Data privacy policy
I. Name and address of the data controller and supervisory authority
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Real Estate Struccess GmbH
Mönckebergstraße 18 – Domhof
20095 Hamburg
Fon: +49-40-41 00 97 98-0
Fax: +49-40-41 00 97 98-9
Email: info@struccess.de
The supervisory authority responsible for the controller is:
Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit
Klosterwall 6 (Block C)
20095 Hamburg
Telefon: +49-40-428 54 40 40
Telefax: +49-40-428 54 40 00
E-Mail: mailbox@datenschutz.hamburg.de
II. Name and address of the data protection officer
The controller’s data protection officer is:
Klaus-Dieter Franzen
Altenwall 6
28105 Bremen
E-Mail: info@hb-datenschutz.de
III. Definition of terms
Our aim is to provide a privacy policy that is easy to read and understandable to users of our website. For this purpose, the following explains the meaning of the terms used in our privacy policy.
The following terms, among others, are used in this privacy policy and on our website:
1. Personal Data
Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
3. Processing
VProcessing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
4. Profiling
PProfiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
5. Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
6. Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
7. Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
8. Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
IV. General information on data processing
1. Scope of processing of personal data
We collect and use personal data of our users only to the extent that it is necessary to provide a functioning website as well as to provide our contents and services. The collection and use of our users’ personal data only takes place regularly with the user’s consent. An exception applies in cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject in question for processing of personal data, Art. 6 para. 1 lit. a, EU-General Data Protection Regulation (GDPR) serves as the legal basis.
Art. 6 para. 1 lit. b GDPR serves as the legal basis for the processing of personal data required for the fulfilment of a contract to which the data subject is party. This also applies to processing operations that are necessary for carrying out pre-contractual measures.
In the event that our company is subject to a legal obligation by which processing of personal data is required, the processing is based on Art. 6 para. 1 lit. c GDPR.
In cases where the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person, the processing is be based on Art. 6 para. 1 lit. d GDPR.
If processing is necessary to safeguard the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
Pursuant to Article 21 GDPR, the data subject (“data subject”) has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Article 6 para. 1 lit. f GDPR (data processing on the basis of a balancing of interests). If the data subject objects, the controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. The objection can be made in any form and can be addressed to the contact details listed under Section I.
3. Data erasure and storage duration
The data subject’s personal data is erased or blocked as soon as the purpose for which it was stored ceases to apply. Personal data may also be stored if this has been provided for by European or national legislators in EU regulations, laws or other provisions to which the data controller is subject. The data will also be blocked or erased when a storage period prescribed by the aforementioned legislation expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
V. Provision of the website and generation of log files
1. Description and scope of data processing
Every time our website is accessed, our system automatically collects data and information from the accessing computer system.
The following data is collected:
(1) Information about the browser type and version used;
(2) The user’s operating system;
(3) The user’s internet service provider;
(4) The user’s IP address;
(5) Date and time of access;
(6) Websites from which the user’s system accesses our website;
(7) Websites that are accessed by the user’s system via our website
.
The data is stored in the log files of our system. This does not affect the user’s IP addresses or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
Temporary storage of the IP address by our system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
4. Duration of storage
The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
5. Option of objection and of removal
The collection of data for the provision of the website and the storage of data in log files is absolutely indispensable for the operation of the website. Therefore, there is no option to object.
VI. Use of cookies
1. Description and scope of data processing
Only technically necessary cookies are used by our website. Cookies are text files which are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. We use technically necessary cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary for the browser to be recognised even after a page change.
4. Duration of storage, objection and removal options
Cookies are stored on the user’s computer and transmitted by it to our website. As a user, you 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 stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of our website to their full extent.
The respective browser information can be found under the following links:
Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-loeschen-daten-von-websites-entfernen
https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Safari: https://support.apple.com/kb/ph21411?locale=de_DE
Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Opera: http://help.opera.com/Windows/10.20/de/cookies.html
VII. Contact form and e-mail contact
1. Description and scope of data processing
You can contact us via the e-mail address provided. If we are contacted by email, the user’s personal data transmitted with the e-mail will be stored.
No data is passed on to third parties in this context. The data is used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. f GDPR. If contact is made for the purpose of concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
3. Purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. If you contact us by email, this also constitutes our necessary legitimate interest in the processing of the data.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data entered on the input screen of the contact form and the personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is deemed to have ended when the circumstances suggest that the issue has been conclusively resolved.
VIII. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request the following information from the controller:
(1) the purpose of the processing of your personal data;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the envisaged period for which the personal data concerning you will be stored, or, if not possible, the criteria used to determine that period
(5) the existence of the right to request from the controller rectification or erasure of personal data concerning you or the right to restriction of processing of personal data concerning you by the controller or the right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) where the personal data are not collected from you as the data subject, any available information as to their source;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
You also have the right to be informed as to whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you have the right to be informed of the appropriate safeguards pursuant to Article 46 of the General Data Protection Regulation relating to the transfer.
2. Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the correction without undue delay.
3. Right to restriction of processing
Under the following conditions, you can obtain a restriction of processing of personal data concerning you:
(1) if the accuracy of the personal data concerning you is contested by you, for a period enabling the controller to verify the accuracy of your personal data;
(2) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of your personal data instead;
(3) if the controller no longer needs the personal data for the purposes of the processing, but this data is required by you for the establishment, exercise or defence of legal claims, or
(4) if you objected to processing pursuant to Art. 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override your reasons.
Where processing of your personal data has been restricted, such personal data shall – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If you have obtained restriction of processing pursuant to the preconditions above, you will be informed by the controller before the restriction of processing is lifted.
4. Right to erasure
a) a) Erasure obligation
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller has the obligation to erase this data without undue delay where one of the following grounds applies:
(1) the personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) you revoke your consent on which the processing was based pursuant to Art. 6 para. 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 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) the personal data concerning you has been unlawfully processed.
(5) the personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
(6) the personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged pursuant to Article 17 para. 1 of the GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the person affected have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure does not exist to the extent that processing is necessary:
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.
5. Right to notification
If you have claimed the right to rectification or erasure or restriction of processing vis-à-vis the controller, the controller has the obligation to communicate any rectification or erasure of data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the controller about those recipients.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data have been provided, where:
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6 para. 1 of the GDPR; this also applies to profiling based on those provisions.
The controller will no longer process the personal data concerning you unless the controller can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing purposes, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8. Right to withdrawal of consent under data protection law
You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
(1) is necessary for entering into, or performance of, a contract between you and the controller
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is based on your express consent.
However, these decisions may not be based on special categories of personal data referred to in Art. 9 para. 1 of the GDPR, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to safeguard your rights and freedoms as well as your legitimate interests.
In the cases referred to in items (1) and (3), the controller will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 of the GDPR.