PRIVACY POLICY
1. GENERAL INFORMATION
The protection of your privacy and the processing of your personal data in accordance with the law are important to us. As the authority responsible for data protection, we would like to make the processing transparent to you and inform you in the following data protection declaration about how your personal data is processed when you use this website and contact us.
2. DEFINITIONS
The data protection terms used in this data protection declaration, such as “personal data”, “processing” or “person responsible”, are defined by Art. 4 of the General Data Protection Regulation (GDPR).
3. NAME AND CONTACT DETAILS OF THE CONTROLLER RESPONSIBLE FOR THE PROCESSING AND OF THE DATA PROTECTION OFFICER
The controller responsible for your personal data is:
SIGNA Real Estate Management Germany GmbH
Maximiliansplatz 12
80333 München
Telefon: +49 89 – 2323 7278-0
E-Mail: elbtower@signa.de
Internet: elbtower.de
In addition to the controller, you can also get in touch with the relevant data protection officer using the following contact details:
E-Mail.: datenschutz@signa.de
Postadresse:
SIGNA, 1010 Wien
Freyung 3
Attn. Datenschutzkoordinator
4. CATEGORIES OF PERSONAL DATA WHICH WE PROCESS ABOUT YOU / SOURCES OF DATA
Personal data is all information that relates to an identified or identifiable person and therefore information that can be assigned to you individually. This includes, for example, your name, address, telephone number, e-mail address or IP address. As described below, we process various personal data about you that we have received from you in the course of our (business) relationship with you. In addition, we process data that we have permissibly received from agents and consultants or from publicly accessible sources (e.g. company register, land register, etc.).
Use of our Website:
When you use our website, certain information is collected (for more details, see the “Server Log Files” section). In addition, data is collected through the use of cookies, tracking and online marketing tools and plugins (see below for further details).
Contact Form/Contact us:
If you show interest in our real estate offers by filling out the contact form, we will process your [contact form fields], as well as the text of your comments, which you send us via the free text field. We also process other personal data that you have voluntarily provided us with. In addition, we process personal data that you have voluntarily disclosed to us in connection with communication with us or our consultants or agents.
Alternatively, it is also possible to contact us using the contact details provided on our website (e.g. by email or telephone). In this case the data you have provided will be processed.
Real Estate Brokerage:
Within the context of real estate brokerage, we process your master and contact data as well as contract and property data, account and payment data, correspondence, and all other necessary data required for identification and for processing the contractual relationship.
Within the scope of our commission, it may also be necessary for us to process special categories of data, such as information on your health (pursuant to Art. 9 (1) GDPR). If necessary, we will request your consent for this (pursuant to Art. 6 (1) lit. a, Art. 7 and Art. 9 (2) lit. a GDPR).
5. RELEVANT LEGAL BASES
If and insofar as the legal basis is not mentioned in the data privacy statement, the following shall apply: the legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR and/or Art. 9(2)(a) GDPR; the legal basis for processing to provide our services and implement contractual measures as well as to respond to enquiries is Art. 6(1)(b) GDPR; the legal basis for processing to fulfil our legal obligations is Art. 6(1)(c) GDPR; and the legal basis for processing to protect our legitimate interests is Art. 6(1)(f) GDPR. For the event that vital interests of the data subject or of another natural person require the processing of personal data, Art. 6(1)(d) GDPR serves as the legal basis.
6. CONTACT FORM / CONTACTING US
When you send the contact form, your personal data in the contact fields ([contact form fields]) will be processed for the purpose of contacting you and regularly sending you information and event invitations to our property offers. The processing of the data entered in the contact form as well as the transfer of this data to third parties is based on your consent (pursuant to Art. 6 (1) lit. a GDPR) for the purposes stated in each case. There is no obligation to actually provide the data that we ask you to provide on our website. The personal data provided by you via the contact form will be processed as long as we offer you our service described above regarding our property offers and no revocation is made. In any case, your personal data will be deleted 3 years after the last use, unless there is a legal obligation to keep the data.
The registration via the contact form is carried out in a double opt-in procedure. After you have sent your request, you will receive an automated e-mail from us with a verification link for the purpose of confirming the data you have provided as your own.
If, on the other hand, you contact us using the contact data provided on the website (e.g. by e-mail or telephone), your voluntarily provided personal data will be processed for the purpose of processing the request and, in the case of follow up requests, on the basis of your consent (pursuant to Art. 6 (1) lit. a GDPR). In this case, we will delete your personal data if they are no longer required and/or there are no statutory retention periods to prevent deletion.
Revocation of Consent:
Your consent can be revoked at any time, in whole or in part, for the future by contacting the person responsible at the contact details given above (see Section 3.) The revocation does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
7. REAL ESTATE BROKERAGE
If we approach the conclusion of a contract on the basis of your interest and/or your request, another legal basis for the processing of your data within the framework of real estate brokerage is Art. 6 lit. b GDPR (in order to fulfil contractual or pre-contractual obligations). The purpose of the processing is the specific negotiation and preparation of a rental agreement and/or a real estate purchase agreement between you and the landlord and/or the seller as well as all other activities and actions related and necessary to this.
The data will be kept during the time of the contractual relationship and after its termination at least as long as legal retention periods exist or limitation periods of potential legal claims have not yet expired.
You must provide the personal data required for the proper execution of the contractual relationship and which we are legally obliged to collect. If you do not wish to provide us with the data, we must generally refuse to conclude the contract. In this case we can no longer execute an existing contract. However, data which is not necessary for the proper execution of the business relationship or which is not required by law does not have to be provided. The disclosure of such data is then voluntary.
8. SERVER LOG FILES
The provider of the website automatically collects and stores information (browser type and browser version, operating system used, referrer URL, host name of the accessing computer, time of server request and IP address) in so-called server log files, which your browser automatically transmits.
The data collected is used to ensure a smooth connection to the website, to guarantee comfortable use of our website and to evaluate system security and stability. We reserve the right to retrospectively check this data if we become aware of concrete indications of illegal use. A consolidation of this data with other data sources is not carried out.
The legal basis for data processing is Art. 6 (1) lit. f GDPR. The legitimate interest results from the purposes of data collection listed above.
Server log files are stored for a period of 180 days and then deleted. Data whose further storage is required for evidential purposes are excluded from deletion until final clarification of the respective incident.
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. In this case there is therefore no possibility of objection to the use of the data.
10. GOOGLE ANALYTICS
Our website uses Google Analytics, a web analysis service provided by Google LLC (“Google”). Google Analytics uses cookies that are stored on your end device and enable an analysis of your use of the website (including your IP address and the URLs of the websites you visit). The information thus generated is usually transferred to a Google server in the USA and stored there. Google is certified under the Privacy Shield Agreement and thus guarantees that it complies with the European data protection level
(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
This website uses the possibility of IP anonymization offered by Google Analytics. As a result, your IP address will be shortened by Google within member states of the European Union or in other states which are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. The IP address transmitted by your browser within the framework of Google Analytics is not combined with other data from Google.
We have concluded a contract with Google for commissioned data processing.
The data processing is carried out on the basis of Art. 6 (1) lit. a GDPR (consent). We use Google Analytics to create easy-to-use website access statistics and subsequently to improve our services and our web presence.
As described above, you can prevent the storage of cookies by adjusting your browser software accordingly. You can also prevent Google from collecting your data in connection with Google Analytics by downloading and installing the browser plugin available at the following link:
https://tools.google.com/dlpage/gaoptout?hl=de
Alternatively, you can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie is set to prevent the collection of your information on future visits to this website:
Interne Anm. trûon an SIGNA: An dieser Stelle fehlte in der deutschen Datenschutzerklärung ein Link. Dieser müsste noch ergänzt werden.
The personal data will be deleted after 14 months.
You can find more information about Google’s terms of use and Google’s data protection declaration at https://www.google.com/analytics/terms/de.html and https://www.google.com/intl/de/policies/privacy/index.html.
11. GOOGLE TAG MANAGER
This website uses the Google Tag Manager. Google Tag Manager is a solution that allows marketers to manage website tags through one interface. The Tag Manager tool itself (which implements the tags) is a cookie-free domain and does not collect any personal information. The tool triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If disabled at the domain or cookie level, it will remain disabled for all tracking tags implemented with Google Tag Manager.
12. USE OF THE MAILING SERVICE PROVIDER
For mailing purposes we use “MailChimp”, a mailing platform belonging to the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The Privacy Policy of this mailing service provider can be viewed here: https://mailchimp.com/legal/privacy/.
The of our recipients are stored on MailChimp’s servers in the USA. MailChimp uses this information for mailing and analysis on our behalf. MailChimp can also, according to its own information, use these data to optimise or improve its own services, e.g. for technical optimisation of the mailing process and the presentation. However, MailChimp does not use data belonging to our recipients to contact them itself, nor does it forward data to third parties.
MailChimp is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law. This mailing service provider is deployed on the basis of a data processing agreement pursuant to Art. 28(3) GDPR, in which MailChimp undertakes to protect your personal data and to process it on our behalf.
13. FORWARDING OF DATA
Data will only be transferred for the purpose of fulfilling (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests.
All contract processors are contractually obliged by us to comply with the applicable data protection regulations in relation to us on the basis of Art. 28 GDPR. In addition to the service providers listed in the data protection declaration, the IT service provider (currently SIGNA Informationstechnologie GmbH) is also active on our behalf as a processor.
Where necessary for the performance of the contract or where required by law we will disclose or transfer your data to, amongst others, subsequent recipients:
- third parties involved in the transaction (including persons necessarily participating in the transaction and potential contractual partners, financing companies, credit institutions, insurance companies, etc.);
- service providers (including tax consultants, property management, insurance companies, accountants, lawyers, ombudsmen, other service providers, etc.); and
- Tax office and other authorities, tax consultants and legal representatives (in the enforcement of rights or defense of claims or in the context of official proceedings).
Your data will, of course, only be passed on to the extent necessary for the respective purpose of processing.
A transmission to recipients in a third country (outside the EU) or an international organisation is not intended, with the exception of the automated sending of e-mails via MailChimp and within the framework of tracking and online marketing tools (more details above). MailChimp, Google and Facebook are certified under the Privacy Shield Agreement and thus guarantee to respect the European level of data protection.
14. DATA SECURITY
We use appropriate technical and organizational measures to ensure the security of data processing and to process your personal data in such a way that it is protected from access by unauthorized third parties.
Notwithstanding our security measures, it cannot be ruled out that information which you disclose to us via the Internet, in particular in the context of unencrypted e-mails, may be viewed and used by other persons.
15. CHANGES TO THIS DATA PRIVACY STATEMENT
We reserve the right to adapt the information provided in this data protection declaration to changes in legislation, jurisdiction and/or for organizational reasons without prior notice. The current version published here is valid.
16. YOUR RIGHTS IN CONNECTION WITH PERSONAL DATA
Pursuant to the GDPR, you are entitled to the rights listed below as a person affected.
Right to Information:
You have the right to request information as to whether we are processing personal data about you and what data this is, as well as to receive further information pursuant to Art. 15 GDPR.
Right of Correction:
Pursuant to Art. 16 GDPR, you have the right to request the correction of inaccurate personal data concerning you or, having regard to the purposes of the data processing, the completion of incomplete personal data.
Right to Deletion of Data (“Right to be forgotten”):
You have the right to have your data deleted, provided that the requirements of Art. 17 GDPR are met.
Right to limit Processing:
You have the right to limit the processing of all personal data collected, pursuant to Art. 18 GDPR.
Right to Transferability of Data:
You have the right to data transferability, provided that the conditions of Art. 20 GDPR are met.
Right of Revocation:
If the processing is based on consent, you also have the right to revoke this consent at any time (see in detail Art. 7 (3) GDPR). The revocation does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
Right of Objection:
Pursuant to Art. 21 (1) GDPR, you have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is necessary to protect our legitimate interests or those of a third party (Art. 6 (1) lit. f GDPR). If you object, your data will no longer be processed after the objection has been lodged, unless there are compelling reasons for processing which are legitimate and worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
Pursuant to Art. 21 (2) and (3) GDPR, you also have the right to object to the processing of data for the purpose of direct advertising, with effect for the future.
Assertion of Rights and Right of Appeal:
Right to information:
To exercise your rights, you may address your above-mentioned rights (indicating your request) to the contact details of the data controller indicated above (see Section 3.).
In order to protect your privacy and security, we reserve the right to verify your identity before taking any of the above measures.
The protection and processing of your personal data in accordance with the law is an important concern for us. If you have any questions or concerns regarding the processing of your personal data, please contact us using the contact details of the person responsible or the data protection coordinator given above (see Section 3.). Should you nevertheless be of the opinion that the processing of your personal data is unlawful, you can also contact the Austrian data protection authority.