Privacy Policy

Data Protection Notice 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 below. All subsequent personal designations apply equally to all genders.) 1. Controller The controller responsible for the data processing regulated in this data protection notice is "Immovertrieb LS Regensburg GmbH" (hereinafter "we" or "us"). Our contact details are: Immovertrieb LS Regensburg GmbH License partner of Engel & Völkers Commercial GmbH Bahnhofstr. 13 93047 Regensburg regensburgcommercial@engelvoelkers.com Licensed partner of Engel und Völkers 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: Ms. Barbara Vero Barbara.Vero@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 data processing for the future, to restrict it, or to request the deletion of the data. 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, and to 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 can 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, delete 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). ___________________________________________________________________________________________ Overview of our Data Processing Processes Our data protection information below is structured as follows and provides you with an overview of the following data processing processes: I. II. III. IV. V. You visit our company website on the internet. You conclude a search or marketing agreement with us, request a property exposé from us, or commission us to conduct a property valuation. We search for a property for you together with another Engel & Völkers licensed partner (referral). You submit an unsolicited application or an application in response to a job advertisement. Storage and Deletion of Your Data I. Collection and Processing of Personal Data When Visiting Our Company Website We generally only process personal data to the extent that you transmit 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 that we offer on our company website, we require a minimum amount of data. We have marked these mandatory fields with an asterisk. Without the mandatory information, we cannot provide the services marked in this way. 1. Which data do we process from you (below) (You or "user") In connection with 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 determining market prices ("valuations") of properties). Please refer to the "Cookie Notice" of Engel & Völkers GmbH, Vancouverstraße 2a, D-20457 Hamburg, Germany, Email: info@engelvoelkers.com, for a description of the usage-related data processing in connection with the use of cookies and other tracking technologies. 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-price-based 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 the contract or, in the case of using the telephone number 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 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 basis is 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 is your consent, you are entitled to withdraw your consent at any time without affecting the lawfulness of the processing of your personal data carried out based on the 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 on the basis of 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 after obtaining your prior consent or – if legally permissible – on the basis of a so-called 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. The companies belonging to the Völkers Group within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG), as well as the (master) license partners directly or indirectly affiliated with this group by contract, to which we also belong. A current overview can be found here: https://www.engelvoelkers.com/de/unternehmen/standorte/). 4. Transfer of data to non-EEA countries: these license partners. 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 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) 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. II. You enter into 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 an exposé, or commissioning a property valuation, 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 property valuation) details of the property; ● Email address, if you have agreed 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, copy of identification (in the case of the 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 the 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, 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 and Art. 6 I lit. f GDPR; our legitimate interest in connection with the transfer of data to independent real estate consultants arises from the freedom of choice, including the option of using independent brokers or sub-brokers). to fulfill contractual obligations. 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 I lit. c GDPR); ● Promotional information about properties that we or other licensed partners of the Engel & Völkers Group 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 pursuant to 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 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. In this respect, Art. Article 21 GDPR. 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 Section III. Furthermore, in the context 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 for credit checks or to 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 to protect our rights (e.g., Tax authorities, police, public prosecutor's office, courts), potential buyers or acquirers of all or part of our assets and/or activities, and other third parties, insofar as you instruct us to disclose data or give your consent. Furthermore, your personal data will only be disclosed by us to 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 operations under a data processing agreement. 4. Transfer of Data to Non-EEA Countries In addition to the preceding paragraph "Disclosure 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) of the European Union, which have been agreed upon with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree upon 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 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 transferred based on your prior consent. Please note that both we, as your initial contact, and the Engel & Völkers license partner will The Engel & Völkers Group, to which your data is transferred, processes your personal data. Both we and this licensee are independently responsible for the 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 assert 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. Please refer to the above information for details 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 assert your data subject rights. IV. 1. You apply unsolicited or in response to a job advertisement. What data do we process from you? If you apply to us via our website or via a job advertisement, we process your name as well as your address, telecommunications, and application data. Providing your address and telecommunications data, which are listed as mandatory, is necessary to contact you regarding your application and to be able to assign the application. 2. Purpose of the 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 GDPR, possibly in conjunction with Section 26 BDSG (for the scope of application of 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 fulfilling our burden of proof in proceedings under the General Equal Treatment Act (AGG); Art. 6 para. 1 lit. f GDPR). ● Furthermore, we process your personal data on the basis of your previously given consent to inform you about interesting job offers (Art. 6 para. 1 lit. a GDPR). (The legal basis is Article 6(1)(f) GDPR. 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. 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 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 apply via the global online job portal of Engel & Völkers Holding If you have applied to 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 review this information at any time on the global online job portal on the relevant Engel & Völkers Holding GmbH website. 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 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) 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. 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 routinely be stored for six months for documentation purposes and then deleted or destroyed, along with the documents you submitted to us. With your consent to the processing of your data for future application processes, we will retain it for a correspondingly longer period.