Privacy statement

Status May 2018

Name and Address of the Data Controller

The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States and other provisions under the data protection law is:

Deutsche Real Estate Aktiengesellschaft
Oudenarder Str. 16
13347 Berlin
Deutschland
+49 (0) 30 24 00 864 - 0
info@drestate.de
www.drestate.de

Name and Address of the Data Protection Officer

The Data Protection Officer is:

DataCo GmbH
Dr. Teßmar von Bonin
Dachauer Str. 65
80335 München
Deutschland
+49 89 740045840
datenschutz@dataguard.de
www.dataguard.de

General Information on Data Processing

1. Scope of the Processing of Personal Data

We process the personal data of our users only to the extent necessary to provide a functioning website and our content and services. The personal data of our users is processed on a regular basis only after the user has given his consent. An exception shall be made in cases where the prior consent of the user could not be obtained for valid reasons and the processing of the data is permitted under statutory provisions.

2. Legal Basis for the Processing of Personal Data

If we obtain the consent of the data subject for the processing of personal data, Art. 6 Para. 1 S. 1 lit. a EU General Data Protection Regulation (GDPR) shall serve as the legal basis.

Art. 6 para. 1 sentence 1 lit. b GDPR shall serve as the legal basis for the processing of

personal data required for the performance of a contract to which the data subject is a party. This shall also apply to processing procedures required for pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c GDPR shall serve as the legal basis.

In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 sentence 1 lit. d GDPR shall serve as the legal basis.

In the event that the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 sentence 1 lit. f GDPR shall serve as the legal basis for the processing.

3. Deletion of Data and Duration of Storage

The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be retained if the European or national legislator has so provided under Union regulations, laws or other provisions which apply to the Controller. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires unless further storage of the data is necessary for the conclusion or performance of a contract.

Rights of Data Subjects

If your personal data is processed you are the data subject within the meaning of the GDPR and entitled to the following rights vis-à-vis the Controller:

1. Right of Access

You can request confirmation from the Controller as to whether we process your personal data.

In the event of such processing, you may ask the Controller to provide you with the following information:

1. the purposes for which the personal data is processed;

2. the categories of personal data that are processed;

3. the recipients or categories of recipients to whom your personal data has been disclosed or will be disclosed;

4. the planned duration of the storage of your personal data or, if it is not possible to provide specific information in this regard, criteria for determining the duration of storage;

5. the existence of a right to rectify or delete your personal data, a right to limit the processing by the Controller or a right to object to such processing;

6. the existence of a right of appeal to a supervisory authority;

7. all available information on the origin of the data if the personal data is not collected from the data subject;

8. the existence of automated decision-making including profiling in accordance with Article 22(1) and (4) GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You shall be entitled to request information as to whether your personal data will be transferred to a third country or to an international organisation. In this event you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR that shall apply in connection with such a transfer.

2. Right to Rectification

You shall be entitled to have your personal data corrected and/or completed by the Controller if the processed personal data concerning you is inaccurate or incomplete. The Controller shall carry out the rectification immediately.

3. Right to Limitation of Processing

Under the following conditions, you may request that the processing of your personal data be restricted:

  • if you dispute the accuracy of the personal data concerning you for a period of time which allows the Controller to verify the accuracy of the personal data;
  • the processing is unlawful and you object to the deletion of the personal data and instead demand that the use of the personal data be restricted;
  • the Controller no longer needs the personal data for the purposes of the processing, you, however, need it for the assertion, exercise or defence of legal claims, or
  • if you have lodged an objection against the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the justified reasons of the Controller outweigh your reasons.

If the processing of your personal data has been restricted, such data - apart from its retention - may only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or if it is substantially in the public interest of the Union or a Member State.

If the limitation of processing has been restricted based on one of the above conditions, you shall be informed by the Controller before the restriction is lifted.

4. Right to Deletion

a) Deletion Obligation

You may request the Controller to delete your personal data and the Controller shall be under the obligation to delete such data immediately if one of the following reasons applies:

1. your personal data is no longer necessary for the purposes for which it was collected or otherwise processed;

2. you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 sentence 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing;

3. you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 GDPR;

4. your personal data has been processed unlawfully;

5. the deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States applicable to the Controller;

6. your personal data relating has been collected in connection with information society services pursuant to Art. 8 para. 1 GDPR.

b) Information to Third Parties

In the event that the Controller has made your personal data public and is under the obligation to delete your data in accordance with Art. 17 (1) GDPR the Controller shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the processors who process the personal data that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

c) Exceptions

The right to deletion shall not exist if the processing is necessary

1. to exercise the right to freedom of expression and information;

2. to fulfil a legal obligation requiring the processing under the law of the Union or the Member States that applies to the Controller, or to perform a task that lies in the public interest or is performed in the exercise of the official authority vested in the Controller;

3. for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;

4. for archiving purposes in the public interest, for scientific or historical research or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to under section a) can be presumed to make the attainment of such processing objectives impossible or to seriously impair them, or

5. to assert, exercise or defend legal claims.

5. Right to Notification

In the event that you exercised your right to rectify, cancel or limit the processing of your personal data vis-à-vis the Controller, the latter shall be under the obligation to notify all recipients to whom your personal data has been disclosed of such rectification, cancellation or limitation, unless this proves to be impossible or involves a disproportionate amount of effort.

You shall have the right to be informed of such recipients by the Controller.

6. Right to Data Portability

You shall be entitled to receive your personal data that you have provided to the Controller in a structured, common and machine-readable format. You shall, furthermore, have the right to communicate this data to another Controller without being impeded by the Controller to whom the personal data was provided, under the proviso that

  1. the processing is based on a consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR and
  2. the processing is automated.

In exercising this right, you shall also have the right to request that your personal data be transmitted directly by one Controller to another insofar as this is technically feasible. This shall not be to the detriment of the freedoms and rights of other persons.

The right to data portability shall not apply to the processing of personal data necessary for the performance of a task that is in the public interest or in the exercise of the official authority vested in the data Controller.

7. Right of Objection

You shall have the right, for reasons arising from your particular situation, to object to the processing of your personal data at any time on the basis of Art. 6 Para. 1 S. 1 lit. e or f GDPR; this shall also apply to profiling based on these provisions.

The Controller shall no longer process your personal data unless compelling legitimate grounds for processing can be proven which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If your personal data is processed for the purpose of direct marketing, you shall be entitled to object at any time to the processing of your personal data for the purpose of such advertising; this shall also apply to profiling insofar as it is connected to such direct marketing.

If you object to processing for direct marketing purposes, your personal data shall no longer be processed for such purposes.

You shall have the possibility to exercise your right of objection by means of automated procedures that apply technical specifications in connection with the use of information society services notwithstanding Directive 2002/58/EC.

8. Right to Revoke the Declaration of Consent under the Data Protection Law

You shall have the right to revoke your declaration of consent under the data protection law at any time. The revocation of your consent shall not affect the legality of the processing carried with your consent up to your revocation.

9. Automated Decision in Individual Cases including Profiling

You shall have the right not to be subjected to any decision based solely on automated processing, including profiling, that gives rise to a legal impact or a similar significant negative impact on you. This shall not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and the Controller,
  2. is authorised by legislation of the Union or of the Member States applicable to the Controller and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests; or
  3. is made with your express consent.

However, these decisions shall not be based on special categories of personal data under Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the Controller shall take appropriate measures to protect the rights and freedoms and your legitimate interests, including, at least, the right to obtain the intervention of a person on the part of the Controller to state its own position and to challenge the decision.

10. Right to Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you shall be entitled to file a complaint with a supervisory authority, in particular, in the Member State of your residence, place of work or the place of alleged breach if you believe that the processing of your personal data is in breach of the GDPR.

The supervisory authority with which the complaint was lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

Provision of the Website and Creation of Log Files

1. Description and Scope of Data Processing

Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

  • Information about the browser type and the version used
  • The user's operating system
  • The user’s IP address
  • Date and time of access
  • Websites from which the user's system accesses our website
  • Websites accessed by the user's system via our website

The data is also stored in the log files of our system, however, this data is not stored together with other personal data pertaining to the user.

2. Legal Basis for the Processing of Data

The legal basis for the temporary storage of data and log files is defined in Art. 6 para. 1 sentence 1 lit. f GDPR.

3. Purpose of the Processing of Data

The temporary storage of the IP address by the system is necessary to enable the delivery of the website to the user's computer. For this purpose, the user’s IP address is retained for the duration of the session.

The data is stored in log files to ensure the functionality of the website. The data is also used to optimize the website and to ensure the security of our information technology systems. The data shall not be evaluated for marketing purposes in this context.

These purposes also represent our legitimate interest in the processing of the data pursuant to Art. 6 Para. 1 S. 1 lit. f GDPR.

4. Duration of Retention

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. When data is collected for the purpose of providing the website this purpose is achieved once the session in question is closed.

When data is stored in log files, this is the case after seven days at the latest. Retention beyond this date is possible. In this case the user’s IP addresses are deleted or alienated so that it can no longer be assigned to the accessing client.

5. Objection and Removal Possibility

The collection of data for the provision of the website and the storage of data in log files is imperative for the operation of the website. The user, therefore, does not have the possibility to object.

Use of Cookies

  1. Description and Scope of Data Processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the unmistakable identification of the browser when the website is accessed again.

Technical measures assign a pseudonym to the user data that is collected in this way so that it is no longer possible to assign the data to the accessing user. The data is not stored together with other personal data of the user.

When accessing our website an information banner informs users that cookies are used for analysis purposes and refers to this data protection declaration. There is also an indication as to how the storage of cookies in the browser settings can be prevented.

When accessing our website the user is informed of the use of cookies for analysis purposes and his consent to the processing of the personal data for this purpose is obtained. Reference is also made to this data protection declaration.

  1. Legal Basis for the Processing of Data

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 S. 1 lit. f GDPR.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 Para. 1 S. 1 lit. a GDPR if the user has given consent in this respect.

3. Purpose of Data Processing

The purpose of using technically necessary cookies is to simplify the use of websites for the users. Some functions of our website cannot be offered without the use of cookies. These functions require the browser to be recognized also after a page change.

We need cookies for the following applications:

The user data collected by technically necessary cookies is not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our website and its contents. The analysis cookies tell us how the website is used and enable us to continually optimize our services.

These purposes also represent our legitimate interest in the processing of personal data in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR.

4. Duration of Storage, Objection and Removal Options

Cookies are stored on the user's computer and transmitted to our site by the user. You as a user, therefore, have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website it is possible that not all functions of the website can be used to their full extent.

The transmission of Flash cookies cannot be prevented in the browser settings but can be prevented by changing the settings of the Flash Player.

Newsletter

1. Description and Scope of Data Processing

You can subscribe to a free newsletter on our website. When you register for the newsletter, the data from the input mask will be transmitted to us.

Your consent will be obtained for the processing of the data during the registration process and reference will be made to this data protection declaration.

If you purchase goods or services on our website and deposit your email address we may subsequently use it to send you a newsletter. In this case, the newsletter will only send direct advertising for our own similar goods or services.

No data will be passed on to third parties in connection with data processing for the mailing of newsletters. The data will be used exclusively for the mailing of the newsletter.

2. Legal Basis for the Data Processing

The legal basis for the processing of data by the user after registration for the newsletter is Art. 6 Para. 1 S. 1 lit. a GDPR if the user has given his consent.

The legal basis for the mailing of the newsletter following the sale of goods or services is Sec. 7 para. 3 UWG (Unfair Competition Act).

3. Purpose of the Data Processing

The collection of the user's email address serves to deliver the newsletter.

The collection of other personal data as part of the registration process serves to prevent the misuse of the services or the email address used.

4. Duration of Storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. The user's email address shall, therefore, be retained as long as the newsletter subscription is active.

The other personal data collected during the registration process is usually deleted after a period of seven days.

5. Objection and Removal Options

The subscription of the newsletter can be cancelled by the respective user at any time. A corresponding link is included in every newsletter.

This also revokes the consent to the retention of personal data collected during the registration process.

Registration

1. Description and Scope of the Data Processing

On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and stored. The data will not be passed on to third parties. The following data is collected as part of the registration process:

As part of the registration process the user's consent to the processing of this data is obtained.

2. Legal Basis for the Data Processing

The legal basis for the processing of the data is Art. 6 para. 1 sentence 1 lit. a GDPR if the user has given his consent.

If the purpose of registration is to fulfil a contract to which the user is a party or to carry out pre-contractual measures, the additional legal basis for processing the data is Art. 6 para. 1 sentence 1 lit. b GDPR.

3. Purpose the Data Processing

A registration of the user is necessary for the fulfilment of a contract with the user or for the implementation of pre-contractual measures.

4. Duration of Storage

The data will be deleted as soon as it is no longer needed to achieve the purpose for which it was collected.

This applies to data collected during the registration process for the fulfilment of a contract or the implementation of pre-contractual measures if the data is no longer needed for the implementation of the contract. Even after the conclusion of the contract, it may be necessary to store the contractual partner’s personal data in order to comply with contractual or legal obligations.

5. Objection and Removal Options

As a user you always have the option to cancel the registration. You can change the retained data relating to you at any time.

If the data is required for the fulfillment of a contract or for the execution of pre-contractual measures, an early deletion of the data shall only be possible insofar as contractual or legal obligations do not prohibit a deletion.

Email Contact

1. Description and Scope of Data Processing

You can contact us via the email address provided on our website in which case the personal data of the user transmitted with the email will be stored.

2. Legal Basis for Data Processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for the data processing is Art. 6 para. 1 lit. b GDPR.

3. Purpose of the Data Processing

If you contact us by email this constitutes the necessary legitimate interest in the processing of the data.

4. Duration of Storage

The data will be deleted as soon as it is no longer needed to achieve the purpose for which it was collected. This applies to personal data sent by email when the respective conversation with the user has ended. The conversation is terminated when circumstances indicate that the relevant facts have been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Objection and Removal Options

The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, the user can object to the storage of personal data at any time in which case the conversation cannot be continued.

All personal data stored while contacting us will be deleted in this case.

Contact Form and Email Contact

1. Description and Scope of Data Processing

A contact form is available on our website which can be used for making electronic contact. If a user makes use of this possibility the data entered in the input mask will be transmitted to us and stored.

The following data will also be stored at the time the message is sent:

  • email address
  • name
  • first name

It is also possible to contact us via the email address provided in which case the personal data of the user transmitted with the email will be stored.

The data you enter in the contact form will be passed on to DRESTATE Services GmbH, which will process your data to answer your enquiry. The legal basis for the processing is Art. 6 Para. 1 S. 1 lit. b GDPR.

2. Legal Basis for Data Processing

The legal basis for the processing of data relating to your requests is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest lies in our economic interest to liaise with potential new Customers and to proper answer requests If the purpose of the email contact is to conclude a contract the additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b GDPR.

The legal basis for the processing of data transmitted by e-mail is Art. 6 para. 1 sentence 1 lit. f GDPR. If the purpose of the email contact is to conclude a contract the additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b GDPR.

3. Purpose of the Data Processing

We process the personal data from the input mask solely for establishing the contact. If you contact us by email this also represents the required legitimate interest in the processing of the data.

The other personal data processed during the sending process serves to prevent the misuse of the contact form and to ensure that our information technology systems are secure.

4. Duration of Storage

The data will be deleted as soon as it is no longer needed to achieve the purpose for which it was collected. This applies to personal data obtained from the input mask of the contact form and data sent by email once the respective conversation with the user has ended. The conversation is terminated when circumstances indicate that the relevant facts have been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Objection and Removal Options

The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email the user can object to the retention of personal data at any time in which case the conversation cannot be continued.

All personal data retained in the course of contacting us will then be deleted.

This data protection declaration was drafted with the assistance of DataGuard.