1. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation and the corresponding national data protection laws and also any other data protection provisions is:
G&E Property Invest GmbH,
(commercial register number HRB 194045 B; local court Charlottenburg, Berlin) represented
by its directors, entitled to represent the company alone, Mr. Richard Gießel and Mr. Santo Esposito
2. Name and address of the data protection officer
The controller’s data protection officer is
3. Rights of the website user (data subject) in regard to data protection/legal basis
As a person affected by the data processing, namely a data subject, you have the following rights:
– the right to information pursuant to Article 15 GDPR,
– the right to rectification pursuant to Article 16 GDPR,
– the right to erasure pursuant to Article 17 GDPR,
– the right to restriction of processing pursuant to Article 18 GDPR,
– the right to object pursuant to Article 21 GDPR
– the right to data portability pursuant to Article 20 GDPR.
In relation to the right to information and the right to erasure, the restrictions under Sections 34 and 35 BDSG (neu) [Bundesdatenschutzgesetz (neu) – Federal Data Protection Act – new] apply. In addition, a right exists to lodge a complaint with a supervisory authority (Article 77 GDPR in combination with Section 19 BDSG (neu)).
You may at any time withdraw the consent you have issued to the processing of your personal data. This also applies for the withdrawal of any declarations of consent issued to us before the GDPR came into effect, that is to say before 25 May 2018. Please note that the withdrawal only has effect for the future. Any processing carried out prior to the withdrawal of consent is not affected thereby.
4. Information about the right to object pursuant to Article 21 GDPR
You have the right at any time, on grounds relating to your particular situation, to object to the processing of personal data concerning you which is based on Article of 6 (1) (e) GDPR (data processing in the public interest) or Article 6 (1) (f) GDPR (data processing on the basis of a weighing-up of interests); this also applies for any profiling based on this provision within the meaning of Article 4 (4) GDPR. If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or where the processing serves the assertion, exercise or defence of legal claims. In individual cases, we process your personal data for direct marketing purposes. You have the right at any time to object to the processing of personal data concerning you for the purpose of any such marketing; this also applies for profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, we will no longer process your personal data for such purposes.
Notice of objection may be given without the need to observe any particular form, in particular by e-mail, to firstname.lastname@example.org , or in writing to the following address:
G&E Property Invest GmbH
f. a. o. Bernhard Gießel
Krausenstraße 37, 10117 Berlin
5. Collection of personal data where the website is used for informational purposes
Where our website is used for purely informational purposes (no registration or other transmission of data to us), we only collect the personal data which your browser transmits to our server.
The following data must be collected in order to display our website for you and to ensure stability and security (the legal basis is Art. 6 (1), sentence 1, (f) GDPR):
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Content of the request (specific page)
– Access status/HTTP status code
– Respective volume of data transmitted
– Website from which the request was sent
– Operating system and its interface
– Language and version of the browser software.
6. Use of the contact form by the website visitor
Apart from the purely informational use of our website, you can also communicate with us using the contact form. For this purpose, you must, as a rule, supply further personal data which we use to provide the respective service and for which the above-mentioned principles governing data processing apply.
We process personal data which we receive within the scope of the initial business contact phase and/or within the scope of our business relationship from interested parties and/or our clients or their agents/authorised representatives or staff. Further, we process personal data when you visit our websites (including social media such as Facebook, Instagram etc.).
This means that we collect your personal data in particular when you contact us, show interest in our products, register on our websites, communicate with us by e-mail, telephone or via a contact form or use our products and services within the scope of existing business relationships.
In addition – in so far as necessary for the provision of our services – we process personal data which we have lawfully received from other companies or other third parties (e.g. for the purpose of the execution of assignments, for the performance of contracts or by virtue of any consent issued by you).
Apart from this, when this is necessary for our service, we sometimes process personal data which we have lawfully gained from publicly accessible sources (e.g. debtor registers, commercial registers and registers of associations, press, media, Internet) and which we are permitted to process.
Relevant personal data may include:
– Personal details (e.g. first name and surname, title, position/function, date of birth, private and business address, telephone numbers, e-mail addresses and fax number)
– Data pertaining to the assignment and contract (e.g. details of the product or contract you are interested in, details of real estate objects sought or offered and documents pertaining to the objects, property details, data deriving from the performance of our contractual obligations, copies of correspondence/contents of communications)
– Data pertaining to your financial situation (e.g. credit-worthiness information, payment behaviour, entries at credit agencies, payment defaults, details as to income)
– Details of your interests and wishes which you have notified to us (e.g. information about participation in direct marketing measures and also, where applicable, further data comparable with these categories)
7. Reservation of purchase objects via the website
In addition to the purely informative use of our website and the use of the contact form, you may also submit reservation requests for individual objects direct via the website. For this purpose, you must supply further personal data which we will use to provide the respective service and for which the above-mentioned principles governing data processing apply.
In this connection, we distinguish between binding and non-binding reservation requests.
a. Binding reservation request
Within the scope of a binding reservation request, we collect the following personal data:
o First name and surname
o Date and place of birth
o Current residential address
o Telephone number and e-mail address
o and also, where applicable, personal bank account or PayPal details
We receive the above-mentioned data from you in answer to our questions. It is only used internally in order to reply to your enquiry (pursuant to Article 6 (1) (b) GDPR) and will not initially be passed on to third parties.
Where we confirm a reservation, your data will only be used within the scope of performance of our contractual duties (pursuant to Article 6 (1) (b) GDPR) and only forwarded within this scope to authorised third parties. Authorised third parties include, in particular, the seller, the notary and, where applicable, public authorities or bodies (such as e.g. the tax authorities, supervisory authorities etc.). Any bank details obtained will not be passed on to third parties unless a statutory obligation exists to pass on such details (e.g. in connection with money laundering directives or tax stipulations).
Should your reservation request be refused by us (regardless on which grounds), the above-mentioned data will be erased immediately following the refusal of the reservation request (no later, however, than after 72 hours) unless you have expressly consented to the storage and use of the data for one or more specific reasons.
b. Non-binding reservation request
Within the scope of a non-binding reservation request, we collect the following personal data:
o First name and surname
o E-mail address
We receive the above-mentioned data from you in answer to our questions. The data is initially only used internally in order to reply to your enquiry (pursuant to Article 6 (1) (b) GDPR) and will not be passed on to third parties. Any enquiry as to the availability of purchase objects addressed to the potential seller, further estate agents or other third parties will initially be made in anonymised form.
If the potential purchase object is available, we will collect further personal data from you (see para. (a) and obtain your consent to the forwarding of this data (where appropriate through the conclusion of a brokerage contract) to third parties (in particular the seller, notary etc.). However, such data will only be passed on for the purpose of performance of our contractual duties (pursuant to Article 6 (1) (b) GDPR).
Should the potential purchase object no longer be available (regardless for which reason), we will erase your personal data immediately following notification of the non-availability (at the latest, however, after 72 hours) unless you have expressly consented to the storage and use of your data for one or more specific reasons.
8. Use of the login area
Within the scope of the management service and the furnishing service, you have the possibility of entering a login area. For this purpose, you must register with us and provide the following personal data:
– First name and surname
– E-mail address
We receive the above-mentioned data from you in answer to our questions. It is only used in-house for the purpose of maintaining our service or for the establishment of an initial business contact (pursuant to Article 6 (1) (b) GDPR) and will not be passed on to third parties.
Should you withdraw your registration or have the same erased, your personal data will immediately be erased unless you have consented to its further use and storage for one or more specific reasons.
9. Purpose of the data processing
We process the above-mentioned personal data in compliance with the provisions of the General Data Protection Regulation (GDPR) and the Bundesdatenschutzgesetz (BDSG neu) [Federal Data Protection Act – new)]:
– for the purpose of performance of our contractual duties (Article 6 (1) (b) GDPR)
The processing of personal data is carried out for the purpose of providing our services within the scope of the performance of our contracts with you or in order to take steps at your request prior to entering into a contract.
The purposes of the data processing generally depend upon your interest in the specific product /service and may, inter alia, comprise advice in regard to real estate objects, the identification and negotiation of real estate objects or the search for or offer of real estate objects. In addition, the purposes of the data processing may also serve to analyse your requirements and to investigate whether a product or service is suitable for your needs.
Further purposes include the following:
• Performance of contracts concluded with you
• Replying to and dealing with your enquiries
• Care of customers and interested parties
• Billing, accounting and debt collection
• Documentation and management of customer relationships
• Customer service
• Complaint management
• Ending of contractual relationships with you
• Offer of products and services
– within the scope of a weighing-up of interests (Article 6 (1) (f) GDPR)
Where necessary, we process your data beyond the actual performance of the contract in order to protect our legitimate interests or those of third parties.
This may include the following measures (not an exhaustive list):
– Measures to enhance customer loyalty, except in so far as objection has been made to the use of the data (e.g. invitations to events, information about current happenings)
– Processing of data for purposes of analysis/marketing (Our aim is to provide you with product and service information tailored to your individual needs. For this purpose, we use information derived from our business relationship and also from market research and opinion polls. You may at any time object to this analysis and use of personal data.
– Contact where a third party expresses interest in purchasing a property owned by you or by a third party represented by you (apartment, house, plot of land etc.)
– Measures for your security or for the security of our company in order to recognise and prevent fraudulent activities or any misuse or possible criminal offences, and also to comply with the statutory requirements of a secure website.
– Exchange of data with credit agencies (e.g. Schufa, Creditreform) for the purpose of determining credit-worthiness and default risks.
– pursuant to your consent (Article 6 (1) (a) GDPR)
Where you have issued us with your consent to the processing of personal data for specific purposes, this represents the legal basis for the data processing.
Any consent issued by you (also prior to 25 May 2018) may be withdrawn at any time without the need to observe any particular form.
– By virtue of statutory stipulations (Article 6 (1) (c) GDPR)
These statutory obligations may, in particular, arise under the Geldwäschegesetz [Money Laundering Act] and tax laws. We are obliged by law to comply with corresponding procedures.
10. Recipients/users of your data
Within our company, only those persons receive access to your data who need the same for the performance of our contractual and statutory duties, for the performance of your assignments, in order to reply to your enquiries and/or to protect our legitimate interests (accounting, employees entrusted with the marketing of your object, freelance collaborators in connection with the furnishings of your apartments etc.).
Outside our company, your data will only be passed on when statutory provisions make this necessary, where your consent has been given or this is necessary for the performance of our contractual duties or of your assignments. The third party recipient must give us an assurance and provide evidence that it complies with the stipulations of the GDPR and the Bundesdatenschutzgesetz [Federal Data Protection Act] and that likewise in this respect no unimpeded data processing or forwarding of the data will take place.
Third party recipients include in particular public authorities (such as courts, the tax office, land registry etc.), public supervisory authorities, potential sellers or purchasers of the relevant properties etc.)
In this connection, you have an extensive right to information. You have the right to demand information as to who has received which data from us and for which purpose. The request may be addressed to us (in particular to the data protection officer) without the need to observe any particular form.
11. Data transfer to a third country
The servers used by our company are located within Europe.
Data is only transferred to countries outside the EU or EEA where this is necessary for the execution of your assignments, is prescribed by law, where you have issued us with your consent or within the scope of commissioned data processing. If service providers or other third parties in a third country (a country outside the European Economic Area) are used, these will, in addition to written instructions, be placed under an obligation to comply with the level of data protection required in the European Economic Area through the agreement of the EU standard contractual clauses, except in so far as any other legal basis exists for the transfer of personal data.
In no case will we sell your personal data to a third party or trade your personal data in any other manner.
12. Period for which personal data will be stored
Your personal data will be erased or blocked as soon as the purpose of the storage ceases to exist. This is, as a basic principle, the case where the contractual relationship or our service or the initiation of a contract has ended and also where you expressly demand the erasure.
Data may furthermore be stored where this is provided for by the European or national legislator in regulations issued pursuant to Union law, or in laws or other provisions by which the controller is bound. The data may also be blocked or erased when any storage period prescribed by the said legal norms expires, unless there is a need for continued storage of the data for the purpose of the conclusion or performance of a contract (e.g. preservation of evidence; retention periods under tax provisions etc.).
Any further-reaching storage of the data requires your express consent.
You will receive a newsletter from us only following your express consent. The relevant goods and services offered are precisely specified in the consent.
In order to subscribe to our newsletter, you will, as a rule, receive an e-mail from us together with the respective declaration of consent. Only after you have given your consent to the sending of the newsletter will you receive the same.
The only mandatory information required in order to send you the newsletter are your e-mail-address and your name.
The legal basis for the storage of the data is Art. 6 (1), sentence 1, (a) GDPR.
Your consent may be withdrawn at any time without the need to observe any particular form.
14. Unsolicited applications/Applications in response to a job advertisement – notes on data protection
Within the scope of handling the applications it receives, G&E Property Invest GmbH processes the following personal data:
– first name, surname,
– e-mail address, telephone number,
– curricula vitae and also other respective data and documents sent with the application
Through sending us your application, you make your above-mentioned data available to us.
a) Purpose of the processing
We process your personal data for the following purposes:
– Study of the application for employment within our company (legal basis is the pre-contractual relationship pursuant to Art. 6 (1) (b) GDPR and/or your consent under Art. 6 (1) (a) GDPR,
– Defence of possible legal claims asserted against our company arising from the application procedure, in so far as this is necessary
(the legal basis is our legitimate interest in complying with our burden of proof in any proceedings under the Allgemeines Gleichbehandlungsgesetz (AGG) [General Equal Treatment Act]; Art. 6 (1) (f) GDPR).
– We also process your personal data on the basis of your previously issued consent in order to inform you of possible job offers. This consent may be withdrawn at any time without the need to observe any particular form.
We require your personal data in order to be able to perform the processing purposes set out above. You may choose not to provide us with any personal data. In this case, however, we will not be able to process your application.
b) Data transmission and consequences if you withdraw your consent to the data processing
We only process personal data in so far as necessary. The processing is carried out digitally or in paper form. The procedure of processing personal data further includes, in particular, the collection, registration, management, storage, alteration, selection, comparison of, access to and communication of the data.
Please note that e-mails within the scope of the application procedure are sent unencrypted. If you do not want this, please contact us by post.
c) Recipients/users of your data
Your personal data will only be processed by the members of our staff responsible for the same. These are, in particular, the management executives and their assistants.
Without your consent, your data will not be passed on to any third parties or to non-EEA countries.
d) Storage and erasure of data
We process your personal data only for as long as is necessary to achieve the purpose of the processing. We will erase the data received no later than 6 months following any rejection.
You may object to the processing of your data at any time without the need to observe a particular form. In this case, we will erase your data without delay. The data will be erased in compliance with the statutory provisions.
e) Rights of data subjects
You have the following rights:
– Right to information (which data has been stored and processed and for which purpose)
– Rights to rectification
– Rights to erasure
– Objection to the processing of your personal data
– Rights of complaint to the supervisory authorities
You may assert your rights against us without the need to observe a particular form. A corresponding e-mail to our contact address is sufficient.
In addition to the data referred to above, cookies will be stored on your computer when you use our website. Cookies are small text files stored on your hard disk and allocated to the browser used by you through which certain information is transmitted to the party placing the cookie (in this case, by us). Cookies cannot execute any programs or transmit viruses onto your computer. They serve to make our Internet presence overall more user-friendly and more effective. You can configure your browser settings in accordance with your own wishes and e.g. reject the acceptance of third party cookies or all cookies. We draw your attention to the fact that in this case it is possible that you will not be able to use all functions of this website.
This website uses in particular the following types of cookies, the scope and functionality of which is explained below:
– Transient cookies which are erased by an automated process when you close your browser. These include in particular session cookies. These store a so-called session ID by which various enquiries from your browser can be allocated to the common session. By these means, your computer can be recognised once more when you return to our website. The session cookies are erased when you log off or close your browser;
– Persistent cookies which are erased by an automated process following a stipulated period, which may differ according to the cookie. You can erase the cookies at any time in the security settings of your browser;
– The Flash cookies used are not registered by your browser but by your Flash plug-in. In addition, we use HTML5 storage objects which are deposited on your end device. These objects store the necessary data irrespective of the browser used and have no automatic expiry date. If you do not want any processing to take place through the use of Flash cookies you must install a corresponding add-on, e.g. “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by using the private mode in your browser. We also recommend that you regularly erase your cookies and your browser history manually.
We wish to inform you that you can generally deactivate or remove cookies in your web browser by following the instructions on the following links:
– Internet Explorer (https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies)
– Mozilla Firefox (https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored)
Our websites also use analytical cookies (so-called web analytics) specified by third party providers, for example by Google.
16. Links to social media pages
This web site contains links to the most important social media network pages (e.g. Facebook, Twitter, Instagram). In this respect, the social media plug-ins are not embedded; the links established do not transmit personal data to the social media operators.
17. Right to lodge a complaint with a supervisory authority
Pursuant to Art. 77 GDPR, you have the right to complain to the supervisory authority if you are of the opinion that the processing of your personal data in our company is not being carried out lawfully.
The address of the supervisory authority responsible for our company is:
Berliner Beauftragte für Datenschutz und Informationsfreiheit
[Berlin commissioner for data security and freedom of information]
Tel.: +49 30 13889-0
Fax: +49 30 2155050
The complaint may be made without the need to observe any particular form and by e-mail to the supervisory authorities.
18. Contact details
If you wish to reach us by post, please write to the following address:
G&E Property Invest GmbH,
Krausenstraße 37, 10117 Berlin, Germany
Telephone number: 0 30 28 60 09 92
The e-mail address is:
G&E Property Invest GmbH,
(commercial register number HRB 194045 B; local court Charlottenburg, Berlin)
represented by the directors entitled to represent the company alone, Mr. Richard Gießel and Mr. Santo Esposito
Krausenstraße 37, 10117 Berlin, Germany
Telephone number: 0 30 28 60 09 92