Privacy Policy

Privacy Policy

Valid from August 15, 2022.

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 is 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 GBS Immobilien Bodensee GmbH (hereinafter "we" or "us"). Our contact details are:

GBS Immobilien Bodensee GmbH

Konzilstraße 3, 78462 Konstanz

Konstanz@engelvoelkers.com

Licensing partner of Engel & Völkers Residential GmbH

2. Data Protection Officer

If you have any questions about this privacy notice and data protection, please contact our Data Protection Officer:

Frauke Kewitsch, GBS Immobilien Bodensee GmbH, Konzilstraße 3, 78462 Konstanz, Frauke.Kewitsch@engelvoelkers.com

3. Your rights as a data subject

Finally, you can object to receiving promotional 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

- object to the processing of your personal data

- lodge a complaint with a supervisory authority.

Furthermore, 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.

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 your 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 to, or may not, erase data that we are legally obligated to retain for a certain period. Data that we need for the establishment, exercise, or defense of legal claims is also excluded from your right to erasure. 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 we are legally obligated to do so. We may be required to disclose your personal data to the relevant authorities or law enforcement agencies. Legal basis: Art. 6 para. 1 sentence 1 lit. c GDPR (legal obligation).

___________________________________________________________________________________________

Overview of our data processing activities

Our data protection information below is structured as follows and provides you with an overview of the following data processing activities:

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. [3]

III. We will find a property for you together with another Engel & Völkers licensed partner (referral)

IV. You submit an unsolicited application or apply for a job posting V. Storage and Deletion of Your Data

I. Collection and Processing of Personal Data When You Visit Our Company Website

We generally only process personal data if you provide 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. provide.

1. What data do we process from you (hereinafter "you" or "user")?

When you use our company website, we process personal data, specifically: 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., when submitting contact requests, newsletter mailings, and determining the market price ("valuation") of real estate).

__________________________________________________________________________________________

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 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:

● Fulfilling contact requests (The legal basis is the performance of the contract and, in the case of the transfer of user data to other license partners of the Engel & Völkers Group (for the definition, please see section 3 below), your consent.)

● If applicable, fulfilling the request for a market-priced valuation of the property described by the user and the associated expressed interest in selling (The legal basis is the performance of the contract and, in the case of the user entering contact details and their transfer to a factually or geographically responsible license partner of the Engel & Völkers Group (for the definition, see section 3 below), your consent.) Please provide your consent (see section 3 below) or to the company technically implementing the evaluation, as well as, in the case of using the contact details for direct marketing, the legitimate interest in marketing our own services or your consent);

● Contacting you by telephone (legal basis is the performance of the contract or, in the case of using the telephone 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 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 Article 6(1)(a) GDPR if the processing is based on consent, Article 6(1)(b) GDPR if the processing is based on a (possibly pre-contractual) contractual relationship, and Article 6(1)(f) GDPR if the processing is based on our legitimate interests. Where processing personal data is necessary for compliance with a legal obligation to which we are subject, Article 6(1)(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 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 your personal data at any time on grounds relating to your particular situation. Article 21 GDPR applies in this respect.

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 with this group, either directly or indirectly, to which we also belong. You can find a current overview of these license partners here: https://www.engelvoelkers.com/de/unternehmen/standorte/). ...

4. Transfer of Data to Non-EEA Countries

In addition to the above 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 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 can be requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information. 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 (legal basis is Art. 6 I lit. b GDPR as well as Art. 6 Article 6(1)(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 Article 6(1)(c) GDPR);

● Promotional information about properties that we or other licensed partners of the Engel & Völkers Group market (legal basis is Article 6(1)(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 Article 6(1)(a) GDPR, provided that the promotional information is sent 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 before 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 DSGVO applies in this respect.

3. Disclosure of Data

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, we only share your personal data with employees (permanent employees 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 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 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 responsible license partner after obtaining your consent.

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

If we search for a property for you together with another license partner, your data will only be processed based on your prior consent. transmitted by you. 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 an application in response to a job advertisement

What data do we process from To you When you apply to us via our website or a job advertisement, we process your name, address, contact information, and application data. Providing your address and contact information, which are listed as mandatory, is necessary so that we can contact you regarding your application and process it. Purpose of Processing and Legal Basis We process your personal data for the following purposes:

● Reviewing your application for employment within our company (legal basis is Art. 6 para. 1 lit. b DSGVO, possibly in conjunction with Section 26 BDSG (for the Federal Republic of Germany)).

● Defending against any legal claims that may be asserted against us arising from the application process, if necessary (legal basis is our legitimate interest in protecting your burden of proof in proceedings under the General Data Protection Regulation). Equal Treatment Act (AGG); Art. 6 para. 1 lit. f DSGVO.).

● Furthermore, we process your personal data based on your prior consent to inform you about interesting job opportunities (legal basis is Art. 6 para. 1 lit. a DSGVO).

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. In this respect, Art. 21 DSGVO applies.

We need 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 allow you to participate in the application process for open positions. enable.

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 this privacy policy.

If you applied via the global online job portal of Engel & Völkers Holding GmbH, your application documents were forwarded to us by Engel & Völkers Holding GmbH. You learned how Engel & Völkers Holding GmbH processed your personal data during the application process and can read about it at any time on the corresponding Engel & Völkers Holding GmbH website via the global online job portal.

Disclosure of Data to Non-EEA Countries

In addition to the preceding paragraph “Disclosure of your The following applies to personal data:

Recipients of personal data may be located outside the EWR/UK. If personal data is transferred to locations outside the EWR/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 DSGVO) or the transfer is subject to appropriate safeguards (e.g., standard contractual clauses) agreed upon with the recipient by the European Commission (Art. 46 DSGVO), unless the DSGVO provides for an exception (Art. 49 DSGVO). 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/UK are available upon request. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information is required.