Privacy-Policy

Privacy policy for use of the Engel & Völkers Gewerbe Berlin GmbH & Co. KG website

(Valid as of: May 2020)


Our company respects and protects the privacy of all users of our website. We have always attached great importance to the security of your personal data. The following privacy policy provides you with an overview on which personal data we collect when you visit our websites https://www.engelvoelkers.com/de-de/berlin/ and https://www.engelvoelkers.com/de-de/berlincommercial/



1. Who is responsible for data processing and who can you contact?

Engel & Völkers Gewerbe Berlin GmbH & Co. KG belongs to the global Engel & Völkers Group. This includes Engel & Völkers AG and its domestic and foreign affiliated companies within the meaning of Articles 15 ff. Company Law (Aktiengesetz) and (master) licence partners.

In accordance with Article 4 (7) of the EU General Data Protection Regulation (GDPR), the responsible authority is:

Engel & Völkers Gewerbe Berlin GmbH & Co. KG, represented by the general partner Engel & Völkers Gewerbe Berlin Verwaltungs-GmbH, HRB 103004 B, Managing Directors: Nicolas Jeissing, Rackham F. Schröder

Joachimsthaler Straße 1
10623 Berlin

Telephone: 030 203460
Fax: 030 203461346
E-mail: BerlinCommercial.Datenschutz@engelvoelkers.com


If you have questions about data protection, please contact:

Igor Tunjic
Engel & Völkers Gewerbe Berlin GmbH & Co. KG
Joachimsthaler Straße 1
10623 Berlin

Telephone: 030 203460
Fax: 030 203461346
E-mail: BerlinCommercial.Datenschutz@engelvoelkers.com

When you contact us by e-mail or through a contact form, the information you provide (your e-mail address, your name and telephone number, if applicable) will be stored by us so that your questions can be answered. We delete the data arising from this context after the storage is no longer required, or restrict the processing if there are statutory retention requirements.



Our external data protection officer can be reached at:

Dr. Stefanie Wegener
Mittelweg 10
20148 Hamburg

Telephone: + 49 40 22697524
Fax: + 49 40 22697526
E-mail: swegener@wegener-ra.de


2. Your rights as a data subject

As a person affected by data processing, you have the right of access under Article 15 GDPR, the right of rectification under Article 16 GDPR, the right of cancellation under Article 17 GDPR, the right to restriction of processing under Article 18 GDPR, the right to object under Article 21 GDPR and the right to data portability under Article 20 GDPR. With regard to the right of access and the right of cancellation, the restrictions under Articles 34 and 35 Federal Data Protection Act (BDSG-new) apply. You also have the right to lodge a complaint with a supervisory authority (Article 77 GDPR in conjunction with Article 19 BDSG-new). You may revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent that were issued to us before the date of application of the EU General Data Protection Regulation, i.e. before 25 May 2018. Please note that the revocation is only valid for the future. Any processing that occurred before the revocation is not affected.


3. Information about your right to object under Article 21 of the EU General Data Protection Regulation (GDPR)

You have the right, at any time, for reasons arising out of your particular situation, to object to the processing of personal data relating to you, pursuant to Article 6 (1) (e) GDPR (data processing for reasons of public interest) and Article 6 (1) (f) GDPR (data processing based on a balance of interests); this also applies to the practice of profiling within the meaning of Article 4 (4) GDPR. If you object, we will no longer process your personal information unless we can establish compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purposes of asserting, exercising or defending legal claims. In some cases, we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct marketing activities. Should you formally object to this processing for direct marketing, we will no longer process your personal data for these purposes.


The objection must not be drawn up in a particular form and should be addressed to:

Engel & Völkers Gewerbe Berlin GmbH & Co. KG
Mr. Igor Tunjic
Joachimsthaler Straße 1
10623 Berlin

Telephone: 030 203460
Fax: 030 203461346
E-mail: BerlinCommercial.Datenschutz@engelvoelkers.com


4. Collection of personal data for informative use of our website

In the case of merely informative use of the website, i.e. if you do not register or otherwise provide us with information, we will only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically required for us to display our website, as well as to ensure its stability and security (the respective legal basis is Article 6 (1) (1) lit. f GDPR):

    •    IP address
    •    Date and time of the request
    •    Time zone difference to Greenwich Mean Time (GMT)
    •    Content of the request (specific webpage)
    •    Access status/HTTP status code
    •    Respectively transmitted amount of data
    •    Website from which the request comes
    •    Browser
    •    Operating system and its interface
    •    Language and version of the browser software.


5. Which sources and data do we use for offers beyond the informative visit to the website?

In addition to the purely informative use of our website, we offer various services that you can use if you are interested. To do this, you will generally need to enter other personal information, which we will then use to provide the service and to which the aforementioned data processing principles apply.

We process personal data that we receive from customers and/or prospective customers or their authorised representatives or employees in initiating business transactions and/or as part of the contractual relationship. We also process personal information when you visit our websites (including social media channels such as Facebook, Instagram, etc.). This means that we collect your personal data if you are interested in our products, if you register on our websites, if you contact us via e-mail, telephone or via a contact form or use our products and services as part of an existing business relationship.

In addition, to the extent necessary for the provision of our services, we process personal data that we have legitimately received from other companies of the Engel & Völkers Group or other third parties (e.g. to execute orders, to fulfil contracts or on the basis of consent which you have provided). In addition, if necessary for our service, we process personal data that we have legitimately gained from publicly available sources (e.g. debtor lists, trade and association registers, press, media, Internet).


Relevant personal data includes:

• Personal identification information
e.g. First and last name, title, position/function, date of birth, private and office address, private and office telephone number/mobile number, private and office e-mail address, fax number

• Order and contract data
e.g. Information on your product or contractual interests (details of your searched or offered real estate properties) and property documents, property data, data from the fulfilment of our contractual obligations, copies of correspondence/communication contents

• Data concerning your financial situation
e.g. Credit information, payment history, entries with credit bureaus, late payments, information regarding income

• Information on interests and needs that you have communicated to us
e.g. Information about participation in direct marketing activities

And possibly other data comparable to these categories.


6. Why do we process your data? (processing purpose)

In accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG-new), we process the aforementioned personal data:


a) To fulfil contractual obligations (Article 6 (1) (b) GDPR)

The processing of personal data takes place in order to provide our real estate services in the context of fulfilment of the contractual relationship with you or to carry out pre-contractual measures that take place at your request.

The purpose of the data processing is primarily based on your specific product/service interests and may include, but is not limited to, consulting with regard to real estate, the brokerage of real estate, and the search for or the offer of real estate properties. In addition, data processing may also take place to analyse your needs and to determine whether a product or service is suitable for you. Other purposes include:

• Implementation of contractual relationships that have been concluded with you
• Answering and processing your enquiries
• Enabling users to be registered on websites
• Providing services made available through our websites (e.g. administration of the registration process and access to the user account, etc.)
• Supporting customers and prospective customers
• Accounting, bookkeeping and collecting payments
• Documenting and managing customer relationships
• Customer consultation
• Complaint management
• Terminating contractual relationships with you
• Offering products and services


b) As part of the balance of interests condition (Article 6 (1) (f) GDPR)

If necessary, we process your data in addition to the actual fulfilment of the contract in order to protect our own legitimate interests or those of third parties. Examples:

• Strengthening the customer relationship
e.g. Customer loyalty measures, including invitations to events, market research and opinion polls, as long as you have not objected to the use of your data.

> Potential needs for products and services, as well as the suitability of our products and services
> Data gained from a business relationship with customers when selecting target groups for marketing activities.

• Direct advertising
For example, we may send you letters or e-mails containing current real estate offers, information about current services and products, as well as news about our company and topics relating to the real estate sector (e.g. newsletters). We send out our GG Magazine covering topics such as lifestyle, personalities and real estate. We invite you to events. We make you offers on our websites (including social media channels such as Instagram and Facebook).

• Addressing and contacting you in the event that a third party is interested in purchasing real estate owned either by you or a third party represented by you.

• Asserting legal claims and the exercise of defence in legal disputes.

• Ensuring the IT security and IT operations of our company, e.g. technical management of our websites and their operational functions, including solving technical problems, statistical analysis, testing and research.

• Measures for business management and the further development of products and services.

• Measures for your security or the security of third parties or our company in order to prevent and efficiently detect fraudulent activities or abuses and possible offenses, as well as the requirements of the law to maintain a secure website.

• Consultation and data exchange with credit bureaus (e.g. Schufa, Creditreform) to identify potential credit risks or default risks.

• Our websites offer services, including the search for real estate, a so-called online marketplace, in which real estate is offered for the purpose of brokerage by the global Engel & Völkers Group. The user has the possibility to directly enter into communication with the respective providers who contact the website, without this contact data being stored by our company. The contact information provided for this purpose is: first name, surname, e-mail address (as required fields), as well as telephone numbers, street, street number, postal code (if specified by the user). If you use these services and provide personally identifiable information about yourself or give permission to store data, the use of your data is subject to the privacy policies of the provider.


c) Based on your consent (Article 6 (1) (a) GDPR)

If you have given us consent to process personal data for specific purposes, the legality of this processing is based on your consent.

Consent that has been previously issued may be revoked at any time. This also applies to the revocation of declarations of consent that were issued to us before the date of application of the EU General Data Protection Regulation, i.e. before 25 May 2018. Please note that the revocation is only valid for the future. Any processing that occurred before the revocation is not affected.



d) Due to legal requirements (Article 6 (1) (c) GDPR)

In addition, our company is subject to various legal obligations (e.g. resulting from stipulations of the Money Laundering Act or tax laws). The purpose of the processing includes, among other things, the fulfilment of tax control and reporting obligations, and the prevention of fraud and money laundering.


7. Who has access to your data?

Within our company, only those administrators have access to your data who require it to fulfil our contractual and legal obligations, to fulfil your orders, to respond to your requests and/or to protect our legitimate interests (e.g. staff (permanent employees and independent real estate consultants) from customer service, from the IT department, or the areas of marketing, finance, administration and accounting).

Outside our company, your data will only be disclosed if required by law, if you have consented to this, if this is necessary to fulfil our contractual obligations or your orders, or to ensure compliance with the provisions of the EU General Data Protection Regulation/Federal Data Protection Act or any other legal basis for disclosure. Under these conditions, recipients of personal data could be:

Public authorities and institutions, supervisory authorities and bodies, judiciary administrations/law enforcement agencies, lawyers, notary publics and accountants with a legal or regulatory obligation; our licensor Engel & Völkers AG, Engel & Völkers Technology GmbH or other companies of the Engel & Völkers Group (e.g. if you use the offers of other companies of the Engel & Völkers Group on our websites and have contacted them, or if you have contacted us with regard to the other offers from other companies of the Engel & Völkers Group. In these cases, the personal data you have entered will be transmitted to the respective company of the Engel & Völkers Group, resulting from the contact details); independent real estate consultants/brokers; service providers/processors to whom we provide personal information for the purpose of conducting a business relationship, including support/maintenance of IT applications (e.g. IT service providers or hosting providers, data archiving, data destruction, marketing, printing services, debt collection); providers who offer real estate as part of a property search and to whom the user sends a contact request.


8. Will your data be transmitted to a third country or an international organisation?

The servers used by our company are located within the European Union. A transfer of data to countries outside the European Union or the European Economic Area will only take place if this is necessary for the execution of your order, if it is required by law, if you have given us your consent or as part of order data processing. If service providers or other third parties are deployed in a third country (a state outside the European Economic Area), they will be obliged to comply with data protection standards in the European Economic Area in addition to written instructions under the EU Standard Contractual Clauses Agreement, unless another legal basis exists for the transfer of personal data. This also applies to companies of the Engel & Völkers Group.

PLEASE NOTE: Under no circumstances will we sell personal information to third parties.


9. How long will your data be stored?

We process and store your personal information for as long as it is necessary to safeguard the above-mentioned processing purposes, in particular for the fulfilment of our contractual and legal obligations and/or your orders.

Should the data no longer be required to fulfil contractual or legal obligations or your orders, it will be deleted on a regular basis, unless further – temporary – processing is required for the following purposes:

• Fulfilment of commercial and tax retention periods: In particular, the Commercial Code, the Tax Code, the Banking Act, the Money Laundering Act and the Securities Trading Act can be mentioned in this context. The deadlines for storage and documentation are two to ten years.

• Preservation of evidence in the context of statutes of limitations: According to Section 195 ff. of the German Civil Code (BGB), these limitation periods can be up to 30 years, although the regular limitation period is three years.


10. Newsletter

You can choose to subscribe to our newsletter, by means of which we will inform you about our current interesting offers. The advertised goods and services are identified in the declaration of consent. To register for our newsletter, we use the so-called double opt-in procedure. This means that after you have registered, we will send an e- mail to the e-mail address you have specified, in which we will ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration, your information will be blocked and automatically deleted after one month. In addition, we will store your IP addresses and times of registration and confirmation. The purpose of this procedure is to verify your registration and, if necessary, to be able to clarify any possible misuse of your personal data. The only information needed for the transmission of the newsletter is your e-mail address and your name. After your confirmation, we will save your e-mail address and your name for the purpose of sending you the newsletter. The respective legal basis is Article 6 (1) (1) lit. a GDPR.

You can revoke your consent to receiving the newsletter and unsubscribe from the newsletter service at any time. You can declare the revocation by clicking on the link provided in each newsletter e-mail, by sending an e-mail to BerlinCommercial.Datenschutz@engelvoelkers.com or by sending a message to the relevant contact listed in the imprint.

Please note that upon transmission of the newsletter, we evaluate your user behaviour. For this evaluation, the e-mails which are sent include so-called web beacons or tracking pixels that represent one-pixel image files that are stored on our website. For the evaluations, we link the data mentioned in Section 4 and the web beacons with your e-mail address and an individual ID. Links included in the newsletter also contain this ID. With the data obtained in this way, we create a user profile to tailor the newsletter to your individual interests. In doing so, we record when you read our newsletters and which links you click on, and from this information we derive your personal interests. We link this data with actions that you perform on our website.

You may object to this tracking at any time by clicking on the separate link provided in each e- mail or by e-mailing us at BerlinCommercial.Datenschutz@engelvoelkers.com.

The information will be stored as long as you continue to subscribe to the newsletter. After you log out, we store the data in purely statistical and anonymous form. Such tracking is not possible if you have disabled the display of images in your e-mail program as a default setting. In this case, the newsletter will not be displayed completely and you may not be able to use all the features. If you opt to have the images displayed manually, the tracking process is carried out as described above.


11. Use of cookies and other tracking technologies

In addition to the above-mentioned processing of personal data, cookies and other tracking technologies are stored on your end device during or after your visit to an Engel & Völkers site.

Cookies are small text files that are sent when visiting our website or app that are stored in the user’s browser. If the corresponding website is called up again, the user’s browser sends the contents of the cookies back, enabling the user to be recognised. Third party technologies such as scripts, pixels and tags, which Engel & Völkers integrates for advertising purposes, also set cookies on your end device.

Certain cookies are automatically deleted at the end of the browser session (these are known as session cookies); others are stored in the user’s browser either permanently or for a specific time and then delete themselves automatically (these are known as either permanent or temporary cookies).


Which cookies does Engel & Völkers generally use?

Depending on their function and purpose, the cookies used by Engel & Völkers can be divided into different categories.

“Essential” and “functional” cookies are necessary so that Engel & Völkers can provide its online offering in a secure and user-friendly manner. This category includes, for example:

• Cookies which serve to identify or authenticate users and
• Cookies which temporarily store certain user entries.

These cookies enable you to navigate through the Engel & Völkers online offers and use the functions as desired. Without these cookies, essential Engel & Völkers services could not be provided. Such cookies are only used when you visit our online offers and are usually deleted when the browser is closed. They are also used to call up an optimised website display when it is accessed by a mobile device so that your data volume is not consumed unnecessarily.

The legal basis for the setting of these cookies is the legitimate interest of Engel & Völkers that the online services can be used easily and securely and that the quality of the online services and content is continually improved.

No consent is required for the use of “essential” and “functional” cookies. They cannot be deactivated.

Engel & Völkers also uses cookies for analytical (“analytical” cookies) and advertising purposes (“advertising” cookies). Engel & Völkers uses the profiles created with the aid of these cookies to gain statistical information on the use of Engel & Völkers online services and to display advertisements or offers tailored to your interests (“interest-based advertising”).

The legal basis for the use of these cookies is your consent.


Which cookies does Engel & Völkers use in particular?

This link will explain to you which cookies Engel & Völkers uses in particular. You can also find out how long they are stored and other helpful information from this list. 


How can you manage, prevent or delete cookies?

You can use an Engel & Völkers site without “analytical” cookies and “advertising” cookies and other web tracking mechanisms. To do so, please click on this link to deactivate these cookies and tracking mechanisms. In this case, only the “essential” and “functional” cookies required for the use of the online services will remain.

You can also deactivate the storage of cookies via your browser settings and delete cookies that have already been stored in your browser at any time. Please note, however, that without cookies the online offer may not function at all or only to a limited extent.

We also recommend that you visit the www.YourOnlineChoices.com website, where you can obtain further information and assistance in connection with web tracking mechanisms.

A central opt-out option for various tools, especially those of US providers, can also be accessed via the following link: optout.networkadvertising.org.

You can also generally disable or remove cookies in your web browser by following the instructions in the links below:

Internet Explorer (https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies)
Mozilla Firefox (https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored)
Safari (https://support.apple.com/kb/PH19214?viewlocale=en_US&locale=de_DE)


12. Links to social media pages

This website contains links to the most important social media sites (e.g. Facebook, Twitter, Instagram). This does not involve the embedding of social media plug-ins, but links, which do not transmit personal data to the social media operators.

Data protection information in connection with a speculative application or an application on the basis of a vacancy notice

Engel & Völkers AG (hereinafter referred to as “Engel & Völkers”) processes personal data as the responsible entity in the context of applicant management (hereinafter also referred to as “application process”). Personal data includes the first name, surname, e-mail address, telephone number, CV and other transmitted data and documents (hereinafter collectively referred to as “personal data”).

By taking part in the application process and sending us your application, you provide Engel & Völkers with your personal data.


Processing purpose

Engel & Völkers processes your personal data for the following purposes:

• To examine the application for employment within our company (the legal basis is the pre-contractual relationship in accordance with Article 6 (1) lit. b GDPR or your consent in accordance with Article 6 (1) lit. a GDPR, if you have applied via the Engel & Völkers AG global online job portal).

• In defence against claims asserted against Engel & Völkers arising from the application procedure (the legal basis is the legitimate interest of Engel & Völkers to comply with its burden of proof in proceedings under the General Equal Treatment Act (AGG); Article 6 (1) lit. f GDPR).

• In addition, Engel & Völkers processes your personal data on the basis of prior consent in order to inform you about interesting job offers. These job offers may be made available to you from time to time by the Engel & Völkers specialist department to which you have addressed your application.

Engel & Völkers requires your personal data in order to fulfil the above-mentioned processing purposes. You may choose not to provide any personal data to Engel & Völkers. If this is the case, we cannot allow you to participate in the application process for open vacancies.


Data transmission requirement and consequences of revoking your consent to data processing

We process personal data only when it is necessary. Processing is carried out either digitally or on paper. Furthermore, the processing of personal data includes collection, registration, management, storage, modification, selection, comparison, access and communication.

Please note that the sending of e-mails during the application process is carried out in unencrypted form. If this is not desired, please contact us by post. Engel & Völkers maintains the strictest confidentiality with regard to your data and respects the legal data protection standards.


Access to personal data or disclosure of this data to third parties

Your personal data will be processed by the staff members who are responsible for the respective area at Engel & Völkers, or comparable persons. These include: employees and consultants responsible for the application process (e.g. employees of the Engel & Völkers Human Resources department); administrators and other trustworthy IT support staff who are authorised and required to provide technical support in the application process (e.g. user support staff or IT staff); third parties (e.g. IT service providers, hosting providers, etc.) to whom Engel & Völkers has outsourced tasks (also known as external processors). Beyond that your data will not be disclosed to any further third parties.

If you have applied via the Engel & Völkers AG global online job portal, your application documents will have been sent to us by Engel & Völkers AG. You will be informed about how Engel & Völkers AG processes your personal data during the application process and can also review this information at any time via the global online job portal on the corresponding Engel & Völkers AG website.


Transfer of data to non-EEA countries

In principle, Engel & Völkers does not transfer any personal data to non-EEA countries without your consent. The servers used by Engel & Völkers are located within the European Union. If your inquiry relates to companies of the Engel & Völkers Group outside of the European Union, we will only transfer your data after your prior consent.

In the event that personal data is transferred to countries which do not offer the same level of protection as within the European Union and to which you have not expressly consented to the transfer of your data, Engel & Völkers will ensure that specific contractual obligations have been agreed with every service provider under the applicable data protection law (including the execution of standard contractual clauses approved by the European Commission), unless Engel & Völkers can invoke other legal grounds for the transfer of personal data.


Storage and deletion of data

Engel & Völkers processes your personal data only as long as it is necessary to achieve the purpose of the respective processing – however, for a period of not more than six months after an application has been rejected. After conclusion of the application process or in the event that you object to the data processing, we also delete your data. This deletion takes place in accordance with the legal requirements. If you have provided your consent to our sending you other interesting job vacancies, your personal data will not be deleted unless an express objection is communicated. When an employment contract is signed, we will save your application data as part of the contractual relationship.


Rights of the data subject

You have the right to information about the processing of your personal data (e.g. the origin of this data and the processing purpose). Furthermore, under certain conditions, you are entitled to revoke, restrict or request the deletion of your personal data. Finally, you can object to the transmission of promotional material or the carrying out of market research or commercial communication at any time.

In summary, you have the right to:

• Information
• Rectification
• Deletion (or to be forgotten)
• Limitation of processing
• Data portability
• Objection to the processing of your personal data
• Lodging a complaint with a supervisory authority.

Please note that your right to data deletion is subject to restrictions. For example, we may not delete any data that must be retained as a result of legal retention periods. The data required to assert, exercise or defend legal claims is also excluded from your right to deletion.

In order to exercise the rights named above and to request information, you may contact us at the following e-mail address: BerlinCommercial.Datenschutz@engelvoelkers.com

or the following postal address:

Engel & Völkers Gewerbe Berlin GmbH & Co. KG, represented by the general partner Engel & Völkers Gewerbe Berlin Verwaltungs-GmbH, HRB 103004 B, Managing Directors: Nicolas Jeissing, Rackham F. Schröder

Joachimsthaler Straße 1
10623 Berlin

Telephone: 030 203460
Fax: 030 203461346
E-mail: BerlinCommercial.Datenschutz@engelvoelkers.com


Responsible entity for data processing:

Engel & Völkers Gewerbe Berlin GmbH & Co. KG, represented by the general partner Engel & Völkers Gewerbe Berlin Verwaltungs-GmbH, HRB 103004 B, Managing Directors: Nicolas Jeissing, Rackham F. Schröder

Joachimsthaler Straße 1
10623 Berlin

Telephone: 030 203460
Fax: 030 203461346
E-mail: BerlinCommercial.Datenschutz@engelvoelkers.com


If you have any questions about this privacy policy and data protection, please contact Engel & Völkers’ external data protection officer:

Dr. Stefanie Wegener
Mittelweg 10
20148 Hamburg, Deutschland
Swegener@wegener-ra.de

If you have an objection to the way we process your information, you also have the right to lodge a complaint with a supervisory authority.