Data protection notes
Information in compliance with the General Data Protection Regulation (GDPR) concerning processing of your data and your rights.
1. Data controller for data processing
The data controller as defined under data protection law is
E & G Private Immobilien GmbH
Börsenplatz 1, 70174 Stuttgart
Tel: +49 711/20702-800
Fax: +49 711/20702-801
Email: stuttgart@eug-re.de
2. What personal data we process and the purpose of processing
We process personal data which our customers provide directly to us within the scope of our business relationship. Should we have received data from you, then we will, as a matter of principle, only process it for the purposes for which it was provided or gathered.
As a general rule we process the following categories of personal data:
Over and above this, we process the following data:
Within the scope of the initial business contact and during the business relationship, in particular by means of personal, telephone or written contact which is initiated by you or by one of our employees, further personal data may be generated, such as information concerning the contact channel, date, reason and outcome; (electronic) copies of correspondence and information concerning participation in direct marketing measures.
We also process personal data which has been obtained by legal means from publicly accessible sources (e.g. commercial and clubs registers, the press, the media, the Internet) and which it is permitted to process.
Data processing for other purposes will only be considered if the relevant legal preconditions as per Art. 6 Para. 4 GDPR are on hand. We will, in such cases, naturally comply with any information obligations as per Art. 13 Para. 3 DGDPR and Art. 14 Para. 4 GDPR.
3. Legal basis for processing of your data
The following provides information concerning the legal basis on which we process your data. Based on your consent (Art. 6 Para. 1 lit. a) GDPR We will process personal data for one or more specific purposes if you have given us the corresponding consent. Should personal data be processed on the basis of your consent, then you have the right to withdraw this consent at any time, with effect for the future.
To comply with a legal obligation (Art. 6 Para. 1 lit. c) GDPR Data processing is often based on a legal or supervisory authority obligation. These include, for example, the German Commercial Code (HGB), the German Tax Code (AO), the German Money- Laundering Act (GWG), etc. E & G Private Immobilien GmbH thus requires the data, among other things, for legitimation purposes and to comply with commercial law regulations.
On the basis of a weighing up of interests (Art. 6 Para. 1 lit. f) GDPR Insofar as E & G Private Immobilien GmbH considers it to be necessary, we will process personal data beyond the extent required to perform contractual obligations in order to protect your legitimate interests or third-party interests. This will, however, only take place if, following weighing up, these interests override the conflicting interests of the data subject. As a general rule E & G Private Immobilien GmbH’s actions are based on the company’s own commercial interests.
Real Estate GmbH’s legitimate interests in processing personal data are:
Should we process data on the basis of a weighing up of interests, then you, as the data subject, have the right to object to processing of your personal data, taking into account the provisions of Art. 21 GDPR. Insofar as the specific purpose allows, we will process your data in pseudonymized or anonymized form.
4. Other recipients of your data
Any forwarding of your data will be in compliance with legal regulations.
Forwarding to contract processors within the scope of Art. 28 GDPR Contract processors (Art. 28 GDPR) commissioned by us, in particular in the field of IT services and, for example, printing services who process your data on our behalf and as per our instructions. Whenever we commission service providers to perform our tasks, we always take data protection regulations into account; in particular, data is only forwarded after contracts governing data processing have been signed.
To fulfil a contractual relationship
Should it be necessary to perform the contract with you, then we will, for example, forward your data to banks or shipping services providers.
Forwarding as per a legal obligation
Where a legal or official obligation exists, we will forward your data to public authorities or institutions (government agencies, e.g. within the scope of criminal proceedings).
Any other institutions insofar as you have given your consent
We may also forward your data to other institutions if we have an explicit consent on hand. This will, however, only take place within the boundaries of the documentable consent on your part.
Forwarding in order to obtain information
Insofar as we provide services in advance, e.g. purchase against invoice, then we reserve the right to safeguard our legitimate interests by obtaining identity and credit-rating information from specialist service providers (credit agencies).
Overview of recipient groups in the real estate sector
| Possible groups of recipients | Whose data? | Purpose |
|---|---|---|
| Lawyers & notaries | Vendor/Purchaser Landlord/Tenant |
- Drafting of contracts - Processing of legal disputes - Legal advice |
| Land register office | Vendor | - Extracts from the land register |
| Cadastral office | Vendor | - Real estate property map |
| Energy consultants | Vendor | - Needs-based energy certificate |
| Building authorities | Vendor | - Extract from list of encumbrances |
| Property owners | Potential tenant Potential purchaser |
- Burden of proof (performance of broker’s contract) - Securing of commission |
| Owners & building contractors | Landlord/Owner Tenant |
- Forwarding to the owner’s tax consultant - Statistical evaluationsngen |
| Banks | Landlord/Owner Tenant |
- Management of deposits - Direct debits - Bank transfers |
| Credit agencies | Potential tenant | - Credit check |
| General Directorate of Customs | Vendor/Purchaser | - Notification as per the German Money-Laundering Act |
5. Duration of data storage – How long will your data be stored?
Purpose-related storage duration
We will process data for as long as this is required for the corresponding purpose. Insofar as necessary, we will process your personal data for the duration of our business relationship, which also includes initiation and processing of a contract.
Storage in compliance with legal regulations
Over and above this, we are subject to various archiving and documentation obligations as defined, for example, by the German Commercial Code (HGB) or tax law. The period of time may be up to ten years. Please note the relevant laws, in particular Sect. 257 German Commercial Code (HGB), Sect. 147 German Tax Code (AO), Sect. 8 German Money- Laundering Act (GWG), etc. Insofar as E&G Real Estate GmbH requires personal data and documents as evidence to establish, assert or defend legal claims, then E & G Real Estate GmbH will in the first instance refrain from deleting data in accordance with the relevant statutes of limitations and will limit its processing for other purposes.
Storage until you withdraw consent
Where data processing takes place until consent is withdrawn, then we will process your data until you withdraw consent. As a matter of principle we carry out a data review at the end of each calendar year to establish whether it continues to be necessary to process the data. Due to the volume of data this review is carried out based on specific types of data or processing purposes.
You can, of course, request information at any time about what personal data concerning you we are have stored and, should processing not be necessary, then you may request erasure of the data or limitation of its processing.
6. Transfer of your data to a third country
As a matter of principle, we process your personal data in data centres located in the Federal Republic of Germany or the European Union.
Transfer to a third country will only be considered if you have given us your consent or we have concluded a contract concerning data processing as per Art. 28 GDPR, taking into account EU standard contract clauses or other appropriate guarantees.
7. Your rights
The following provides an overview of what rights you have under the terms of the General Data Protection Regulation.
Right to information (cf. Art. 15 GDPR)
In accordance with Art. 15 GDPR you have the right to information concerning processing of your personal data.
Right to rectification (cf. Art. 16 GDPR)
You have the right to rectification of inaccurate personal data. Taking into account the processing purposes, you have the right to demand completion of incomplete personal data – also by means of a supplementary declaration.
Right to erasure /Right to “be forgotten” (cf. Art. 17 GDPR)
You have the right to erasure of your personal data, in particular if the data is no longer necessary for the purposes for which it was processed or you have withdrawn your consent.
Right to restriction of processing/blocking (cf. Art. 18 GDPR)
You have the right to restriction, in particular if you contest the accuracy of the personal data. Restriction will apply for a period which enables us to verify the accuracy of the personal data.
Right to data portability (cf. Art. 20 GDPR)
You have the right to receive personal data concerning you which you have provided to us in a structured, commonly used and machine-readable format and the right to transmit this data to another data controller without hindrance by us insofar as the processing is based on consent or a contract and processing is carried out with the help of automated processes.
Right to object (cf. Art. 21 GDPR)
You have the right to object to processing of personal data, in particular to processing in order to carry out direct marketing. See also Section 8 Objection rights.
Automated decisions in individual cases including profiling (cf. Art. 22 GDPR)
You have the right not to be subjected to a decision based solely on automated processing – including profiling – which has legal consequences for you or which significantly impacts you in a similar manner. This does not apply if the decision is required to conclude or perform a contract between us; is permitted by law and these regulations include appropriate measures to safeguard your rights and freedoms and your legitimate interests; or it has been made with your specific consent.
Right to complain (cf. Art. 77 DGVO)
You have the right to complain to a data protection supervisory authority about our processing of your personal data. For a list of German state data protection officers and their contact details click the following link www.bfdi.bund.de/
8. Concretization of your rights to object (cf. Art. 21 GDPR)
Individual case-related right to object
You have the right, based on reasons relating to your specific situation, to object at any time to processing of your personal data as per Article 6 Para. 1 lit. f GDPR (data processing on the basis of weighing up of interests).
This also applies to profiling based on this provision as defined by Art. 4 No. 4 GDPR, which, for example, can be carried out for customer advice and management and for sales purposes. Should you lodge an objection, then we will no longer process your personal data unless we can prove urgent grounds for processing which are worthy of protection and override your interests, rights and freedoms or if processing is required to establish, assert and defend legal claims.
Right to object to data processing for direct marketing purposes
We may, within the scope of legal regulations, process your data for direct marketing purposes. You have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising. This also applies to profiling insofar as it is linked to such direct advertising.
Should you object to processing for direct advertising purposes, then we will no longer process your personal data for such purposes. There are no specific formal requirements for the objection.
Please send your objection to the above-mentioned data controller.
9. Legal or contractual obligation to provide personal data (Art. 13 Para. 2 lit. e) GDPR
The provision of personal data is generally required to initiate, conclude, process and rescind a contract. Should you not provide the required personal data, then we will be unable to conclude and perform a contract with you.
10. Data protection officer
We have appointed a company data protection officer. You have the following options to contact him:
Fabian Henkel
Kantstrasse 14, 71277 Rutesheim
Tel: +49 7152/564773
Email: info@externer-datenschutzbeauftragter-stuttgart.de
