Data privacy statement of www.struccess.de
I. Definition of terms
We want our data privacy notice to be easy to read and understand. For this reason, we first want to provide you with a definition of the terminology used in this statement. We use the following terms, among others, in this data privacy statement:
1. Personal data
Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable person is a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more specific characteristics that are an expressions of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
2. Data subject
The data subject is any identified or identifiable natural person whose personal data is processed by the person responsible for the processing of data.
3.Processing
Processing is any procedure or series of procedures involving personal data, carried out with or without the help of automated methods, such as the collection, capture, organisation, arrangement, storage, adaptation or alteration, selection, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linkage, restriction, deletion or destruction.
4. Profiling
Profiling is any kind of automated processing of personal data, which consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects of such natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behaviour, place of residence or relocation.
5. Controller or person responsible for the processing of data
Controller or person responsible for the processing of data shall mean the natural or legal person, public authority, agency or any 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 the processing are determined by EU law or by the law of the member states, the controller or the specific criteria for his nomination may be prescribed by EU law or by the law of the member states.
6. Processor
Processor shall mean any natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller.
7. Recipient
Recipient shall mean any natural or legal person, public authority, agency or any other body to which personal data is disclosed, regardless of whether or not it is a third party. However, authorities that may receive personal data in the context of a specific investigation mandate according to EU law or the law of a member state law shall not be considered to be recipients.
8. Consent
Consent is any declaration or other unambiguous and informed expression of intent given voluntarily by the data subject in the form of a declaration or any other clear, unequivocal action by the data subject that he or she agrees to the processing of personal data concerning him or her.
II. Name and address of the controller and the supervisory authority
The data controller as defined by the EU General Data Protection Regulation and other national laws on data protection of member states of the European Union as well as other data protection regulations is:
REAL ESTATE STRUCCESS GmbH
20095 Hamburg
Phone +49-40-41 00 97 98-0
Fax +49-40-41 00 97 98-9
info@struccess.de
www.struccess.de
The data protection supervisory authority responsible for the controller is
The Federal Commissioner for Data Protection and Freedom of Information of the Free Hanseatic City of Hamburg
Prof. Dr. Johannes Caspar
Klosterwall 6 (Block C)
20095 Hamburg
Phone: +49-40-428 54 40 40
Fax: +49-40-428 54 40 00
E-Mail: mailbox@datenschutz.hamburg.de
III. General information on data processing
1. Scope of personal data processing
We generally collect and use personal data of users only insofar as this is necessary for a functioning website and to allow users access to our content and services. The collection and use of personal data of our website users is being done regularly only after consent is given by the respective user. An exception applies in such cases where prior consent cannot be obtained for practical reasons and the processing of the data is permitted by law.
2. Legal basis for processing personal data
Whenever we obtain the consent of the data subject for the processing of personal data, Art. 6 paragraph lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
If the processing of personal data is required for the performance of a contract to which the data subject is a party, Art. 6 paragraph 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Where the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 paragraph 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 paragraph lit d. GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interests of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interests, Article 6 paragraph 1. lit. f GDPR serves as the legal basis for processing.
3. Deletion of data and storage period
Any personal data of the data subject will be erased or blocked as soon as the purpose of processing no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
IV. Provision of the website and creating log files
1. Description and scope of data processing
Every time you visit our website, our web server automatically collects data and information transmitted by the inquiring computer system.
The following data is collected:
1. information about the browser type and the version used;
2. the user’s operating system;
3. the Internet-Service-Provider of the user;
4. the IP address of the user;
5. date and time of server request;
6. the internet address of websites from which the user’s system links to our sites;
7. the internet address of websites that are accessed by the user’s system via our websites.
The data is stored in the log files of our system. This does not include the IP addresses of the users or other data that enables the association of the data with a user. This data is not stored together with any other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data is Art. 6 paragraph 1 lit. f GDPR.
3. Purpose of data processing
The temporary storage of the IP-address by the system is necessary to enable the website to be delivered to the user’s computer. For this, the IP-address of the user must remain stored for the duration of the session. These purposes constitute our legitimate interest in the processing of data in accordance with Art. 6 paragraph 1 lit. f GDPR.
4. Period for which data is stored
The data will be erased as soon as it is no longer necessary to achieve 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. Objection and removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no possibility of objection.
V. Use of cookies
1. Description and scope of data processing
Our webpages use cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user‘s computer. If the user enters a website, a cookie can be stored on the user’s operating system. This cookie contains a sequence of characters which enable a clear identification of the browser during subsequent visits of the website. We use cookies to make our website more user-friendly. Certain elements of our website require for the requesting browser to be identifiable even after a page change.
2. Legal basis for data processing
The legal basis for the processing of personal data by using cookies is Art. 6 paragrapah 1 lit. f GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to make websites more user-friendly. Some functions of our website cannot be offered without the use of cookies. For these functions it is necessary that the browser is recognised even after a page change.
4. Period for which data is stored, objection and remove option
Cookies are stored on the user’s computer and are transmitted from the user’s computer to our site. Therefore, as a user, you 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 disabled for our website, it may not be possible to use all functions of the website in full.
VI.Contact form and contact by email
1. Description and scope of data processing
Our website offers a contact form which can be used for contacting us electronically. If a user utilises this tool, data that is entered into the input mask (possibly including company, name, email address and message) is transmitted to us and stored. Alternatively, you can contact us using the specified email address. In this case, the personal data transmitted by the user will be stored automatically.
This personal data is not passed on to third parties. The data is used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of personal data is Art. 6 paragrapah 1 lit. b GDPR.
3. Purpose of data processing
Personal data from the input mask is processed by us for the sole purpose of facilitating communication.
4. Period for which data is stored
Data which is no longer necessary for the purpose of achieving the aim in question will be deleted. Concerning personal data from the contact form’s input mask and data that is sent by email, this is the case if the respective communication with the user is completed. The conversation is deemed completed if based on the circumstances it can be concluded that the relevant facts have been clarified conclusively.
VII. Rights of data subjects
If your personal data is being processed, you are a data subject in the meaning of the GDPR and you are entitled to enforce the following rights against the controller:
1. Right to information
You have the right to obtain confirmation from the controller as to whether personal data concerning you is being processed by us.
Where that is the case, you have the right to obtain the following information from the controller:
1. the purposes for which your personal data is used;
2. the categories of the personal data that is processed;
3. the recipients or the categories of recipients to whom your personal data have been or will be disclosed;
4. the envisaged period of time for which your personal data will be stored, or, in case it is not possible to obtain specific details, the criteria used to determine the storage period;
5. the existence of the right to request from the controller rectification or erasure of your personal data or restriction of processing of your personal data or to object to such processing;
6. the existence of a right to lodge a complaint with a supervisory authority;
7. where the personal data is not collected from the data subject, any available information as to their source;
8. the existence of automated decision-making, including profiling, referred to in Article 22 paragraph 1 and 4 GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to demand information on whether your personal data is 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 Art. 46 GDPR relating to the transfer.
2. Right to rectification
If your personal data being processed is incorrect or incomplete, you have the right to demand from the controller correction and/or completion. The controller has to make the correction without undue delay.
3. Right to restriction of processing
You have the right to obtain restriction of processing of your personal data where one of the following applies:
1. if the accuracy of the personal data relating to you is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
2. if the processing is unlawful and you oppose the erasure of the personal data and requests the restriction of their use instead;
3. if the controller no longer needs the personal data for the purposes of the processing, but the data is required by you for the establishment, exercise or defence of legal claims, or
4. if you have objected to processing pursuant to Art. 21 paragraph GDPR pending the verification whether the legitimate grounds of the controller override those of yourself.
Where processing of the personal data relating to you 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 restriction of processing has been obtained pursuant to the above named conditions, you will be informed by the controller before the restriction of processing is lifted.
4. Right to erasure
a) Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and the controller shall have the obligation to erase personal data without undue delay, where one of the following grounds applies:
1. the personal data relating to you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
2. you withdraw your consent on which the processing is based according to Art. 6 paragraph 1 lit. a or Art. 9 paragraph 2 lit. a GDPR, and there is no other legal ground for the processing.
3. you object to the processing pursuant to Article 21 paragraph 1 GDPR and there are no overriding legitimate grounds for the processing, or your object to the processing pursuant to Art. 21 paragraph 2 GDPR.
4. the personal data relating to you has been unlawfully processed.
5. the personal data relating to you has 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 relating to you has been collected in relation to the offer of information society services referred to in Art. 8 paragraph 1 GDPR.
b) Information to third parties
Where the controller has made the personal data relating to you public and is obliged pursuant to Art. 17 paragraph 1 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 data subject have requested the erasure by such controllers of any links to, or copy or replication of, this personal data.
c) Exceptions
The right to erasure shall not apply, insofar as 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 paragraph 2 lit. h and i in conjunction with Art. 9 paragraph 3 GDPR;
4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 paragraph 1 GDPR in so far as the right referred to in 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 exercised your right to have the controller correct, erase or restrict the processing of your data, the controller shall be obligated to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to demand that the controller inform you about those recipients.
6. Right to data portability
You have the right to to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. Furthermore, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, if:
1. the processing is based on consent pursuant to. Art. paragraph 1 lit. a GDPR or Art. 9 paragraph 2 lit. a GDPR or on a contract pursuant to Art. 6 paragraph 1 lit. b GDPR and
2. the processing is carried out by automated means.
Furthermore, in exercising this right you shall have the right to have the personal data relating to you transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.
The right to data portability shall not apply to processing of personal data where this is 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 at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Art. 6 paragraph 1 lit. e or f GDPR; this shall also apply to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or where the processing serves the purpose of establishing, exercising or defending legal claims.
Where personal data relating to you is processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing; this shall include profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services – notwithstanding Directive 2002/58/EC – you may exercise your right to object by automated means using technical specifications.
8. Right to revoke the data protection consent declaration
You have the right to withdraw your data protection declaration of consent at any time. The withdrawal of consent shall 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 shall not apply if the decision
1. is necessary for entering into, or the performance of, a contract between you and the data 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 explicit consent.
However, these decisions shall not be based on special categories of personal data referred to in Art. 9 paragraph 1 GDPR, unless Art. 9 paragraph 2 lit. a or g applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in (1.) and (3.), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, which shall include at least the right to obtain human intervention on the part of the controller, to express his or her 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 shall 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 shall inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.