Contents
1 General Information
1.1 Objective and Responsibility
1.2 Legal Bases
1.3 Data Subject Rights
1.4 Data Erasure and Duration of Storage
1.5 Security of Processing
1.6 Transfer of Data to Third Parties, Subcontractors and Third Party Providers
2 Concrete Data Processing
2.1 Collection of Information on the Use of the Online Service
2.2 Contact Form and Contacting via E-Mail
2.3 Newsletter
2.4 Consent management
2.5 Google Analytics
2.6 Google Maps
2.7 Google Recaptcha
2.8 Money Laundering Act / Copies of ID cards
2.9 Links to other websites
3 Cookie Policy
3.1 General Information
3.2 Cookie overview, objection
4 Changes to the Data Privacy Policy
1 General Information
1.1 Objective and Responsibility
1. This Data Privacy Statement is to inform you about the nature, scope and purpose of the processing of personal data related to our online service and the related websites, features and contents (hereinafter collectively referred to as "online service" or "website").
2. The online service is provided by Allgemeiner Grund & Boden Fundus Vermittlungsgesellschaft mbH (Seehofstr. 15, 14169 Berlin) – hereinafter referred to as "provider", "we" or "us" - who is also legally responsible under the data protection law.
3. Our online service is hosted by Telehouse Deutschland GmbH (Kleyer Straße 79, 60326 Frankfurt).
4. Our data protection officer is: Sven Meyzis - IT.DS Beratung (phone: 0049 40-21091514 / e-mail: s.meyzis@itdsb.de).
5. The term "user" encompasses all customers, interested people, employees and visitors of our online service.
1.2 Legal Bases
We collect and process personal data based on the following legal grounds:
a. Consent in accordance with Article 6 paragraph 1 (a) General Data Protection Regulation (GDPR). Consent meaning any freely given, specific, informed and unambiguous indication of agreement, which could be in the form of a statement or any other unambiguous confirmatory act, given by the data’s subject consenting to the processing of personal data relating to him or her.
b. Necessity for the performance of a contract or in order to take steps prior to entering into a contract according to Article 6 paragraph 1 (b) GDPR, meaning the data is required in order for us to fulfil our contractual obligations towards you or to prepare the conclusion of a contract with you.
c. Processing to fulfil a legal obligation in accordance with Article 6 paragraph 1 (c) GDPR, meaning that e.g. the processing of data is required by law or other provisions.
d. Processing in order to protect legitimate interests in accordance with Article 6 paragraph 1 (f) GDPR, meaning that the processing is necessary to protect legitimate interests pursued by us or by a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.
1.3 Data Subject Rights
You have the following rights with regards to the processing of your data through us:
a. The right to lodge a complaint with a supervisory authority in accordance with Article 13 paragraph 2 (d) GDPR and Article 14 paragraph 2 (e) GDPR.
b. Right of access in accordance with Article 15 GDPR
c. Right to rectification in accordance with Article 16 GDPR
d. Right to erasure („right to be forgotten“) in accordance with Article 17 GDPR
e. Right to restriction of processing in accordance with Article 18 GDPR
f. Right to data portability in accordance with Article 20 GDPR
g. Right to objection in accordance with Article 21 GDPR
Notice: Users may object to the processing of their personal data in accordance with legal allowances at any time with effect for the future. The objection may in particular be made against processing for the purposes of direct marketing.
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.
1.4 Data Erasure and Duration of Storage
The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is inapplicable. Storage of data beyond that may occur if such storage is required by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or erasure of data also takes place when a retention period mandated by the standards mentioned expires, unless the continued storage of data is required for the conclusion of a contract or the fulfilment of contractual obligations.
1.5 Security of Processing
1. We have implemented appropriate and state-of-the-art technical and organisational security measures (TOMs). Thus, the data that is processed by us is protected against accidental or intentional manipulation, loss, destruction and unauthorized access.
2. These security measures include in particular the encrypted transfer of data between your browser and our server.
1.6 Transfer of Data to Third Parties, Subcontractors and Third Party Providers
1. A transfer of personal data to third parties only occurs within the framework of legal requirements. We only disclose personal data of users to third parties, if this is required e.g. for billing purposes or other purposes, if the disclosure is necessary to ensure the fulfilment of contractual obligations towards the users.
2. If we engage subcontractors for our online service, we have made appropriate contractual arrangements as well as adequate technical and organizational measures with these companies.
3. If we use content, tools or other means from other companies (hereinafter collectively referred to as "third party providers") whose registered offices are located in a third country, it is assumed that a transfer of data to the home countries of these third party providers occurs. The transfer of personal data to third countries takes place exclusively only, if an adequate level of data protection, the user’s consent or another legal permission is present.
2 Concrete Data Processing
2.1 Collection of Information on the Use of the Online Service
1. When using our online-service, information may be transferred automatically from the browser of the user to us; this information includes the name of the accessed website, file, date and time of the access, amount of data transferred, notification about successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
2. The processing of this information takes place based on legitimate interests in accordance with Article 6 paragraph 1 (f) GDPR (e.g. to optimize the online service) as well as to ensure the security of processing in accordance with Article 5 paragraph 1 (f) GDPR (e.g. for the defence and clarification purposes of cyberattacks)
3. This information will be automatically deleted 6 weeks after the termination of the connection, unless any other retention periods require otherwise.
4. The collection of the data and the storage of the data in log files is essential for the provision of the online service. Therefore users are not entitled to the options of erasure, objection or correction.
2.2 Contact Form and Contacting via E-Mail
1. When contacting us (via online form or e-mail), the data provided by the user will be processed exclusively for processing the inquiry and its handling.
2. Any other use of the data will only take place based on the given consent from the user.
3. The users' data will be stored in our Customer Relationship Management System ("estateOffice ") or a comparable software/database. The legal retention periods for business letters apply.
2.3 Newsletter
1. With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter you agree to the receipt and the described procedures.
2. double opt-in and logging
As part of the registration for our newsletter, the so-called double opt-in procedure is carried out; i.e. after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that no one can log in with other e-mail addresses. The registrations for the newsletter are recorded for the fulfilment of legal obligations of proof. This includes the storage of the time of registration and confirmation as well as the IP address.
3. shipping service provider
The newsletter is sent by our subcontractor Episerver GmbH (formerly optivo GmbH / Wallstraße 16, 10179 Berlin) - hereinafter referred to as "shipping service provider". The data protection regulations of the shipping service provider can be viewed here: https://www.episerver.de/legal/privacy-statement/.
According to its own information, the shipping service provider can use this data in pseudonymous form - i.e. without allocation to a user, to optimise or improve its own services, e.g. to technically optimise the dispatch and presentation of the newsletter or for statistical purposes in order to determine from which countries the recipients come. However, the shipping service does not use the data of our newsletter recipients to write them down itself or to pass the data on to third parties.
4. registration data
To register for the newsletter, it is sufficient to enter your e-mail address, your first name and surname as well as the title. Optionally we ask you to indicate your title for a personal address in the newsletter.
5. statistical survey and analyses
The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file which is retrieved from the server of the shipping service when the newsletter is opened. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are initially collected. This information is used to technically improve the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined using the IP address) or access times.
The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is not our intention, nor that of the shipping service provider, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
6. legal bases
The use of the shipping service provider, the performance of statistical surveys and analyses as well as the logging of the registration process shall be based on our legitimate interests in accordance with Article 6 (1) (f) DSGVO. We are interested in using a user-friendly and secure newsletter system that serves our business interests and meets the expectations of our users.
7. Termination/Revocation
You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. If the users have cancelled the newsletter reception, the personal data of the users processed for its dispatch will be deleted.
2.4 Consent management
1. This website uses the cookie consent technology of Cookiebot to obtain your consent to store certain cookies on your terminal device and to document this in accordance with data protection law. The provider of this technology is Cybot A/S (Havnegade 39, 1058 Copenhagen, Denmark, website: https://www.cookiebot.com/) -hereafter "Cookiebot".
2. When you enter our website, the following personal data is transferred to Cookiebot:
- Your consent(s) or withdrawal of your consent(s).
- Your IP address
- Information about your browser
- Information about your terminal device
- Time of your visit to the website
3. Furthermore, Cookiebot stores a cookie in your browser in order to be able to assign the consent(s) granted to you or their revocation. The data collected in this way will be stored until you request us to delete it, delete the Cookiebot cookie yourself or the purpose for storing the data no longer applies. Mandatory legal storage obligations remain unaffected.
4. The use of Cookiebot takes place in order to obtain the legally required consent for the use of cookies. The legal basis for this is Art. 6 para. 1 p. 1 lit. c GDPR.
2.5 Google Analytics
1. We use Google Analytics, a web analytics service, on the basis of your consent for the analysis, optimization and economic operation of our online offer pursuant to Art. 6 para. 1 lit. a. GDPR Google Analytics, a web analytics service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) - hereinafter "Google"). Google uses cookies and other technologies. The information generated by the service about the use of the online offer by the users is transmitted to a Google server in the USA and processed there.
2. Google acts on our behalf within the framework of order processing pursuant to Article 28 GDPR. We have concluded a data protection agreement with Google, which contains the EU standard model clauses.
3. In addition, we have concluded a shared responsibility agreement pursuant to Article 26 GDPR with Google for the use of Google's measurement services (see https://support.google.com/analytics/answer/9012600). Within this framework, we have agreed with Google to be responsible for the fulfillment of information obligations and for ensuring data subject rights in accordance with Chapter 3 of the GDPR, as well as for the security of processing and reporting/notification obligations. (Articles 32 to 34 of the GDPR). Google will use the information to evaluate the use of our online offer by the users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and internet use. In doing so, pseudonymous usage profiles of the users can be created from the processed data.
4. We use Google Analytics to display the ads placed within advertising services of Google and its partners only to users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Google (so-called "remarketing audiences", or "Google Analytics audiences"). With the help of remarketing audiences, we also want to ensure that our ads correspond to the potential interest of users and do not have a harassing effect.
5. We use Google Analytics with IP anonymization enabled.
6. Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID that can be used to recognize you during future website visits. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
7. The recorded data is stored together with the randomly generated user ID, which enables the evaluation of pseudonymous user profiles. This user-related data is automatically deleted after 14 months. Other data remains stored in aggregated form indefinitely.
8. Further information on data use by Google, setting and revocation options can be found on Google's websites:
- https://policies.google.com/technologies/partner-sites?hl=de
("Data use by Google when you use websites or apps of our partners"). - https://policies.google.com/technologies/ads
("Data use for advertising purposes") - https://adssettings.google.com/authenticated
("Manage information Google uses to serve ads to you").
2.6 Google Maps
1. By selecting / clicking on the static map that is embedded on our website, Google Maps is reloaded.
2. By using the Google Maps map, you consent to the collection, processing and use of automatically collected data and data entered by you by Google, one of its representatives or third parties.
3. The terms of use for Google Maps can be found at https://policies.google.com/privacy?hl=en&gl=en.
You can find more details in the data protection centre of google.de at https://policies.google.com/privacy?hl=en&gl=en.
4. Processing is based on your consent in accordance with Article 6 (1) (a) GDPR.
2.7 Google Recaptcha
1. We use Google's reCAPTCHA service, which protects our site from spam and misuse. The service prevents automated software (so-called bots) from executing abusive activities on our websites, which means that it is checked whether the entries made actually come from a human being. Google collects the following data:
- Referrer (address of the page where the captcha is used)
- IP address of the user
- Google account (if the user is registered with Google, this is recognized and assigned)
- The input behavior of the user (eg, input speed into the form fields, order of selection of the input fields by the user) is used to improve pattern recognition on Google.
- Browser, browser size and resolution, browser plugins, date, language settings
- Presentation instructions (CSS) and scripts (Javascript) of the website
- Mouse and touch events within the page
2. Google also reads cookies from other Google services, such as Gmail, Search, and Analytics. All data are encrypted and sent to Google. There is no reading or saving of personal data from the input fields of the respective form.
3. For more information about Google's privacy policy, visit http://www.google.com/policies/privacy/
4. The processing of this information takes place based on legitimate interests in accordance with Article 6 (1) (f) GDPR.
2.8 Money Laundering Act / Copies of ID cards
As real estate agents, we are obliged under the Money Laundering Act (AMLA) to establish the identity of our customers (buyers and sellers).
Therefore, in accordance with § 8 paragraph (2) GwG, we must have the identity cards of both parties to a sales contract, i.e. the buyer and the seller, shown to us and make complete copies of the documents or record them completely optically digital. Copying or pure recording as part of a documentation sheet is not sufficient in itself.
Data protection note: Please support us in ensuring that we only record the necessary data in accordance with the EU General Data Protection Regulation (GDPR). You could and should therefore black all data on the copy that is not required for identification. This applies in particular to the access number and serial number printed on the identity card as well as to the eye colour and body size.
In addition, we are obliged to check whether our customers are acting in their own economic interest or on behalf of a third party. If the latter is the case, we must determine and identify the beneficial owner.
In accordance with § 4 paragraph (6) GwG, you as the customer are obliged to provide us with the relevant information and to submit documents or identification for recording.
In accordance with the GDPR and the AMLA, we only identify the seller and the buyer if there is a serious interest in purchasing. A serious purchase interest exists at the latest when one of the parties has received the draft sales contract from the other. In addition, a serious interest in the conclusion of the sales contract can be assumed if the (prospective) buyer has concluded a reservation agreement or a preliminary contract with the (potential) seller or broker or has paid a reservation fee to the broker.
The data and information collected under the MLA shall be retained for five years in accordance with Section 8(4) MLA and shall be destroyed immediately thereafter. Other statutory provisions on recording and storage obligations shall remain unaffected by this.
2.9 Links to other websites
1. While using some of our services, you will be automatically redirected to other websites.
2. Please note that this privacy policy does not apply there. The privacy policy of the linked website may differ significantly from this one.
3 Cookie Policy
3.1 General Information
1. Cookies are information transmitted by our web server or third-party web servers to the users' web browsers where they are stored for later retrieval. Cookies can be in the form of small files or any other types of information storage.
2. In the case that users do not want that cookies are stored on their computer, they will be asked to disable the corresponding option in their browser's system settings. Saved cookies may be deleted in the system settings of the browser. The exclusion of cookies can lead to functional impairments of this online service.
3.2 Cookie overview, objection
1. You can find an up-to-date overview of the cookies used on this website in the consent management platform "Cookiebot" (see paragraph 2.4.).
2. You can also manage your individual consents and preferences there.
4 Changes to the Data Privacy Policy
1. We reserve the right to change this Data Privacy Policy with regards to the data processing, in order to adapt it to changed legal situations, to changes of the online service or of the data processing.
2. If users' consents are required or if elements of the Data Privacy Policy contain provisions in regards to the contractual relationship with the users, the changes will only be made with the consent of the users.
3. Users are requested to keep themselves informed about the content of this Data Privacy Policy on a regular basis.
October 2022
