Jan Christmann Email address: jan.christmann@engelvoelkers.com
3. 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, and the methods of data processing). Furthermore, under certain conditions, you are entitled to object to the processing of your data for the future, to restrict its processing, or to request its deletion. Finally, you can stop receiving advertising material or conducting market research or commercial communications at any time. In summary, you have the right to: - Access, - Rectification, - Erasure (or the right to be forgotten), - Restriction of processing, - Data portability, - Objection to the processing of your personal data, - Lodge a complaint with a supervisory authority. - Lodge a complaint with a supervisory authority.
In accordance with Article 7(3) of the EU General Data Protection Regulation (hereinafter "GDPR"), you may withdraw your consent at any time. This means that we will no longer be permitted to process data based on this consent in the future.
Please note that your right to erasure is subject to limitations. For example, we are not required or permitted to erase data that we must retain due to statutory retention periods. Data that we need for the establishment, exercise, or defense of legal claims is also excluded from your right to erasure. In accordance with Article 7(3) of the EU General Data Protection Regulation (hereinafter "GDPR"), you may withdraw your consent at any time. If you have a complaint about how we process your data, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work, or the place of the alleged infringement. We reserve the right to disclose information about you if legally required to do so by lawful authorities or law enforcement agencies. Legal basis: Article 6(1)(c) GDPR (legal obligation). We reserve the right to disclose information about you if required to do so by law.
Overview of our data processing procedures
Our data protection information below is structured as follows and provides you with an overview of the following data processing procedures: I. You visit our company website II. You enter into a search or marketing agreement with us, request a property exposé, or commission us to conduct a property valuation. III. We search together with another partner, Engel & Völkers License Partners: A property for you (referral) IV. You apply unsolicited 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 only process personal data if you submit it to us via the contact forms on our company website. Personal data is only processed if you have given us your consent or if processing is permitted by law. For certain services we offer on our company website, we require a minimum amount of data. We have marked these mandatory fields with an asterisk. Without this mandatory information, we cannot provide the services marked accordingly.
1. What data do we process from 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 details – referred to in this privacy policy as "data" or "personal data" – which you provide when using the services offered on our company website (e.g., in connection with contact requests and newsletter mailings, as well as market price determination ("valuation") of real estate).
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Please refer to the "Cookie Notice" of Engel & Völkers GmbH for a description of the usage-related data processing in connection with the use of cookies and other tracking technologies.
Engel & Völkers GmbH Vancouverstrasse 2a D-20457 Hamburg Germany info@engelvoelkers.com You can find the Cookie Notice at the bottom of our company website.
2. Purpose of Processing and Legal Basis This privacy policy is designed to comply with the requirements of the GDPR, the Swiss Federal Act on Data Protection (hereinafter "FADP"), and the revised Swiss Federal Act on Data Protection (hereinafter "revFADP"). However, the applicability of these laws depends on the individual case. We process personal data in accordance with the provisions of the GDPR, the FADP, and the revFADP, in each case to the extent that the respective regulations are applicable. Since the GDPR requires us to list these individually, the legal bases on which we rely for our processing are listed below, provided the GDPR applies. When processing personal data under the FADP and the revFADP, we rely on the comparable legal bases in these laws.
● Contacting you by phone (legal basis is the performance of the contract or, in the case of using your phone number for advertising purposes, your consent);
● Sending an email newsletter about our own offers as well as our own and third-party advertising to the extent permitted by law or based on your 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);
3. Disclosure of your personal data
We generally 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 based on a legitimate interest, this will be explained in this privacy policy. If your contact request concerns offers from other companies within the Engel & Völkers Group, we will transmit the personal data you have entered in this case to the respective company within the Engel & Völkers Group. The Engel & Völkers Group will process your personal data only after you have given your prior consent or – where legally permissible – on the basis of a legitimate interest. We will not otherwise disclose your personal data.
When we refer to the “Engel & Völkers Group” within this privacy policy, we mean the companies belonging to the Engel & Völkers Group as defined in Sections 15 et seq. of the German Stock Corporation Act (AktG), as well as the (master) license partners contractually affiliated directly or indirectly with this group, including ourselves. You can find a current overview of these license partners here: https://www.engelvoelkers.com/de/unternehmen/standorte/). When we refer to the “Engel & Völkers Group” within this privacy policy, we mean the companies belonging to the Engel & Völkers Group as defined in Sections 15 et seq. of the German Stock Corporation Act (AktG), as well as the (master) license partners who are contractually affiliated with this group, either directly or indirectly, to which we also belong.
4. 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. 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 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) agreed with the recipient by the European Union (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree on 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/United Kingdom may 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 agreement with us, request a property exposé from us, or commission us to conduct a property valuation. 1. What data do we process from you? When searching for, selling, or renting a property, requesting a property exposé, or having a property valuation performed, we regularly process the following personal data from you: ● First name, last name, title, address, telephone number, details of your property requirements (in the case of a property search) or (in the case of property marketing or valuation) details of the property;
● Email address, if you have consented to receive promotional information, in particular offers or valuations of real estate, or if you wish to communicate by email; ```
● and (if the purchase/sale or rental of real estate occurs) bank details, identity information, a copy of identification (in the case of a purchase/sale of real estate), as well as land register entries, electricity, oil, and/or gas bills, general utility bills, declarations of division, condominium owners' association (WEG) minutes (resolutions), purchase agreement (in the case of a sale of real estate), or (if the rental of real estate occurs) bank details, identity information, if applicable, CV, proof of income, proof of creditworthiness, landlord confirmation, and 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 by independent real estate consultants cooperating with us – including invoicing and credit checks (The legal basis is Art. 6 para. 1 lit. b GDPR and Art. 6 para. 1 lit. f GDPR; our legitimate interest in transferring data to independent real estate consultants arises from the freedom to choose 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, in particular in connection with the Money Laundering Act; (legal basis is Art. 6 para. 1 lit. c GDPR);
● Promotional information about properties that we or other licensed partners of the Engel & Völkers Group market (legal basis is Art. 6 para. 1 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 pursuant to Art. 6 para. 1 lit. a GDPR, provided that the promotional information is sent to you by email, fax, or telephone. will be.)
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 on the basis of the consent until its withdrawal. If the legal basis is legitimate interest, you are also generally entitled to object at any time to the processing of personal data concerning you on grounds relating to your particular situation. Article 21 GDPR applies in this respect.
If your inquiry (e.g., in connection with a valuation request) concerns offers from other licensed partners of the Engel & Völkers Group, Engel & Völkers will transmit the personal data you have entered in this case to the respective company within the Engel & Völkers Group after obtaining your prior consent.
Please also refer to our information on data transfer in the section III.
Furthermore, in the course of processing a contractual relationship, we transmit personal data to contractual partners (owners, landlords, prospective buyers) and supporting service providers such as notaries, lawyers, property managers, developers, as well as to credit agencies or supervisory authorities (e.g., for anti-money laundering documentation). We may also transmit your data to third parties to the extent legally permissible. Third parties to whom we disclose your personal data, regardless of our service provision, include external consultants (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, and other third parties, provided you instruct us to disclose data or give your consent.
In addition, your personal data will only be shared by us with employees (permanent staff such as employees and freelance real estate consultants). and third-party companies (e.g., IT service providers, hosting providers, etc.) to which we have outsourced services involving data processing as part of commissioned data processing.
4. Transfer of Data to Non-EEA Countries
In addition to the preceding paragraph, “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 required by law, 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) agreed with the recipient by the European Union (Art. 46 GDPR). unless the GDPR provides an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree on 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/United Kingdom 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 relates to Engel & Völkers Group license partners outside the European Union, we will transfer your data to the locally/materially competent license partner after obtaining your consent.
III. We will search for a property for you together with another Engel & Völkers license partner (“referral”)
We will search for a property for you together with another license partner Your data will only be transmitted based on your prior consent. Please note that both we, as your initial contact, and the Engel & Völkers Group licensee to whom your data is transferred, process your personal data. Both we and this licensee are independently responsible for their respective data processing. We and this other licensee do not have access to each other's data and do not process your data jointly. If you wish to exercise your data subject rights, please check beforehand whether you wish to assert them against us or against the other Engel & Völkers Group licensee who 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 contact persons are should you wish to exercise your data subject rights, please refer to the above explanations.
IV. You are submitting an unsolicited application or a Job Posting 1. Purpose of Processing and Legal Basis If the legal basis is your consent, you are entitled 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 are also generally entitled to object to the processing of personal data concerning you at any time on grounds relating to your particular situation. Article 21 GDPR applies in this respect. 2. Disclosure of Data We generally 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 based on a legitimate interest, this will be explained in the following: explained in this privacy policy.
3. Transfer of Data to Non-EEA Countries
In addition to the preceding paragraph, “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 required by law, 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) agreed upon with the recipient by the European Union (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree on additional measures with the recipients to ensure 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/United Kingdom can be requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.
5. Storage and Deletion of Your Data
We store your personal data for the period necessary to achieve the purposes for which the data is collected and further processed, including any retention period required by applicable laws (e.g., maintaining accounting records). In the context of application processes that do not result in employment, your data will be routinely stored for six months for documentation purposes and then deleted, along with the documents you submitted. or destroyed. With your consent to the processing of your data for future application processes, we will retain it for a correspondingly longer period. 