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  • Engel & Völkers Berlin Mitte GmbH | Privacy Policy

    Valid from 01/02/2023

    Controller and your rights as a data subject *
    (*Note about gender: For reasons of better legibility, the simultaneous use of the language forms male, female
    and other (m/f/x) is omitted below. All of the personal designations mentioned in this text apply equally to all
    genders.)

    Controller

    The controller for the data processing regulated in this Privacy Policy is specified below, pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) (hereinafter “we“or “us“)

    Our contact details are as follows:
    Engel & Völkers Berlin Mitte GmbH,
    Licence partner of Engel & Völkers Residential GmbH Hamburg
    Lennéstrasse 3
    D-10785 Berlin
    Phone: +49-30 – 20 37 80
    Fax: +49-30 – 20 37 82 00
    Email: berlinmittemmc@engelvoelkers.com

    1. Data protection officer

    If you have any questions about this Privacy Policy or about data protection in general, please contact our data protection officer:
    Ms Stefanie Schneider
    Engel & Völkers Berlin Mitte GmbH,
    Licence partner of Engel & Völkers Residential GmbH Hamburg
    Lennéstrasse 3
    D-10785 Berlin
    Phone: +49-30 – 20 37 81 27
    Fax: +49-30 – 20 37 82 00
    Email: stefanie.schneider@engelvoelkers.com

    If you have a complaint about the way in which we process your data, you have the option of lodging a complaint with the supervisory authority.

    Berlin Commissioner for Data Protection and Freedom of Information
    Friedrichstr. 219
    10969 Berlin
    Telephone: 030 13889-0
    Fax: 030 2155050
    Email: mailbox@datenschutz-berlin.de

    1. Your rights as a data subject

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

    In summary, you have a right to:

    In addition, you have the right to object to the processing of your personal data for direct marketing purposes at any time. If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.
    According to Art. 7 III of the EU General Data Protection Regulation (hereinafter “GDPR”), you may at any time revoke your initial consent towards us. Once the consent is revoked, we will no longer continue to process the data.
    Please note that your right to the deletion of your data is subject to certain restrictions. For example, we do not have to or are not allowed to delete data that we are required to retain due to legal retention periods. Data that we need for the establishment, exercise or defence of legal claims is also excluded from your right of deletion.
    If you have a complaint about the way we process your data, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your residence, workplace or the place of the alleged
    breach.
    We reserve the right to disclose information about you if we are required to do so by law enforcement bodies or other lawful authorities. Legal basis: Art. 6 I sentence 1 lit. c GDPR (legal obligation).

    Overview of our data processing procedures

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

    I. You visit our company website on the Internet.
    II. You conclude a search request or marketing contract with us, request an exposé from us or commission us to carry out a property valuation.
    III. We search for a property for you together with another Engel & Völkers licence partner (referral)
    IV. You apply on your own initiative or in response to a job advertisement
    V. Storage and deletion of your data

    I. Collection and processing of personal data when you visit our company website on the Internet

    We will only process personal data if you send it to us via the contact forms on our company website. Personal data will only be processed if you have given us your consent to do so or if the processing is permitted by law. For certain services that we offer on our company website, we require a minimum amount of data. We have marked this mandatory information with an “asterisk”. Without the mandatory information, we are unable to provide our services.

    1. What data do we process from you (hereinafter referred to as “you” or “user”)?

    If you only want to use the website for informational purposes, 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 will collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):

    If you use our company website for more than just informational purposes, we will process personal data, namely:
    Email address, first name, last name, title, address, telephone number, property data – referred to as “data” or “personal data” in the context of this Privacy Policy) provided by you in the case of the services offered on our company website (e.g. in the context of contact queries and newsletter mailings as well as the market price determination (“valuation”) of properties).
    In addition to the option of visiting our website for purely informational or other purposes, we also offer you various services if you are interested. For this purpose, you are usually required provide further personal data that
    we use to provide the respective service and to which the aforementioned data processing principles apply.
    We process personal data that we receive from interested parties and/or our customers or their representatives/authorised representatives or employees as part of the business initiation phase and/or as part of
    our business relationship. We also process personal data when you visit our websites (including social media, such as Facebook, Instagram, etc.). This means that we collect your personal data in particular when you contact
    us, are interested in our products, register on our websites, contact us by email, telephone or via a contact form or use our products and services as part of existing business relationships.
    In addition, we process – to the extent necessary for the provision of our services – personal data that we have received from other companies of the Engel & Völkers Group or from other third parties to the extent legally
    permitted (e.g. for the execution of orders, for the fulfilment of contracts or on the basis of consent given by you).
    Furthermore, if this is deemed necessary for our services, we also process some personal data that we have legitimately obtained from publicly accessible sources (e.g. debtors' lists, commercial and association registers,
    press, media, Internet) and are authorised to process.
    Relevant personal data may include:
    Personal identification details
    e.g. first and last name, title, position/function, date of birth, private and business address, private and business telephone/mobile number, private and business email address, fax number, order and contract data, e.g. details about your product or contractual interests (information on properties sought
    or offered) and property documents, property data, data from the fulfilment of our contractual obligations, copies of correspondence/communication content, details about your financial situation, e.g. creditworthiness
    information, payment history, records with credit agencies, payment arrears, information on income, information on your interests and wishes that you communicate to us, e.g. information on participation in direct marketing
    measures. This also includes any other data comparable with these categories.

    Newsletter

    With your consent, you can subscribe to our newsletter, which we use to inform you about our current interesting offers. The advertised goods and services are specified in the declaration of consent. We use the double opt-in
    procedure for subscribing to our newsletter. This means that after you subscribe, we will send you an email to the specified email address in which we ask you to confirm that you wish to receive the newsletter. If you do not
    confirm your subscription, your information will be blocked and automatically deleted after one month. In addition, we store the IP addresses you used as well as the time of your subscription and confirmation. The purpose of this
    procedure is to verify your subscription and, if necessary, to clarify any possible misuse of your personal data. The only mandatory information for sending the newsletter is your email address and your name. Once your
    confirmation has been received, we will save your email address and your name for the purpose of sending you the newsletter. The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR.

    You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can revoke your consent by clicking on the link provided in every newsletter email by sending an email to:
    BerlinMitte@engelvoelkers.com or by sending a message to the contact details specified in the imprint.

    We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the transmitted emails contain web beacons or tracking pixels, which represent one-pixel image files saved on our
    website. For evaluation purposes, we link the data specified under Clause 4 and the web beacons with your email address and an individual ID. Links received in the newsletter also contain this ID. We use the data obtained in
    this way to create a user profile in order to tailor the newsletter to your individual interests. To do so, we record when you read our newsletters and which links you click in them, and we draw conclusions about your personal
    interests from this. We link this data to the actions you perform on our website.

    You can object to this tracking at any time by clicking on the separate link provided in each email or by informing us by email to BerlinMitte@engelvoelkers.com.

    The information will be stored for as long as you remain subscribed to the newsletter. After you have unsubscribed, we will store this data anonymously and purely for statistical purposes. Such tracking activity will not be possible if you deactivate the display of images by default in your email program. In this case, the newsletter will not be displayed in full and you may not be able to use all of its functions. If you display the images manually, the aforementioned tracking will be carried out.

    Use of cookies

    Use of cookies on the website

    Engel & Völkers uses cookies to improve users’ browsing experience on the website. Cookies are small text files, usually consisting of letters and numbers, which are stored by the user’s web browser on their PC and contain pseudonymised data. Cookies allow a website to recognise the user’s computer in order to track the browsing of multiple pages on a website and to identify users who return to a website. There are cookies for technical, analytical and profiling purposes.

    The website uses the following technical cookies:

    a) Google Analytics

    Engel & Völkers uses the web analytics service Google Analytics from Google Inc. (“Google”) to analyse use of the websites. The information generated from cookies about the use of the websites is usually transmitted to a Google server in the USA where it is stored.
    Engel & Völkers uses Google Analytics exclusively with the extension “ga (‘set’, ‘anonymizeIp’, true)”; to ensure that IP addresses are only processed in truncated form and to exclude any direct references to individual persons. Google may transfer data to third parties where required to do so by law, or where such third parties process the data on Google’s behalf. Google will not disclose the IP address of users in connection with other Google data.
    Users can prevent the recording and storage of data by Google Analytics at any time by installing a Google-approved browser plug-in, which can be downloaded from the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

     

    b) Universal Analytics

    Engel & Völkers uses the Universal Analytics functions provided by Google. With these functions, Engel & Völker can record and analyse socio-demographic data about users with the help of a Google ID (if available) and cookies generated by Google from advertising
    content (DoubleClick). If a Google ID is available, the data controller will also record this data across all devices (e.g. if users use a smartphone and a PC) in order to analyse visitor flows across all devices. Users can prevent the recording and storage of data by Google at any time by installing a Google-published browser plug-in, which can be downloaded from the following link: https://tools.google.com/dlpage/gaoptout?hl=en. This website does not use profiling cookies.

    c) Google remarketing and retargeting

    We use the Google Analytics advertising functions, which enable users who have already visited the website and have shown an interest in certain offers to be addressed again through targeted advertising on the pages of Google partner networks. Advertising is displayed through the use of cookies that analyse user behaviour during

    a visit to the website and send targeted product recommendations and advertising based on the user’s areas of interest.

    Users can prevent Google Remarketing and disable the use of cookies by Google for these purposes by accessing the deactivation page for DoubleClick. Alternatively, users can disable the use of cookies by third parties by accessing the deactivation page of the Network Advertising Initiative.

     

    d) Facebook remarketing and retargeting

    We use remarketing technology for advertising on Facebook. With this technology, users who have already visited the website and are interested in an offer are addressed through targeted advertising on Facebook in the form of displayed adverts. Advertising is made possible through the use of cookies by the service provider AdRoll (AdRoll EMEA, Level 6; 1, Burlington Plaza Burlington Road, Dublin 4, Ireland). Users can deactivate targeted advertising via Facebook remarketing technology by disabling the use of cookies by third parties on the Facebook Advertising Initiative deactivation page at the following link: http://optout.networkadvertising.org/

    You will find the Cookie Policy at the bottom of our company website.

     

    Links to social media pages

    This website contains links to the most important social media network sites (e.g. Facebook and Twitter). To prevent the providers of the respective social media plug-ins from collecting information about users, they can log out of the social media network at the beginning of their visit to the website and delete any cookies that may exist from their browser.) In this respect, we do not mean the embedding of social media plug-ins, but rather links in
    which personal data is not transmitted to the social media operators.
    Rights of data subjects
    You have a right to information about the processing of your personal data (e.g. the origin of this data, the purpose of its processing, the modalities of data processing). Furthermore, under certain conditions, you are entitled to object to data processing for the future, to restrict it or to request the deletion of the data. Finally, you may at any time stop the sending of advertising material or the execution of market research or commercial communications.In summary, you have a right to:

    Please note that your right to the deletion of your data is subject to certain restrictions. For example, we do not have to or are not allowed to delete data that we are required to retain due to legal retention periods. Data that we need for the establishment, exercise or defence of legal claims is also excluded from your right of deletion.

     

    2. Purpose of processing and legal basis

    We process your data for the following purposes:

    In summary:

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

    If the legal basis is your consent, you are entitled to withdraw your consent at any time without affecting the lawfulness of any personal data processing carried out with consent prior to its withdrawal. If the legal basis is a legitimate interest, you are also entitled in principle to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.

     

    3. Disclosure of your personal data

    We will only disclose your personal data to third parties if this is deemed necessary to fulfil the contract, if we or the third party have a legitimate interest in doing so, if there is a legal obligation to disclose it or if you have given your consent. If data is transmitted to third parties on the basis of a legitimate interest, this will be explained in this Privacy Policy.

    If your contact request pertains to offers from other companies in the Engel & Völkers Group, we will transmit the personal data provided by you in this case to the respective company from the Engel & Völkers Group with your prior consent or – if legally permissible – on the basis of a legitimate interest. We will not pass on your personal data beyond this.

    When we refer to the “Engel & Völkers Group” in this Privacy Policy, we mean the companies belonging to the Engel & Völkers group of companies pursuant to §§ 15ff. AktG (German Stock Corporation Act) as well as the (master) licence partners which are directly or indirectly contractually affiliated to this group of companies and to which we also belong. A current overview of these licence partners can be found here: https://www.engelvoelkers.com/de/unternehmen/standorte/).

     

    4. Transmitting data to non-EEA countries

    In addition to the above paragraph “Disclosure of your personal data”, the following applies:

    The recipients of personal data may be located outside the EEA/UK. If personal data is transmitted to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has decided that the country to which personal data is transmitted ensures an adequate level of protection (Art. 45 GDPR) or such transmission is subject to appropriate safeguards
    (e.g. standard contractual clauses) of the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree additional measures with the recipients to ensure an appropriate level of data protection. Copies of the appropriate safeguards (where we rely on them) and a list of recipients outside the EEA/UK can be requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.

     

    II. You conclude a search request or marketing contract with us, request an exposé from us or commission us to carry out a property valuation1.

    1. What data do we process from you

    When searching for, selling or renting a property, requesting an exposé or evaluating a property, we regularly process the following personal data concerning you:

     

    2. Purpose of processing and legal basis

    If the legal basis is your consent, you are entitled to withdraw your consent at any time without affecting the lawfulness of any data processing carried out with consent prior to its withdrawal. If the legal basis is a legitimate
    interest, you are also entitled in principle to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.

     

    3. Disclosure of data

    If your enquiry (e.g. on the occasion of an evaluation enquiry) concerns offers from other licence partners of the Engel & Völkers Group, we will transmit the personal data you have entered to the respective company of the Engel & Völkers Group following your prior consent.

    For more information, please read the information regarding referrals in section III.

    Furthermore, we transmit personal data to contractual partners (owners, landlords, search clients) and supporting service providers such as notaries, lawyers, property managers, and property developers as part of the
    processing of a contractual relationship, as well as in the context of credibility reports or to supervisory authorities (such as for money laundering documentation). We may also transfer your data to third parties to the extent
    permitted by law. Third parties to which we may disclose your personal data, irrespective of our performance, include external advisors (e.g. lawyers and auditors), public authorities within their jurisdiction to comply with legal
    obligations and/or to protect our rights (e.g. tax authorities, police, public prosecutors, courts), potential purchasers or acquirers of all or part of our assets and/or activities, and other third parties where you instruct us
    to disclose data or give your consent to do so.

    Other than that, we will only share your personal data with staff (permanent staff such as employees and freelance property consultants) and third-party companies (e.g. IT service providers, hosting providers, etc.) to whom/which we have outsourced services involving processing operations as part of order processing.

     

    4. Transmitting data to non-EEA countries

    In addition to the above paragraph “Disclosure of your personal data”, the following applies:

    The recipients of personal data may be located outside the EEA/UK. If personal data is transmitted to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has decided that the country to which personal data is transmitted ensures an adequate level of protection (Art. 45 GDPR) or such transmission is subject to appropriate safeguards
    (e.g. standard contractual clauses) of the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree additional
    measures with the recipients to ensure an appropriate level of data protection. Copies of the appropriate safeguards (where we rely on them) and a list of recipients outside the EEA/UK can be requested. Please note
    that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.

    If your enquiry relates to licence partners of the Engel & Völkers Group outside the European Union, we will transfer your data to the locally / matter-related licence partner following your consent.

    III. We search for a property for you together with another Engel & Völkers licence partner (“referral”)

    If we search for a property for you together with another licence partner, your data will only be transmitted based on your prior consent. Please note that both we, as your initial contact, and the licence partner of the Engel &
    Völkers Group to which your data is provided process your personal data. Both parties, namely we and this licence partner, are independently responsible for the respective data processing. Both we and this other licence
    partner do not have access to each other’s data and do not process your data jointly. If you wish to assert data subject rights, please check in advance whether you wish to assert them against us or against the other licence
    partner of the Engel & Völkers Group which also processes your data.

    Please refer to the above information to find out how how we process your data in connection with the marketing of your property, what rights you have in this context and who your contact persons are in the event that you wish
    to assert data subject rights.

     

    IV. You apply on your own initiative or in response to a job advertisement

    1. What data do we process from you

    If you apply to us via our website or via a job advertisement, we will process your name as well as your address, telecommunications and application data. The provision of your address and telecommunications data, which is stipulated as mandatory information, is necessary to contact you about your application and to be able to allocate the application.

    2. Purpose of processing and legal basis
    We process your personal data for the following purposes:

    If the legal basis is your consent, you are entitled to withdraw your consent at any time without affecting the lawfulness of any data processing carried out with consent prior to its withdrawal. If the legal basis is a legitimate interest, you are also entitled in principle to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. In this respect, Art. 21 GDPR applies.

    We need your personal data in order to fulfil the processing purposes listed above. You are free to not disclose any personal data to us. In this case, you will be unable to participate in the application process for job vacancies.

    3. Disclosure of data

    We will only disclose your personal data to third parties if this is deemed necessary to fulfil the contract, if we or the third party have a legitimate interest in doing so, if there is a legal obligation to disclose it or if you have given your consent. If data is transmitted to third parties on the basis of a legitimate interest, this will be explained in this Privacy Policy.

    If you apply via the global online job portal of Engel & Völkers Holding GmbH, your application documents will be sent to us by Engel & Völkers Holding GmbH. You should now know how Engel & Völkers Holding GmbH
    processes your personal data as part of the application process and you can read about this at any time via the global online job portal on the corresponding Engel & Völkers Holding GmbH website.

     

    4. Transmitting data to non-EEA countries

    In addition to the above paragraph & “Disclosure of your personal”, the following applies:
    The recipients of personal data may be located outside the EEA/UK. If personal data is transmitted to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected,
    either because the European Commission has decided that the country to which personal data is transmitted ensures an adequate level of protection (Art. 45 GDPR) or such transmission is subject to appropriate safeguards
    (e.g. standard contractual clauses) of the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Furthermore, where necessary, we intend to agree additional
    measures with the recipients to ensure an appropriate level of data protection. Copies of the appropriate safeguards (where we rely on them) and a list of recipients outside the EEA/UK can be requested. Please note that these copies may be redacted to the extent necessary to protect trade secrets or other confidential information.

    5. Storage and deletion of your data

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

    In the context of application procedures that conclude without an employment arrangement, your data will be regularly stored for six months for documentation purposes and then deleted or destroyed; this includes any
    additional documents provided to us in relation to the application process. In the event that you provide us with express consent to retain your data for future applications, we will retain the relevant data for a longer period of
    time.