Engel & Völkers

Engel & Völkers Münster Commercial

Privacy Policy

Data Privacy Notice

Valid from August 2, 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 data privacy notice is EV Münsterland GmbH (hereinafter "we" or "us"). Our contact details are:

EV Münsterland GmbH

Alter Fischmarkt 8, 48143 Münster

muenster@engelvoelkers.com

License partner of Engel & Völkers Commercial GmbH

2. Data Protection Officer

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

Volker von Jagow

Panoramaweg 17

57482 Wenden, Germany

vj@novus.nrw

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 object to the sending of advertising material or the conducting of 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.

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 obligated to 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.

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). Obligation).

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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 conclude a search or marketing agreement with us, request a property exposé, or commission us to conduct a property valuation

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

IV. You submit an unsolicited application or an application 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 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 a Fields marked with an asterisk (*) are required. Without this mandatory information, we cannot provide the services marked accordingly.

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

As part of your use of 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 for market valuation ("appraisals") of properties).

__________________________________________________________________________________________

Please refer to 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:

● 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, please see section 3 below) or to the company technically implementing the valuation, your consent, and, 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 (the legal basis is the performance of a contract or, if your telephone number is used for advertising purposes, your consent);

● Sending email newsletters about our own offers and advertising for ourselves and third parties to the extent permitted by law or based on your consent (the 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 interest. 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 for processing your personal data 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 also have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you. Article 21 of the 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 to the respective Engel & Völkers Group company after obtaining your prior consent or – where legally permissible – on the basis of a legitimate interest. Beyond this, we will not 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 an up-to-date 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:

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 determined that the country to which personal data is transferred ensures an adequate level of protection (Article 45 GDPR) or the transfer is subject to appropriate safeguards (e.g., standard contractual clauses) agreed upon with the recipient by the European Union (Article 46 GDPR), unless the GDPR provides an exception (Article 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/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.


[This information is not provided in the original text.] II. You enter into a search or marketing agreement with us, request a property brochure, 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 brochure, 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, provided you have consented to receive promotional information, in particular offers or valuations of properties, or 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 through independent real estate consultants cooperating with us – including invoicing and credit checks (legal basis is Art. 6 para. 1 lit. b GDPR and Art. 6 para. 1 lit. f GDPR; our legitimate interest in the transfer of data to independent real estate consultants arises from the freedom to choose to also use independent brokers or... To fulfill contractual obligations to sub-brokers. The legitimate interest in conducting credit checks stems from the legitimate interest in protecting against payment defaults.

● Fulfillment of a legal obligation, particularly 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 direct marketing purposes. The legal basis is also your consent pursuant to Art. 6 para. 1 lit. a GDPR, provided you have given your consent to receive promotional information by email, fax, or telephone).

● 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 GDPR).

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

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 will not be able to enable you to participate in the application process for open positions.

3. 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 processes your personal data during the application process and can review this information at any time on the relevant Engel & Völkers Holding GmbH website via the global online job portal.

4. Disclosure of Data to Non-EEA Countries

In addition to the preceding 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, 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 (Article 45 GDPR) or the transfer is subject to appropriate safeguards (e.g., standard contractual clauses) agreed upon with the recipient by the European Union (Article 46 GDPR), unless the GDPR provides an exception (Article 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/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.


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 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 is routinely stored for six months for documentation purposes and then deleted or destroyed, along with the documents you submitted. With your consent to the processing of your data for future application processes, we will retain it for a correspondingly longer period.

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Engel & Völkers Münster Commercial

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License partner of Engel & Völkers Commercial GmbH

+49-251-609 31-0