Engel & Völkers this that

Privacy Policy

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Privacy Policy of Engel & Völkers Immobilien Deutschland GmbH

Valid from August 15, 2022.

Controller and Your Rights as a Data Subject *

(*Gender note: For reasons of better readability, the simultaneous use of the language forms male, female, and diverse (m/f/d) is omitted. All personal designations below apply equally to all genders.)

1. Controller

The controller for the data processing regulated in this privacy policy is Engel & Völkers Immobilien Deutschland GmbH (hereinafter "we" or "us").

Our contact details are:

Engel & Völkers Immobilien Deutschland GmbH

Vancouverstraße 2a

20457 Hamburg

Germany

Info.coodach@engelvoelkers.com

Licensed partner of Engel & Völkers Residential GmbH and Engel & Völkers Völkers Commercial GmbH

2. Data Protection Officer

If you have any questions about this privacy policy and data protection, please contact our data protection officer:

Dr. Stefanie Wegener

Mittelweg 10

20148 Hamburg

Germany

Swegener@wegener-ra.de

3. Your rights as a data subject

You have the right to information about the processing of your personal data (e.g., the origin of this data, the purpose of processing, and the modalities of data processing). Furthermore, under certain conditions, you are entitled to object to future data processing, to restrict it, or to request the deletion of the data. Finally, they can prevent the sending of advertising material or the conduct of market research or commercial communications at any time.

In summary, you have a right to

- information,

- rectification,

- erasure (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 to the processing of your personal data for direct marketing purposes at any time. If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.

According to Article 7(3) of the EU General Data Protection Regulation (hereinafter "GDPR"), you can revoke your consent at any time. This means that we may no longer continue to process data based on this consent in the future.

Please note that your right to erasure is subject to restrictions. For example, we are not required or permitted to delete data that we are required to retain due to statutory retention periods. Data that we need to assert, exercise, or defend legal claims is also excluded from your right to erasure.

If you have a complaint about the way we process your data, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your residence, place of work, or place of the alleged infringement.

We reserve the right to withdraw your consent in the event of a legal obligation. We reserve the right to disclose information about you if we are required to do so by lawful authorities or law enforcement agencies. Legal basis: Art. 6(1)(c) GDPR (legal obligation).

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Overview of our data processing procedures

Our following privacy policy is structured as follows and provides you with an overview of the following data processing procedures:

I. You visit us on our company website.

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

III. We search together with another angel & Völkers License Partner a property for you (transfer)

IV. You apply speculatively 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 on the Internet

We generally only process personal data if 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 the 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 this mandatory information with an "asterisk." Without this mandatory information, we cannot provide the services marked with this information.

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

As part of your use of our company website, we process personal data, namely:

Email address, first name, last name, title, address, telephone number, property data – referred to in this privacy policy as "data" or "personal data"), which you provide in the case of the services offered on our company website (e.g., in the context of contact inquiries and newsletter mailings, as well as market price determination ("Valuation") of real estate).

___________________________________________________________________

Please refer to the description of usage-related data processing in connection with the use of cookies and other tracking technologies in the "Cookie Notice" of

Engel & Völkers GmbH

Vancouverstraße 2a

20457 Hamburg

Germany

E-mail: 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:

● Fulfillment of contact requests (The legal basis is the fulfillment 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 necessary. Fulfillment of the request for a valuation of the property described by the user based on the market price and the interest in selling thus communicated (the legal basis is the fulfillment of the contract and, in the case of the user entering contact details and their forwarding 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 the use of the contact details for direct marketing, the legitimate interest in marketing our own services or your consent);

● Contact by telephone from us (the legal basis is the fulfillment of the contract or, in the case of the use of 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 (the legal basis is either your consent or our legitimate interest in direct marketing, as long as the marketing is carried out in compliance with data protection and competition law requirements);

In summary:

The legal basis for the processing of personal data is Art. 6 (1) sentence 1 (a) GDPR, provided that the processing is based on consent, Art. 6 (1) sentence 1 (b) GDPR, provided that the processing is based on a (possibly pre-contractual) contractual relationship, and Art. 6 (1) sentence 1 (f) GDPR, provided that the basis is our legitimate interest. To the extent that the processing of personal data is necessary to fulfill a legal obligation to which we are subject, Art. 6 (1) (c) GDPR serves as the legal basis.

If the legal basis is your consent, you are entitled to revoke 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 revocation. 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 for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.

3. Disclosure of your personal data

Your personal data will generally only be disclosed to third parties if this is necessary to fulfill the contract, if we or the third party have a legitimate interest in the disclosure, if there is a legal obligation, or if you have given your consent. If data is transmitted 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 in the Engel & Völkers Group, we will transmit the personal data you entered in this case to the respective company in the Engel & Völkers Group. Völkers Group with your prior consent or – where legally permissible – on the basis of a so-called legitimate interest. We will not disclose your personal data beyond this.

When we refer to the "Engel & Völkers Group" within this privacy policy, we mean the companies belonging to the Engel & Völkers Group within the meaning of 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, 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 "Disclosure 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) of the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides an exception (Art. 49 GDPR). In addition, we intend, where necessary, to agree additional measures with 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 agreement with us, request an exposé from us, or commission us to carry out a property valuation.

1. What data do we process from you?

When searching for, selling, or renting a property, requesting an exposé, or evaluating a property, the following personal data is regularly processed:

● First name, last name, title, address, telephone number, information about the property you are looking for (in the case of a property search) or (in the case of property marketing or property evaluation) information about the property;

● Email address, if you have agreed to receive promotional information, in particular regarding offers or valuations of real estate, or if you wish to be communicated by email;

● and (if the property is being bought/sold or rented) bank details, identity information, ID copy (if the property is being bought/sold), land register, electricity, oil, and/or gas bills, general itemized cost statements, declarations of division, condominium protocols (decisions), purchase agreement (if the property is being sold) or (if the property is being rented) bank details, identity information, if applicable, CV, proof of salary, 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 through 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 the transfer of data to independent real estate consultants arises from the freedom of choice 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 bad debts.);

● Fulfillment of a legal obligation, particularly in connection with the Money Laundering Act; (The legal basis is Art. 6 I lit. c GDPR);

● Advertising information about properties that we or other license partners of Engel & Völkers Group marketing (the legal basis is Art. 6 I lit. f GDPR; our legitimate interest arises from the processing of personal data for the purposes of direct marketing. Your consent pursuant to Art. 6 I a GDPR also forms the legal basis, provided that the advertising information is sent to you by email, fax, or telephone.)

If your consent is the legal basis, you are entitled to revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until the revocation. 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 for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.

3. Sharing of Data

If your inquiry (e.g., in connection with a valuation request) concerns offers from other license partners of the Engel & Völkers Group, Engel & Völkers will transmit the personal data you enter in this case to the respective company within the Engel & Völkers Group with your prior consent.

In this context, please also read our information on transfer in Section III.

Furthermore, as part of the processing of a contractual relationship, we transmit personal data to contractual partners (owners, landlords, search clients) and supporting service providers such as notaries, lawyers, property managers, developers, as well as in the context of credit reports or to regulatory authorities (such as money laundering documentation). We may also transmit your data to third parties within the scope of what is legally permissible. Third parties to whom we disclose your personal data, independent of our service provision, include external consultants (e.g., lawyers and auditors), authorities within the scope of their jurisdiction to comply with legal obligations and/or protect our rights (e.g., tax authorities, police, public prosecutors, 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 provide your consent.

In addition, we will only share your personal data 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 whom we have outsourced processing operations as part of a contract processing agreement.

4. Transfer of data to non-EEA countries

In addition to the above paragraph "Disclosure 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) of the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides an exception (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 license partners of Engel & Völkers Group outside the European Union, we will transmit your data to the locally/relevant license partner with 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 Engel & Völkers 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 license partner to whom your data is forwarded, process your personal data. Both we and this license partner are independently responsible for the respective data processing. We and this other license partner do not have access to each other's data and do not process your data jointly. If you wish to assert your data rights, please check in advance whether you wish to assert them against us or against the other license partner of the Engel & Völkers Group who also processes your data.

Please see the above information 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 if you wish to assert your data rights.

IV. You are applying speculatively or in response to a job advertisement.

1. What data do we process from you?

If you apply to us via our website or via a job advertisement, we process your name, address, telecommunications, and application data. Providing your address and telecommunications data, which are listed as mandatory information, is necessary in order to contact you regarding your application and to assign it to your application.

2. Purpose of processing and legal basis

We process your personal data for the following purposes:

● Reviewing your application for employment within our company (the legal basis is Art. 6 I lit. b GDPR, if applicable in conjunction with Section 26 BDSG (for the scope of application of the Federal Republic of Germany)).

● Defending against any legal claims asserted against us arising from the application process, if necessary (the legal basis for this is our legitimate interest in fulfilling your burden of proof in proceedings under the General Equal Treatment Act (AGG); Art. 6 I lit. f GDPR).

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

If the legal basis is your consent, you are entitled to revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until the revocation.

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 for reasons arising from your particular situation. Art. 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

If you have applied via the global online job portal of Engel & Völkers Holding GmbH, your application documents were sent to us by Engel & Völkers Holding GmbH. As Engel & Völkers You learned about how Völkers Holding GmbH processes your personal data during the application process, and you can find out more about it at any time via 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 above paragraph "Transfer of your personal data", the following applies:

Furthermore, 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 requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.

V. Storage and Deletion of Your Data

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

For application processes that end without employment, your data will generally be stored for a further six months for documentation purposes and then deleted or destroyed, along with any documents sent to us. With your consent to process your data for future application processes, we will also retain it for a correspondingly longer period.

Terms and Conditions