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What Are The Fiduciary Responsibilities of Real Estate Agents?

Hong Kong - realtor responsibilities

A real estate agent acting on behalf of, or in the capacity of either a seller or buyer in brokering the sale or purchase of a real estate property in Hong Kong has a legal mandate duty or responsibility to represent the best interests of either clients. The capacity of the agent to represent the interests of the buyer or seller in the investment transactions is referred to as a fiduciary responsibility or duty while the relationship is referred to as a fiduciary relationship. In such a relationship, the buyer or seller is usually referred as the agent's clients, which emphasis on the broad issue of representation on behalf of the client, rather than agent's customer.

Ideally, if you are a licensed agent, you are required by law to represent your client in the transactions by providing all the vital information required to complete the transactions. Moreover, you are liable of protecting your seller's privacy and any information that is confidential unless you are compelled to divulge such information under an oath in a court of law located in the area of jurisdiction that the said property is situated.

Generally, fiduciary relationships help to protect clients from real estate agents because agents control almost all the roles and responsibilities involved in the transactions and that could be detrimental to a client if an agent decided to use the opportunities to one's advantages. This can be mirrored in the medical profession where doctors are more knowledgeable and in health problems or in the legal profession where law attorneys are experts than their clients. In such relationships, there must be regulations that safeguard the interest of clients from abuse by agents who are representing them. Fiduciary laws are meant to protect clients by forging the boundaries that limit the roles and duties of agents.

Additionally, most clients who are not experts in are estate investment may not be able to ascertain all the roles that the agents are supposed to perform. In such a situation, the client might be vulnerable and just accept the word of the realtor which is equally detrimental.

Reasons Why Realtors Should Be Fiduciaries

    • Risk of Abuse

 

Clients face a risk of abuse when a realtor represents both parties in the transactions. For instance, if a realtor is representing both the buyer and seller in a transaction, the realtor may be at crossroads and may be forced to favor one party, most likely the seller, because of the amount of commissions that one gets. It is common knowledge that even though both parties will be paying commissions to the realtor, the largest commission is usually gained by maximizing the sale value. In such a situation fiduciary laws helps to protect the buyer from abuse from the realtor.

  • Handling Money

 

Money has been known to easily create betrayal, envy, and jealousy among people. In real estate industry, an agent can be entitled to handle huge sums of money belonging to the clients. There is the need for a safeguard to be put in place to ensure that the agent does not try to squander the clients’ money.

  • Best Interests of Clients

 

Fiduciary responsibilities help to hold realtors accountable for their actions and roles in the transactions. For instance, if a realtor has been mandated to locate and purchase a commercial property in a perfect location but ends up purchasing an undesirable property for the client, the client can challenge the realtor's results and sue the realtor for failing to represent the client's best interests.
Additionally, fiduciary laws exist so that they impose deterrence on realtors who would otherwise take advantage of their experiences and expertise in the industry to the detriments of the clients.

Fiduciary Duties

  • Loyalty

 

Realtors are supposed to uphold utmost loyalty when representing clients. They have a fiduciary duty to represent the clients’ interests above their own interests or any other interest that may be involved. A realtor shall be held accountable in the event that one breaches the loyalty owed to the client. For instance, if an agent decides to purchase a property that his/ her client was selling, and after the purchase, the agent flips the profits for a profit shortly after, then there is a breach of loyalty. Essentially, the conduct of the agent was inappropriate and in breach of loyalty because the agent benefited by getting the profit that rightfully was supposed to be gained by the client.

The fiduciary duty of loyalty means that the agent is supposed to act in every manner possible to enable a client gain an advantage. The realtor should disregard any competing offers that might negatively affect the advantage of the client that one is representing.

  • Obedience

 

The realtor has a duty of obeying all lawful instructions that one gets from a client promptly and efficiently provided that the instructions conform and further the objectives of the agent-client relationship. It should be clear that the agent should only obey instructions that are not illegal and do not discriminate against the rights and privileges of the general public. For instance, instructions by a property seller to an agent not to list property to a subset of people based on their religion, race or social status are illegal and should not be obeyed.

  • Disclosure

 

An agent has the duty of disclosing to the client all material information that is relevant to all the transactions and activities involved in their relationship. Material information regards any information that could induce the client to change mind. It involves all circumstances and facts that may affect the value of the profit and hence its desirability. The information also regards the identity of rival potential buyers, information that could enable the property to be sold at a higher profit as well as the bargaining position of the other parties to the transaction.

  • Confidentiality

 

Confidentiality regards the duty of the realtor to safeguard any information pertaining to the client. The agent is bound not to disclose any information that one learns about the client including the client's motivation to invest, business affairs, personal affairs and financial information that may have a negative impact on the bargaining position of the client. For instance, if an agent is representing a seller, one is bound not to disclose any information to the buyer that might affect the value of the transactions involved or weaken the seller's bargaining power by giving the buyer an upper hand in the negotiations. However, the agent is not obligated to withhold any material information about the condition of the property or provide a misrepresentation of the condition of the property that may affect the bargaining power of the buyer.

  • Due Diligence and Reasonable Care

 

In law, reasonable care is a regarded as an acceptable standard that can be used to determine whether a duty was fulfilled accordingly and satisfactorily. It is the duty of an agent to exercise a certain degree of caution, concern, and diligence when representing a client. The agent is supposed to be rational and prudent as expected of a professional realtor when representing a client. It is assumed that by being licensed, the realtor is endowed with adequate skills, experiences, and expertise necessary to handle real estate affairs competently than an average person.

The realtor is compelled to deploy the skills, knowledge, and expertise when representing the client under the scope of the dealings involved. However, it should be noted that the realtor is not obligated to be held accountable for any services that should be performed by other skilled professionals in the industry such as home inspection, investment management etc. However, the realtor should advise a client accordingly, to seek assistance from skilled professionals in handling any matters outside the scope of the realtor's field of expertise.

  • Accounting

 

All financial records, documents, cash and cash equivalents that an agent handles on behalf of the clients should be accounted for appropriately. An agent has the duty to correctly account financial transactions and the disposition of all financial agreements reached. Moreover, the agent also has a duty to safeguard any money, financially records and documents that are entrusted to one for the purposes of representing the client in the investment transactions.

Realtors' Roles in Real Estate Transactions

Potential investors, especially those with little knowledge about the undertaking of real estate investment in Hong Kong clearly benefit from being represented by a professional realtor in the investment dealing.

Choosing the right agent to represent you in property investment helps in saving time and money as well as in acquiring a prime property in a suitable area. Therefore, it is critical to ensure that you decide on being represented by a professional agent who has good knowledge of property investment in the region that you'd love to acquire property. Yet, it can be hectic to find the best agent to represent you.

Investment in real estate is a primary role of real estate brokers and agents. This is because they have better knowledge and information pertaining to buying and selling of homes in areas where they believe will be profitable in future. In Hong Kong, Kowloon and Victoria City are some of the cities that have been experiencing massive growth in the real estate industry of late. Therefore, for people who want to invest in real estate in Hong Kong, it is always paramount for an investor to contact the most reliable agent/ broker who has immense information about real estate investment in these regions.

  • Listing Property Available for Sale

 

A person looking to sell a home usually consults agents with their intention to flip the home.  A realtor has to explain to a homeowner the services of listing the home as well as other services of selling the home and the commissions to be charged. If the seller comes into consensus with a realtor, they would then sign a listing agreement and other documents that allow the realtor to represent the homeowner in selling the home.

The realtor will then have to market the home. This is usually done through listing the home and collaborating with other agents in within the region. Listing a home enables other agents to seize the opportunity in case they have a buyer who wants to buy the home. If the cross-realtor is interested in the home and contacts the buyer about the home being sold, then an arrangement can be made to view the home to ensure that it is in a satisfactory condition that pleases the buyer.

  • Selling the Home

 

If there is a consensus, your broker either may accept the offer or may enter into negotiations that may end up resulting in a contract of sale. The contract may be prepared by an attorney or by your realtor. The contract becomes binding when all parties into the sale agree and append their signatures.

The contract includes a provision enabling the buyer to obtain a mortgage financing and a provision inviting a qualified inspector or engineer to inspect the home. In addition, a title deed must be included in the contract of sale to enable passing of ownership from the seller to the buyer. A title of ownership is important to show that proper search and documentation has been done to authenticate the ownership and transfer of ownership from one party to another.

  • Negotiating the prices of the property

 

Realtors have a duty of negotiating the prices of the property. It is within their mandate to ensure that you either sell the property at a reasonable price. Consequently, if you purchasing property, it is their duty to ensure that you are able to acquire property at a considerable cost. It is also important for the agent to ensure that you acquire a quality property in a desirable action. Always engage the agent so that you can reap maximum benefits in the Hong Kong real estate market.

  • Info on Stigmatized Real Estate Property

 

There are cases when some property may be stigmatized. For instance, a property where a gruesome murder took place may not be ideal for most people to live in. There are people who may feel uncomfortable living in such a home. These are some facts that you may not know but can be disclosed by a reliable agent who has good knowledge of property in a certain region. This can help you reconsider your decision to purchase the property.

  • Detecting Property which is illegal or involved in Fraudulent Activities

 

There are also many situations when the property being sold may be illegal such as property developed in grabbed land, or property that has a pending case in court. It is the duty of an agent to perform a proper investigation to ensure that an investor does not purchase property which is undesirable because of ownership problems. This helps to safeguard you from future litigations that could be costly or have a devastating impact on your investment.

  • Transferring Title of Ownership

 

If all the provisions of the contract of sale are satisfactorily completed, then the transfer can be completed and the sale closed. In most cases, agents involved are paid after the sale of the home. Where multiple agents are involved, then sharing of the commissions is done according to the agreements reached by both parties when they commenced negotiating the sale of the house.

Conclusion
You need to engage a licensed agent who has experience in real estate investment and have a record of helping investors acquire quality property. Local agents have the best information of prospective buyers as well as the marketplace information of the real estate operations in a particular location. Therefore you need to engage an agent who knows the local market extensively. This will eventually help you to invest in a quality property that will yield substantial equity and provide profitable returns on investment.

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Engel & Völkers Hong Kong, Real Estate Agency
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  • Mr.
  • Mrs.

This data protection information applies to the use of the website https://www.engelvoelkers.com/hongkong/ (hereinafter referred to as “website”) and the Property Search App, a mobile application for property searches (hereinafter referred to as “property app”) and is valid from 25 May 2018.

The following information applies to both the website and the property app, unless expressly stated otherwise.

 

Engel & Völkers VJI Limited in its function of responsible authority (hereinafter also referred to as “Engel & Völkers”) informs its users that

by using the website, personal data about them will be processed, in particular:

●    personal data (e.g. e-mail address, first name, surname, title, address, telephone number – in the following “Data” or “Personal data”) provided by users at the time of registration on the website (e.g. in connection with contact requests and mailing of newsletters);

●    personal data transferred from the user’s internet browser each time the user accesses the website is stored within log files, also known as server logs. This data comprises: IP address (Internet protocol address) of the accessing computer; name of the accessed site; date and time of access; related URL from which the user accesses the site; number of transferred data items; status report of successful access; session ID number.

by using the property app, personal data about them will be processed, in particular:

●    e-mail address, first name, surname, title, address, telephone number provided by users at the time of sending an enquiry;

●    Whenever the app is accessed, the usage data of the respective app user is saved. This data comprises: operating system used and, if applicable, the browser type, current language setting of the smartphone, information about the Internet service provider of the user, name of the retrieved page and, if applicable, the origin page, date and time of retrieval, amount of data transmitted, status report on whether the retrieval was successful, session identification number.

Purpose of processing

Engel & Völkers, as a responsible authority,

processes the personal data of website users for the following purposes:

●    Fulfilment of user’s requests (legal basis is contract performance and the legitimate interest of Engel & Völkers in transferring contact requests within the Engel & Völkers Group to the appropriate company. The above “Engel & Völkers Group” comprises Engel & Völkers AG and its domestic and foreign associated companies in terms of the German Companies Act Sec. 15 ff, and the (master) licensees affiliated with this group of companies. A current listing of these licensees can be obtained here: https://www.engelvoelkers.com/de/unternehmen/standorte/);

●    The forwarding of e-mail newsletters on the company’s own offers and advertising by the company or third parties to the legally permissible extent or based on consent. (Legal basis is the legitimate interest of Engel & Völkers in direct marketing, providing this is in accordance with the data protection and competition rules);

●    Analysis of the website for determining user behaviour. (Legal basis is the legitimate interest of Engel & Völkers in analysing user behaviour on our website for the purpose of continuously improving this or adapting it to the interests of our users);

●    Identification and possible blocking of users who have installed a so-called adblocker and who thereby block advertising. (Legal basis is the legitimate interest of Engel & Völkers of providing users who do not block advertising with wholly or partially web-financed offers);

●    In order to prevent fraudulent activities or misuse on the website or in connection with the website and to observe the legal stipulations for safe websites. (Legal basis is the legitimate interest of Engel & Völkers in remedying errors, guaranteeing system security and identifying impermissible access or access attempts.)

The legal basis for the processing of personal data is GDPR Article 6(1)(a), if the processing is based on consent, Article 6(1)(b) if the basis for processing is a contractual relationship and Article 6(1)(f) if the basis is the legitimate interests of Engel & Völkers.

processes the personal data of property app users for the following purposes:

●      Fulfilment of the requests of the app users (legal basis of the data collection is the consent of the user in accordance with Art. 6(1)(a) EU General Data Protection Regulation (GDPR)). Analysis of the property app to determine usage behaviour (legal basis is the legitimate interest of Engel & Völkers in analysing user behaviour in our property app for the purpose of continuously improving this or adapting it to the interests of our users);

Nature of supply of personal data and consequences of objection

The personal data is voluntarily provided by users. They may freely decide whether to make personal data available to Engel & Völkers and may subsequently withdraw their consent from the processing of personal data which have already been made available. Withdrawal may mean that the Engel & Völkers website is no longer usable.

Processing methods

Users’ personal data may only be processed in case of need and processing will be performed electronically only, in particular by way of: gathering, registration, organisation, storage, consultancy, processing, amendment, selection, extraction, comparison, use, interconnection, access and communication, blocking, deletion and destruction of the data. Processing may be carried out electronically or non-electronically.

Access to data

The personal data is processed by Engel & Völkers and (in respect of individual items) particularly by

●    Employees (permanent employees such as job-holders and independent property consultants) and consultants authorised to administer the website and property app and provide the associated services;

●    Third-party supplier companies (e.g. IT service providers, hosting providers, etc.) to which Engel & Völkers has outsourced processing services as part of a job processing agreement.

Information about the data

As the responsible authority we are able to provide information about your personal data. However, this information may only be given for the following reasons:

·       In the case of fulfilment of legal obligations or obligations arising from regulations and guidelines under national or European laws.

·       For defence in court in the case of a legal dispute.

Disclosure of data

If your query relates to offers from other companies of the Engel & Völkers Group, Engel & Völkers transfers the personal data entered by you in this case to the respective company from the Engel & Völkers Group with your prior consent or on the basis of its legitimate interests.[A10]  Other than this, your personal data will not be disclosed by Engel & Völkers.

Disclosure of data in non-EEA countries

In principle, Engel & Völkers does not transfer personal data to non-EEA countries without your consent. The servers used by Engel & Völkers are located within the European Union.

If your query relates to companies of the Engel & Völkers Group outside the European Union, we communicate your data under your consent.

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

Saving and deleting of data

Engel & Völkers saves personal data for the time necessary for achieving the purposes for which the data was gathered and processed, including any storage period stipulated under the applicable legislation (e.g. retention of bookkeeping vouchers) and in any case for a maximum of 24 months [A11] after the personal data was gathered.

Use of cookies

Use of cookies on the website

In order to improve website browsing, Engel & Völkers uses “cookies”. Cookies are small text files, generally consisting of letters and numbers, stored on the user’s web browser on their PC and containing pseudonymised data. Cookies allow a website to recognise the user’s computer in order to follow searches made on several pages of a website and to identify users who return to a website. Cookies may have technical, analytical or profiling purposes.

The direct and indirect cookies used by Engel & Völkers are summarised here: https://www.engelvoelkers.com/en-de/privacy-policy-ag/doc/ev_cookies_lp.pdf.

The website uses the following technical cookies:

For storing language selection _icl_visitor_lang_js, _icl_current_language, evlocale.For storing selection of measuring units engelundvoelkersconfig.For storing last search requests LAST_SEARCH.For storing the watchlist ID watchlist_id.For storing test reference within AB tests user_ab.For storing references to distributed systems in load balancers BIGipServergroup-rz-webfe-prod.

Engel & Völkers informs users that they may deactivate or remove cookies in their web browser by following the instructions on the following links:

●      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).

The website also uses analytical cookies set by third-party providers, e.g. Google (see also provisions on use of analysis programs and tracking tools) and Adroll (https://www.adroll.com/de-DE/about) /Privatsphäre) and Haufe (https://de.onlinehelp.umantis.com/index.php/Cookies).

In more detail:

a)       Google Analytics

Engel & Völkers uses the web analytics service Google Analytics from Google Inc. (“Google”) for analysing the use of websites. The information generated by cookies about the use of websites is generally transferred to a Google server in the USA and stored there. Engel & Völkers uses Google Analytics solely with the extension "ga ('set', 'anonymizeIp', true)", in order to ensure that IP addresses are only processed in a shortened version and in order to prevent direct references to individual persons. Google may transfer data to third parties if this is prescribed by law or if third parties process these data on behalf of Google. Google will not publish the IP address of the user in connection with other Google data. Users may at any time prevent the recording and storage of data by Google Analytics, by installing a Google-approved browser plug-in which can be downloaded from the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

b)       Universal Analytics

Engel & Völkers uses the Universal Analytics functions provided by Google. These functions allow Engel & Völkers to record and analyse socio-demographic data about users by means of a Google ID (if available) and by means of cookies generated by Google from advertising contents (DoubleClick). If a Google ID is available, the data controller will be able to record this data across all devices (e.g. if users have both a smartphone and a PC) for analysing visitor flows across all devices. Users may at any time prevent the recording and storage of data by Google Analytics by installing a Google-approved browser plug-in which can be downloaded from the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

This website does not use profiling cookies.

Use of cookies and other tracking in the Property App

Engel & Völkers needs statistical information on the use of the Property App to make it more user-friendly. For this purpose, Engel & Völkers deploys the following analysis tools. The providers of the tools process data, where personal data are processed, as a processor in accordance with the instructions of Engel & Völkers.

To find out which other cookies the Property App uses click here: https://www.engelvoelkers.com/en-de/privacy-policy-ag/doc/ev_cookies_lp.pdf.

Google Analytics

Google Analytics is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). We use Google Analytics with the additional feature offered by Google to anonymise IP addresses: In this case, Google's IP address is usually already shortened within the EU and only in exceptional cases in the US and in any case only saved in abbreviated form. The privacy policy can be viewed here: https://privacy.google.com/businesses/processorterms/

                               

If you want to opt out of Google Analytics tracking, go to your system settings and disable Google Analytics access in the Tracking section of the “Engel & Völkers Property Search” app.

If you want to opt out of tracking Google Analytics on Android, go to the app settings and disable Google Analytics access.

HockeyApp

HockeyApp is provided by Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). We use HockeyApp for error analyses and to improve the property app. If it crashes, the user may agree to submit a crash report to HockeyApp. A crash report includes information about the crash date and time, the affected software module, the operating system and language used, and the device type and IP address. The crash report will only be sent to HockeyApp once this has been specifically approved. The information contained in the crash report may be partially processed in the United States. HockeyApp is a service from Microsoft. Legal information about it can be found here: 

https://azure.microsoft.com/de-de/support/legal/.

The privacy policy can be viewed here: 

https://www.microsoft.com/de-de/privacystatement/OnlineServices/Default.aspx

Crashlytics

Crashlytics is an analysis tool offered and operated by Crashlytics Inc., based in Cambridge, MA, USA. Crashlytics generates crash reports, i.e. reports about malfunctions or failures of the app, where and in which context these have occurred, how many users of the app are affected, etc. Engel & Völkers uses these reports to detect malfunctions or failures to be able to react faster, more purposefully and more efficiently in the interests of the users and to be able to improve the app technically. For this purpose, Crashlytics, together with the user’s Symphony-related app ID, which can be deleted at any time, records data on the crash and on general data of the respective IT environment (in particular on the used device, the mobile service provider and the operating system). If personal or pseudonymous data is included, Crashlytics will delete it within seven days. This information will give Crashlytics and subsequently Engel & Völkers insight into whether and how the app works and is used, especially the malfunctions and failures that occur. Further information is available at try.crashlytics.com/terms/privacy-policy.pdf.

Links to social media pages

This website contains links to the main social media network sites (e.g. Facebook and Twitter). These are not embedded social media plug-ins, but a link through which no personal data is transmitted to the social media operators.

Rights of persons concerned

You have the right to information on the processing of your personal data (for example, the origin of this data, the processing purpose, the modalities of the data processing). Furthermore, on certain conditions, you are entitled, at any time, to object to data processing in the future, to limit it or to demand the deletion of the data. Finally, you can prevent the sending of advertising material or the implementation of market research or commercial communications at any time.

In summary, you have a right to

-       information,

-       correction,

-       deletion (or to be forgotten),

-       limitation of processing,

-       data portability,

-       objection to the processing of your personal data,

-       complaint to the supervisory authorities.

Please note that your right to deletion is subject to certain restrictions. For instance we need not or may not delete any data which we need to retain for a further period under a statutory retention period. Data needed by us for the establishment, exercise or defence of legal claims are also excepted from your right to deletion.

To exercise the above rights and to request information, users may write to the following e-mail address hongkongmmc@engelvoelkers.com[A12]  or postal address Engel & Völkers VJI Limited, [A13] Shop A, 95 Caine Road, Mid Level West, Hong Kong. Similarly, users may at any time withdraw consent to, correct and delete the processing of their data.

Contacts

The responsible authority for processing of data is Engel & Völkers VJI Limited, [A14] Shop A, 95 Caine Road, Mid Level West, Hong Kong. In the event of questions regarding our data processors, we are happy to make a current list of these available to you.

If you have a complaint regarding the way that we process your data, you have the opportunity to submit a complaint to the supervisory authority. This is: 

Free and Hanseatic City of Hamburg

Hamburg’s representative for data protection and freedom of information

Prof. Dr. Johannes Caspar

Kurt-Schumacher-Allee 4, 20097 Hamburg

Mailbox@datenschutz.hamburg.de[A15] 

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  • Mr.
  • Mrs.
Please enter the property information.

This data protection information applies to the use of the website https://www.engelvoelkers.com/hongkong/ (hereinafter referred to as “website”) and the Property Search App, a mobile application for property searches (hereinafter referred to as “property app”) and is valid from 25 May 2018.

The following information applies to both the website and the property app, unless expressly stated otherwise.

 

Engel & Völkers VJI Limited in its function of responsible authority (hereinafter also referred to as “Engel & Völkers”) informs its users that

by using the website, personal data about them will be processed, in particular:

●    personal data (e.g. e-mail address, first name, surname, title, address, telephone number – in the following “Data” or “Personal data”) provided by users at the time of registration on the website (e.g. in connection with contact requests and mailing of newsletters);

●    personal data transferred from the user’s internet browser each time the user accesses the website is stored within log files, also known as server logs. This data comprises: IP address (Internet protocol address) of the accessing computer; name of the accessed site; date and time of access; related URL from which the user accesses the site; number of transferred data items; status report of successful access; session ID number.

by using the property app, personal data about them will be processed, in particular:

●    e-mail address, first name, surname, title, address, telephone number provided by users at the time of sending an enquiry;

●    Whenever the app is accessed, the usage data of the respective app user is saved. This data comprises: operating system used and, if applicable, the browser type, current language setting of the smartphone, information about the Internet service provider of the user, name of the retrieved page and, if applicable, the origin page, date and time of retrieval, amount of data transmitted, status report on whether the retrieval was successful, session identification number.

Purpose of processing

Engel & Völkers, as a responsible authority,

processes the personal data of website users for the following purposes:

●    Fulfilment of user’s requests (legal basis is contract performance and the legitimate interest of Engel & Völkers in transferring contact requests within the Engel & Völkers Group to the appropriate company. The above “Engel & Völkers Group” comprises Engel & Völkers AG and its domestic and foreign associated companies in terms of the German Companies Act Sec. 15 ff, and the (master) licensees affiliated with this group of companies. A current listing of these licensees can be obtained here: https://www.engelvoelkers.com/de/unternehmen/standorte/);

●    The forwarding of e-mail newsletters on the company’s own offers and advertising by the company or third parties to the legally permissible extent or based on consent. (Legal basis is the legitimate interest of Engel & Völkers in direct marketing, providing this is in accordance with the data protection and competition rules);

●    Analysis of the website for determining user behaviour. (Legal basis is the legitimate interest of Engel & Völkers in analysing user behaviour on our website for the purpose of continuously improving this or adapting it to the interests of our users);

●    Identification and possible blocking of users who have installed a so-called adblocker and who thereby block advertising. (Legal basis is the legitimate interest of Engel & Völkers of providing users who do not block advertising with wholly or partially web-financed offers);

●    In order to prevent fraudulent activities or misuse on the website or in connection with the website and to observe the legal stipulations for safe websites. (Legal basis is the legitimate interest of Engel & Völkers in remedying errors, guaranteeing system security and identifying impermissible access or access attempts.)

The legal basis for the processing of personal data is GDPR Article 6(1)(a), if the processing is based on consent, Article 6(1)(b) if the basis for processing is a contractual relationship and Article 6(1)(f) if the basis is the legitimate interests of Engel & Völkers.

processes the personal data of property app users for the following purposes:

●      Fulfilment of the requests of the app users (legal basis of the data collection is the consent of the user in accordance with Art. 6(1)(a) EU General Data Protection Regulation (GDPR)). Analysis of the property app to determine usage behaviour (legal basis is the legitimate interest of Engel & Völkers in analysing user behaviour in our property app for the purpose of continuously improving this or adapting it to the interests of our users);

Nature of supply of personal data and consequences of objection

The personal data is voluntarily provided by users. They may freely decide whether to make personal data available to Engel & Völkers and may subsequently withdraw their consent from the processing of personal data which have already been made available. Withdrawal may mean that the Engel & Völkers website is no longer usable.

Processing methods

Users’ personal data may only be processed in case of need and processing will be performed electronically only, in particular by way of: gathering, registration, organisation, storage, consultancy, processing, amendment, selection, extraction, comparison, use, interconnection, access and communication, blocking, deletion and destruction of the data. Processing may be carried out electronically or non-electronically.

Access to data

The personal data is processed by Engel & Völkers and (in respect of individual items) particularly by

●    Employees (permanent employees such as job-holders and independent property consultants) and consultants authorised to administer the website and property app and provide the associated services;

●    Third-party supplier companies (e.g. IT service providers, hosting providers, etc.) to which Engel & Völkers has outsourced processing services as part of a job processing agreement.

Information about the data

As the responsible authority we are able to provide information about your personal data. However, this information may only be given for the following reasons:

·       In the case of fulfilment of legal obligations or obligations arising from regulations and guidelines under national or European laws.

·       For defence in court in the case of a legal dispute.

Disclosure of data

If your query relates to offers from other companies of the Engel & Völkers Group, Engel & Völkers transfers the personal data entered by you in this case to the respective company from the Engel & Völkers Group with your prior consent or on the basis of its legitimate interests.[A10]  Other than this, your personal data will not be disclosed by Engel & Völkers.

Disclosure of data in non-EEA countries

In principle, Engel & Völkers does not transfer personal data to non-EEA countries without your consent. The servers used by Engel & Völkers are located within the European Union.

If your query relates to companies of the Engel & Völkers Group outside the European Union, we communicate your data under your consent.

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

Saving and deleting of data

Engel & Völkers saves personal data for the time necessary for achieving the purposes for which the data was gathered and processed, including any storage period stipulated under the applicable legislation (e.g. retention of bookkeeping vouchers) and in any case for a maximum of 24 months [A11] after the personal data was gathered.

Use of cookies

Use of cookies on the website

In order to improve website browsing, Engel & Völkers uses “cookies”. Cookies are small text files, generally consisting of letters and numbers, stored on the user’s web browser on their PC and containing pseudonymised data. Cookies allow a website to recognise the user’s computer in order to follow searches made on several pages of a website and to identify users who return to a website. Cookies may have technical, analytical or profiling purposes.

The direct and indirect cookies used by Engel & Völkers are summarised here: https://www.engelvoelkers.com/en-de/privacy-policy-ag/doc/ev_cookies_lp.pdf.

The website uses the following technical cookies:

For storing language selection _icl_visitor_lang_js, _icl_current_language, evlocale.For storing selection of measuring units engelundvoelkersconfig.For storing last search requests LAST_SEARCH.For storing the watchlist ID watchlist_id.For storing test reference within AB tests user_ab.For storing references to distributed systems in load balancers BIGipServergroup-rz-webfe-prod.

Engel & Völkers informs users that they may deactivate or remove cookies in their web browser by following the instructions on the following links:

●      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).

The website also uses analytical cookies set by third-party providers, e.g. Google (see also provisions on use of analysis programs and tracking tools) and Adroll (https://www.adroll.com/de-DE/about) /Privatsphäre) and Haufe (https://de.onlinehelp.umantis.com/index.php/Cookies).

In more detail:

a)       Google Analytics

Engel & Völkers uses the web analytics service Google Analytics from Google Inc. (“Google”) for analysing the use of websites. The information generated by cookies about the use of websites is generally transferred to a Google server in the USA and stored there. Engel & Völkers uses Google Analytics solely with the extension "ga ('set', 'anonymizeIp', true)", in order to ensure that IP addresses are only processed in a shortened version and in order to prevent direct references to individual persons. Google may transfer data to third parties if this is prescribed by law or if third parties process these data on behalf of Google. Google will not publish the IP address of the user in connection with other Google data. Users may at any time prevent the recording and storage of data by Google Analytics, by installing a Google-approved browser plug-in which can be downloaded from the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

b)       Universal Analytics

Engel & Völkers uses the Universal Analytics functions provided by Google. These functions allow Engel & Völkers to record and analyse socio-demographic data about users by means of a Google ID (if available) and by means of cookies generated by Google from advertising contents (DoubleClick). If a Google ID is available, the data controller will be able to record this data across all devices (e.g. if users have both a smartphone and a PC) for analysing visitor flows across all devices. Users may at any time prevent the recording and storage of data by Google Analytics by installing a Google-approved browser plug-in which can be downloaded from the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

This website does not use profiling cookies.

Use of cookies and other tracking in the Property App

Engel & Völkers needs statistical information on the use of the Property App to make it more user-friendly. For this purpose, Engel & Völkers deploys the following analysis tools. The providers of the tools process data, where personal data are processed, as a processor in accordance with the instructions of Engel & Völkers.

To find out which other cookies the Property App uses click here: https://www.engelvoelkers.com/en-de/privacy-policy-ag/doc/ev_cookies_lp.pdf.

Google Analytics

Google Analytics is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). We use Google Analytics with the additional feature offered by Google to anonymise IP addresses: In this case, Google's IP address is usually already shortened within the EU and only in exceptional cases in the US and in any case only saved in abbreviated form. The privacy policy can be viewed here: https://privacy.google.com/businesses/processorterms/

                               

If you want to opt out of Google Analytics tracking, go to your system settings and disable Google Analytics access in the Tracking section of the “Engel & Völkers Property Search” app.

If you want to opt out of tracking Google Analytics on Android, go to the app settings and disable Google Analytics access.

HockeyApp

HockeyApp is provided by Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). We use HockeyApp for error analyses and to improve the property app. If it crashes, the user may agree to submit a crash report to HockeyApp. A crash report includes information about the crash date and time, the affected software module, the operating system and language used, and the device type and IP address. The crash report will only be sent to HockeyApp once this has been specifically approved. The information contained in the crash report may be partially processed in the United States. HockeyApp is a service from Microsoft. Legal information about it can be found here: 

https://azure.microsoft.com/de-de/support/legal/.

The privacy policy can be viewed here: 

https://www.microsoft.com/de-de/privacystatement/OnlineServices/Default.aspx

Crashlytics

Crashlytics is an analysis tool offered and operated by Crashlytics Inc., based in Cambridge, MA, USA. Crashlytics generates crash reports, i.e. reports about malfunctions or failures of the app, where and in which context these have occurred, how many users of the app are affected, etc. Engel & Völkers uses these reports to detect malfunctions or failures to be able to react faster, more purposefully and more efficiently in the interests of the users and to be able to improve the app technically. For this purpose, Crashlytics, together with the user’s Symphony-related app ID, which can be deleted at any time, records data on the crash and on general data of the respective IT environment (in particular on the used device, the mobile service provider and the operating system). If personal or pseudonymous data is included, Crashlytics will delete it within seven days. This information will give Crashlytics and subsequently Engel & Völkers insight into whether and how the app works and is used, especially the malfunctions and failures that occur. Further information is available at try.crashlytics.com/terms/privacy-policy.pdf.

Links to social media pages

This website contains links to the main social media network sites (e.g. Facebook and Twitter). These are not embedded social media plug-ins, but a link through which no personal data is transmitted to the social media operators.

Rights of persons concerned

You have the right to information on the processing of your personal data (for example, the origin of this data, the processing purpose, the modalities of the data processing). Furthermore, on certain conditions, you are entitled, at any time, to object to data processing in the future, to limit it or to demand the deletion of the data. Finally, you can prevent the sending of advertising material or the implementation of market research or commercial communications at any time.

In summary, you have a right to

-       information,

-       correction,

-       deletion (or to be forgotten),

-       limitation of processing,

-       data portability,

-       objection to the processing of your personal data,

-       complaint to the supervisory authorities.

Please note that your right to deletion is subject to certain restrictions. For instance we need not or may not delete any data which we need to retain for a further period under a statutory retention period. Data needed by us for the establishment, exercise or defence of legal claims are also excepted from your right to deletion.

To exercise the above rights and to request information, users may write to the following e-mail address hongkongmmc@engelvoelkers.com[A12]  or postal address Engel & Völkers VJI Limited, [A13] Shop A, 95 Caine Road, Mid Level West, Hong Kong. Similarly, users may at any time withdraw consent to, correct and delete the processing of their data.

Contacts

The responsible authority for processing of data is Engel & Völkers VJI Limited, [A14] Shop A, 95 Caine Road, Mid Level West, Hong Kong. In the event of questions regarding our data processors, we are happy to make a current list of these available to you.

If you have a complaint regarding the way that we process your data, you have the opportunity to submit a complaint to the supervisory authority. This is: 

Free and Hanseatic City of Hamburg

Hamburg’s representative for data protection and freedom of information

Prof. Dr. Johannes Caspar

Kurt-Schumacher-Allee 4, 20097 Hamburg

Mailbox@datenschutz.hamburg.de[A15] 

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