Engel & Völkers Immobilien GmbH Data Protection Statement for Mobile Applications (Apps)
This Privacy Policy for the use of the Engel & Völkers property app (hereinafter also referred to as the “app”) is valid as of 25 May 2018.
Engel & Völkers AG, Vancouverstraße 2a, 20457 Hamburg, Germany (hereinafter also referred to as “Engel & Völkers”), as the operator of the app and the controller in terms of data protection law, is responsible for the protection of the personal data of users when using the app.
Engel & Völkers specifically processes the following personal data when the app is used:
- Email address, first name, last name, title, address, phone number, which are provided by users for contact requests;
- The usage data of the respective app user are stored every time the app is accessed. These data are: Operating system and, where applicable, type of browser used, current smartphone language settings, information about the user’s internet service provider, name of the site accessed and, where applicable, the referring site, date and time of access, amount of data transferred, status notification on the success of access, session identification number.
Purpose of processing and legal basis
Engel & Völkers processes the personal data of app users for the following purposes:
- Responding to user enquiries. (The legal basis for the data processing is the consent of the user).
- Ensuring app functionality, optimising the app and ensuring the security of the IT systems of Engel & Völkers. (The legal basis is the legitimate interest of Engel & Völkers to ensure that the Engel & Völkers service may be used securely and easily and in accordance with requirements).
- Services of the companies in the Engel & Völkers Group are offered within the app. This includes, for example, the real estate search, an online market place on which properties are offered by agents in the Engel & Völkers group, which operates worldwide (also referred to as “providers”). The user may contact the providers shown in the app directly, without contact details being stored by Engel & Völkers. The worldwide Engel & Völkers Group includes Engel & Völkers AG and its affiliated companies in Germany and abroad as defined in Section 15 et seq. of the German Stock Corporation Act (Aktiengesetz), and (master) licence partners (hereinafter also referred to as the “Engel & Völkers Group”). Please click here for an overview of current licence partners: https://www.engelvoelkers.com/de/unternehmen/standorte/. If you use these services and provide personal data on your person in this context, or give your consent for data to be stored, use of your data will be governed by the data protection regulations of the provider. (The legal basis of the data processing is, alongside the consent of the user, also the legitimate interest of Engel & Völkers and the provider to perform direct advertising).
Where Engel & Völkers obtains the consent of users for the processing of personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) forms the legal basis. Where the data processing is required to maintain a legitimate interest of Engel & Völkers or its provider and the interests, basic rights and basic freedoms of the data subject do not outweigh said legitimate interest, Art. 6 (1) (f) GDPR forms the legal basis for processing.
Type of personal data provision and the consequences of refusal
The provision of personal data by the user is voluntary. You can freely decide whether to provide personally identifiable data to Engel & Völkers and you may revoke previously declared consent to the processing of personal data.
Type of personal data provision and the consequences of refusal
Users’ personally identifiable data is only processed where necessary and is processed exclusively electronically, in particular by: Collection, registration, organisation, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, access and communication, blocking, deletion and destruction of data. Processing operations can be performed electronically and non-electronically.
Access to data
The personally identifiable data is processed by Engel & Völkers, in particular by:
- Employees and consultants who are authorised to administer the app and provide the related services;
- Third-party companies (e.g. IT service providers, hosting providers, etc.) to which Engel & Völkers has outsourced services with processing operations as part of order processing.
- The Engel & Völkers Group includes providers who offer properties in the real estate search and to whom the user sends a contact request.
Information regarding data
As the responsible body, we can provide information about your personal data. This information can only be provided for the following purposes:
- to fulfilment legal obligations or obligations under regulations and directives of national or European legislation;
- for defence in court in the event of litigation.
Transfer of data
If you use products of companies in the Engel & Völkers Group and contact the same in the app, Engel & Völkers will transmit the personally identifiable data you enter in this case to the respective company from the Engel & Völkers Group that you have requested to contact. As Engel & Völkers is unable to monitor the use of your data by the respective company in the Engel & Völkers Group, you should seek information about their handling of your data before using their services.
There will be no further transfer of your personally identifiable data by Engel & Völkers.
Transfer of data to non-EEA countries
Where requests are made to providers domiciled in a non-EEA country, Engel & Völkers will transfer the request to the respective country.
In general, Engel & Völkers does not otherwise transfer personally identifiable data to non-EEA countries. The servers used by Engel & Völkers are located within the European Union.
In cases where personal data is transferred to countries that do not offer the same level of protection as is offered within the European Union and you have not expressly consented to the transfer of your data to those countries, Engel & Völkers will ensure that certain contractual obligations are met in accordance with applicable data protection law (including the implementation of the standard contractual clauses approved by the European Commission) with each service provider, unless Engel & Völkers can invoke other legal grounds for the transfer of personal data.
Storage or deletion of data
Engel & Völkers stores personally identifiable data for the time necessary to fulfil the purposes for which said data is collected and processed, including any retention period required by applicable law (e.g. retention of accounting records), in each case for a maximum of 24 months after the collection of personally identifiable information.
Use of cookies and other tracking by Engel & Völkers
Engel & Völkers requires statistical information about app usage to be able to improve its user-friendliness. Engel & Völkers uses the following analysis tools for this purpose. The tool providers process data, insofar as personal data are processed, as a third-party processor in accordance with the instructions of Engel & Völkers.
You can find out here about the cookies used by the app.
Google Analytics
Google Analytics is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). We use Google Analytics with the additional IP address anonymisation function offered by Google: This means that IT addresses are shortened by Google, usually within the EU and only in exceptional cases in the USA, and in all cases stored in shortened form. The privacy policy is available here: https://privacy.google.com/businesses/processorterms/
If you wish to object to tracking by Google Analytics in iOS (opt out), please enter the system settings and, in the “Engel & Völkers real estate search” app, deactivate access by Google Analytics in the tracking section.
If you wish to object to tracking by Google Analytics in Android (opt out), please enter the app settings and deactivate access by Google Analytics.
HockeyApp
HockeyApp is provided by Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). We use HockeyApp for error analysis and to improve the app. In the event of an app crash, users may consent to the sending of a crash report to HockeyApp. Crash reports include information on the date and time of the crash, the software module affected, the operating system and language used, and the device type and IP address. Crash reports are only sent to HockeyApp once specific consent has been given. The information contained in the crash report may in part be processed in the USA. HockeyApp is a Microsoft service. Legal information is available here: https://azure.microsoft.com/de-de/support/legal/. The privacy policy is available here: https://www.microsoft.com/de-de/privacystatement/OnlineServices/Default.aspx
Crashlytics
Crashlytics is an analysis tool offered and operated by Crashlytics Inc., domiciled in Cambridge MA, USA. Crashlytics creates crash reports, i.e. reports about malfunctions or loss of functions of the app, where and how such errors occurred, how many app users are affected, etc. Engel & Völkers uses these reports to learn of malfunctions or loss of functions, to be able to react more quickly and in a more targeted and efficient way in the interest of users, and to be able to carry out the appropriate technical improvements to the app. To this end, Crashlytics together with the Symphony-related app ID of the user, which may be deleted at any time, logs data related to the crash and general data of the respective IT environment (particularly the terminal, the mobile network provider and the operating system used). Where this includes personal or pseudonymised data, these are deleted by Crashlytics within seven days. This information allows Crashlytics, and consequently Engel & Völkers, to learn about whether and how the app functions and is used, including, particularly, the functional errors and losses which occur. More information is available at try.crashlytics.com/terms/privacy-policy.pdf.
Data subjects’ rights
You are entitled to receive information about the processing of your personal data (for example the origin of this data, the purpose of the processing, the modalities of data processing). Furthermore, you are entitled under certain conditions to object to the data processing for the future, to restrict this or to demand deletion of the data.
To summarise, you have the right to
- information
- rectification
- deletion (or to be forgotten)
- limitation of data processing
- data portability
- object to processing of your personal data
- complain to supervisory authorities
Please note that your right to deletion is subject to limitations. We are, for example, not allowed to delete data which we are required to retain due to statutory duties of retention. Data which we require to assert, exercise or defend against legal claims are also excluded from your right to deletion.
To exercise the above rights and request information, users can write to the following email address info@engelvoelkers.com or the postal address Engel & Völkers AG, Hübenerstraße 2, 20457 Hamburg, Germany. In the same way, users can revoke, correct and delete the processing of their data at any time.
Contacts
The responsible body for data processing is Engel & Völkers AG, Vancouverstraße 2a, 20457 Hamburg, Germany. If you have any questions about our data processors, we will gladly provide you with an up-to-date list of them.
If you have any questions about this Privacy Policy and about data protection, please contact Engel & Völkers' external data protection officer:
Dr. Stefanie Wegener
Mittelweg 10
20148 Hamburg, Germany
Swegener@wegener-ra.de
If you have a complaint about the way we process your data, you can lodge your complaint with the supervisory authority.
This is:
Freie und Hansestadt Hamburg
Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit
Prof. Dr. Johannes Caspar
Klosterwall 6 (Block C), 20095 Hamburg
mailbox@datenschutz.hamburg.de