Data Privacy Statement
The use of the
Internet pages of Markmann Real Estate GmbH is possible without any indication
of personal data; however, if a data subject wants to use special enterprise
services via our website, processing of personal data could become necessary.
If the processing of personal data is necessary and there is no statutory basis
for such processing, we generally obtain consent from the data subject. The
processing of personal data, such as the name, address, e-mail address, or
telephone number of a data subject shall always be in line with the General
Data Protection Regulation (GDPR), and in accordance with the country-specific
data protection regulations applicable to Markmann Real Estate GmbH. By means
of this data protection declaration, our enterprise would like to inform the
general public of the nature, scope, and purpose of the personal data we
collect, use and process. Furthermore, data subjects are informed, by means of
this data protection declaration, of the rights to which they are entitled. As
the controller, Markmann Real Estate GmbH has implemented numerous technical
and organizational measures to ensure the most complete protection of personal
data processed through this website. However, Internet-based data transmissions
may in principle have security gaps, so absolute protection may not be
guaranteed. For this reason, every data subject is free to transfer personal
data to us via alternative means, e.g. by telephone.
1. Definitions
The terminology used within this data privacy
statement is defined as follows:
a)
Personal data
Personal data
means any information relating to an identified or identifiable natural person
(“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.
b) Data subject
Data subject is
any identified or identifiable natural person, whose personal data is processed
by the controller responsible for the processing.
c) Processing
Processing 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.
d) Restriction of
processing
Restriction of
processing is the marking of stored personal data with the aim of limiting
their processing in the future.
e) Profiling
Profiling 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.
f)
Pseudonymisation
Pseudonymisation
is the processing of personal data in such a manner that the personal data can
no longer be attributed to a specific data subject without the use of
additional information, provided that such additional information is kept
separately and is subject to technical and organisational measures to ensure
that the personal data are not attributed to an identified or identifiable
natural person.
g)
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.
h) Processor
Processor is a
natural or legal person, public authority, agency or other body which processes
personal data on behalf of the controller.
i)
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; the processing of those data by those public authorities shall be
in compliance with the applicable data protection rules according to the
purposes of the processing.
j) Third
party
Third party is a
natural or legal person, public authority, agency or body other than the data
subject, controller, processor and persons who, under the direct authority of
the controller or processor, are authorised to process personal data.
k) Consent
Consent of the
data subject 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.
2. Name and Address of the controller
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:
Markmann Real Estate GmbH
Sebastianusweg 2
51789 Lindlar
Germany
3. Cookies
The Internet pages of Markmann Real Estate GmbH use
cookies. Cookies are text files that are stored in a computer system via an
Internet browser. Many Internet sites and servers use cookies. Many cookies
contain a so-called cookie ID. A cookie ID is a unique identifier of the
cookie. It consists of a character string through which Internet pages and
servers can be assigned to the specific Internet browser in which the cookie was
stored. This allows visited Internet sites and servers to differentiate the
individual browser of the data subject from other Internet browsers that
contain other cookies. A specific Internet browser can be recognized and
identified using the unique cookie ID. Through the use of cookies, Markmann
Real Estate GmbH can provide the users of this website with more user-friendly
services that would not be possible without the cookie setting. By means of a
cookie, the information and offers on our website can be optimized with the
user in mind. Cookies allow us, as previously mentioned, to recognize our
website users. The purpose of this recognition is to make it easier for users
to utilize our website. The website user that uses cookies, e.g. does not have
to enter access data each time the website is accessed, because this is taken
over by the website, and the cookie is thus stored on the user's computer
system. Another example is the cookie of a shopping cart in an online shop. The
online store remembers the articles that a customer has placed in the virtual
shopping cart via a cookie. The data subject may, at any time, prevent the
setting of cookies through our website by means of a corresponding setting of
the Internet browser used, and may thus permanently deny the setting of
cookies. Furthermore, already set cookies may be deleted at any time via an
Internet browser or other software programs. This is possible in all popular
Internet browsers. If the data subject deactivates the setting of cookies in
the Internet browser used, not all functions of our website may be entirely
usable.
4. Collection of general data and information
The website of Markmann Real Estate GmbH collects a
series of general data and information when a data subject or automated system
calls up the website. This general data and information are stored in the
server log files. Collected may be (1) the browser types and versions used, (2)
the operating system used by the accessing system, (3) the website from which
an accessing system reaches our website (so-called referrers), (4) the
sub-websites, (5) the date and time of access to the Internet site, (6) an
Internet protocol address (IP address), (7) the Internet service provider of
the accessing system, and (8) any other similar data and information that may
be used in the event of attacks on our information technology systems. When
using these general data and information, Markmann Real Estate GmbH does not
draw any conclusions about the data subject. Rather, this information is needed
to (1) deliver the content of our website correctly, (2) optimize the content
of our website as well as its advertisement, (3) ensure the long-term viability
of our information technology systems and website technology, and (4) provide
law enforcement authorities with the information necessary for criminal
prosecution in case of a cyber-attack. Therefore, Markmann Real Estate GmbH
analyzes anonymously collected data and information statistically, with the aim
of increasing the data protection and data security of our enterprise, and to
ensure an optimal level of protection for the personal data we process. The
anonymous data of the server log files are stored separately from all personal
data provided by a data subject.
5. Routine erasure and blocking of personal data
The data controller shall process and store the
personal data of the data subject only for the period necessary to achieve the
purpose of storage, or as far as this is granted by the European legislator or
other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by
the European legislator or another competent legislator expires, the personal
data are routinely blocked or erased in accordance with legal requirements.
6. Rights of the data subject
a) Right of confirmation
Each data
subject shall have the right granted by the European legislator to obtain from
the controller the confirmation as to whether or not personal data concerning
him or her are being processed. If a data subject wishes to avail himself of
this right of confirmation, he or she may, at any time, contact the controller.
b) Right of access
Each data
subject shall have the right granted by the European legislator to obtain from
the controller free information about his or her personal data stored at any
time and a copy of this information. Furthermore, the European directives and
regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the
data subject shall have a right to obtain information as to whether personal
data are transferred to a third country or to an international organisation.
Where this is the case, the data subject shall have the right to be informed of
the appropriate safeguards relating to the transfer.If a data subject wishes to
avail himself of this right of access, he or she may, at any time, contact the
controller.
c) Right to rectification
Each data
subject shall have the right granted by the European legislator to obtain from
the controller without undue delay the rectification of inaccurate personal
data concerning him or her. Taking into account the purposes of the processing,
the data subject shall have the right to have incomplete personal data
completed, including by means of providing a supplementary statement. If a data
subject wishes to exercise this right to rectification, he or she may, at any
time, contact the controller.
d) Right to erasure (Right to be
forgotten)
Each data
subject shall have the right granted by the European legislator to obtain from
the controller the erasure of personal data concerning him or her without undue
delay, and the controller shall have the obligation to erase personal data
without undue delay where one of the following grounds applies, as long as the
processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the
aforementioned reasons applies, and a data subject wishes to request the
erasure of personal data stored by Markmann Real Estate GmbH, he or she may, at
any time, contact the controller. An employee of Markmann Real Estate GmbH
shall promptly ensure that the erasure request is complied with immediately. Where
the controller has made personal data public and is obliged pursuant to Article
17(1) 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 other controllers processing the
personal data that the data subject has requested erasure by such controllers
of any links to, or copy or replication of, those personal data, as far as
processing is not required. An employee of Markmann Real Estate GmbH will
arrange the necessary measures in individual cases.
e) Right of restriction of
processing
Each data
subject shall have the right granted by the European legislator to obtain from
the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the
aforementioned conditions is met, and a data subject wishes to request the
restriction of the processing of personal data stored by Markmann Real Estate
GmbH, he or she may at any time contact the controller. The employee of Markmann
Real Estate GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data
subject shall have the right granted by the European legislator, to receive the
personal data concerning him or her, which was provided to a controller, in a
structured, commonly used and machine-readable format. He or she shall have the
right to transmit those data to another controller without hindrance from the
controller to which the personal data have been provided, as long as the
processing is based on consent pursuant to point (a) of Article 6(1) of the
GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to
point (b) of Article 6(1) of the GDPR, and the processing is carried out by
automated means, as long as the processing is not necessary for the performance
of a task carried out in the public interest or in the exercise of official
authority vested in the controller. Furthermore, in exercising his or her right
to data portability pursuant to Article 20(1) of the GDPR, the data subject
shall have the right to have personal data transmitted directly from one
controller to another, where technically feasible and when doing so does not
adversely affect the rights and freedoms of others. In order to assert the
right to data portability, the data subject may at any time contact Markmann
Real Estate GmbH.
g) Right to object
Each data
subject shall have the right granted by the European legislator 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 point (e) or (f) of
Article 6(1) of the GDPR. This also applies to profiling based on these
provisions. Markmann Real Estate GmbH shall no longer process the personal data
in the event of the objection, unless we can demonstrate 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. If Markmann Real Estate GmbH processes personal data for direct
marketing purposes, the data subject shall have the right to object at any time
to processing of personal data concerning him or her for such marketing. This
applies to profiling to the extent that it is related to such direct marketing.
If the data subject objects to Markmann Real Estate GmbH to the processing for
direct marketing purposes, Markmann Real Estate GmbH will no longer process the
personal data for these purposes. In addition, the data subject has the right,
on grounds relating to his or her particular situation, to object to processing
of personal data concerning him or her by Markmann Real Estate GmbH for
scientific or historical research purposes, or for statistical purposes
pursuant to Article 89(1) of the GDPR, unless the processing is necessary for
the performance of a task carried out for reasons of public interest. In order
to exercise the right to object, the data subject may contact Markmann Real
Estate GmbH. In addition, the data subject is free in the context of the use of
information society services, and notwithstanding Directive 2002/58/EC, to use
his or her right to object by automated means using technical specifications.
h) Automated individual
decision-making, including profiling
Each data
subject shall have the right granted by the European legislator not to be
subject to a decision based solely on automated processing, including
profiling, which produces legal effects concerning him or her, or similarly
significantly affects him or her, as long as the decision (1) is not is
necessary for entering into, or the performance of, a contract between the data
subject and a data controller, or (2) is not authorised by Union or Member
State law to which the controller is subject and which also lays down suitable
measures to safeguard the data subject's rights and freedoms and legitimate
interests, or (3) is not based on the data subject's explicit consent. If the
decision (1) is necessary for entering into, or the performance of, a contract
between the data subject and a data controller, or (2) it is based on the data
subject's explicit consent, Markmann Real Estate GmbH shall implement suitable
measures to safeguard the data subject's rights and freedoms and legitimate
interests, at least the right to obtain human intervention on the part of the
controller, to express his or her point of view and contest the decision.
If the data
subject wishes to exercise the rights concerning automated individual
decision-making, he or she may, at any time, contact Markmann Real Estate GmbH.
i) Right to withdraw data
protection consent
Each data
subject shall have the right granted by the European legislator to withdraw his
or her consent to processing of his or her personal data at any time. If the
data subject wishes to exercise the right to withdraw the consent, he or she
may, at any time, contact Markmann Real Estate GmbH.
7. Data protection provisions about the application and use of Google
Analytics (with anonymization function)
On this website, the controller has integrated the
component of Google Analytics (with the anonymizer function). Google Analytics
is a web analytics service. Web analytics is the collection, gathering, and
analysis of data about the behavior of visitors to websites. A web analysis
service collects, inter alia, data about the website from which a person has
come (the so-called referrer), which sub-pages were visited, or how often and
for what duration a sub-page was viewed. Web analytics are mainly used for the
optimization of a website and in order to carry out a cost-benefit analysis of
Internet advertising. The operator of the Google Analytics component is Google
Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States. For
the web analytics through Google Analytics the controller uses the application
"_gat. _anonymizeIp". By means of this application the IP address of
the Internet connection of the data subject is abridged by Google and
anonymised when accessing our websites from a Member State of the European
Union or another Contracting State to the Agreement on the European Economic
Area. The purpose of the Google Analytics component is to analyze the traffic
on our website. Google uses the collected data and information, inter alia, to evaluate
the use of our website and to provide online reports, which show the activities
on our websites, and to provide other services concerning the use of our
Internet site for us. Google Analytics places a cookie on the information
technology system of the data subject. The definition of cookies is explained
above. With the setting of the cookie, Google is enabled to analyze the use of
our website. With each call-up to one of the individual pages of this Internet
site, which is operated by the controller and into which a Google Analytics
component was integrated, the Internet browser on the information technology
system of the data subject will automatically submit data through the Google
Analytics component for the purpose of online advertising and the settlement of
commissions to Google. During the course of this technical procedure, the
enterprise Google gains knowledge of personal information, such as the IP
address of the data subject, which serves Google, inter alia, to understand the
origin of visitors and clicks, and subsequently create commission settlements. The
cookie is used to store personal information, such as the access time, the
location from which the access was made, and the frequency of visits of our
website by the data subject. With each visit to our Internet site, such
personal data, including the IP address of the Internet access used by the data
subject, will be transmitted to Google in the United States of America. These
personal data are stored by Google in the United States of America. Google may
pass these personal data collected through the technical procedure to third
parties. The data subject may, as stated above, prevent the setting of cookies
through our website at any time by means of a corresponding adjustment of the
web browser used and thus permanently deny the setting of cookies. Such an
adjustment to the Internet browser used would also prevent Google Analytics
from setting a cookie on the information technology system of the data subject.
In addition, cookies already in use by Google Analytics may be deleted at any
time via a web browser or other software programs. In addition, the data
subject has the possibility of objecting to a collection of data that are
generated by Google Analytics, which is related to the use of this website, as
well as the processing of this data by Google and the chance to preclude any
such. For this purpose, the data subject must download a browser add-on under
the link https://tools.google.com/dlpage/gaoptout and install it. This browser
add-on tells Google Analytics through a JavaScript, that any data and
information about the visits of Internet pages may not be transmitted to Google
Analytics. The installation of the browser add-ons is considered an objection
by Google. If the information technology system of the data subject is later
deleted, formatted, or newly installed, then the data subject must reinstall
the browser add-ons to disable Google Analytics. If the browser add-on was
uninstalled by the data subject or any other person who is attributable to
their sphere of competence, or is disabled, it is possible to execute the
reinstallation or reactivation of the browser add-ons. Further information and
the applicable data protection provisions of Google may be retrieved under
https://www.google.com/intl/en/policies/privacy/ and under
http://www.google.com/analytics/terms/us.html. Google Analytics is further
explained under the following Link https://www.google.com/analytics/.
8. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for
processing operations for which we obtain consent for a specific processing
purpose. If the processing of personal data is necessary for the performance of
a contract to which the data subject is party, as is the case, for example, when
processing operations are necessary for the supply of goods or to provide any
other service, the processing is based on Article 6(1) lit. b GDPR. The same
applies to such processing operations which are necessary for carrying out
pre-contractual measures, for example in the case of inquiries concerning our
products or services. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of tax
obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases,
the processing of personal data may be necessary to protect the vital interests
of the data subject or of another natural person. This would be the case, for
example, if a visitor were injured in our company and his name, age, health
insurance data or other vital information would have to be passed on to a
doctor, hospital or other third party. Then the processing would be based on
Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article
6(1) lit. f GDPR. This legal basis is used for processing operations which are
not covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of 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 which require
protection of personal data. Such processing operations are particularly
permissible because they have been specifically mentioned by the European legislator.
He considered that a legitimate interest could be assumed if the data subject
is a client of the controller (Recital 47 Sentence 2 GDPR).
9. The legitimate interests pursued by the controller or by a third
party
Where the processing of personal data is based on
Article 6(1) lit. f GDPR our legitimate interest is to carry out our business
in favor of the well-being of all our employees and the shareholders.
10. Period for which the personal data will be stored
The criteria used to determine the period of storage
of personal data is the respective statutory retention period. After expiration
of that period, the corresponding data is routinely deleted, as long as it is
no longer necessary for the fulfillment of the contract or the initiation of a
contract.
11. Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the data subject
to provide the personal data; possible consequences of failure to provide such
data
We clarify that the provision of personal data is
partly required by law (e.g. tax regulations) or can also result from
contractual provisions (e.g. information on the contractual partner). Sometimes
it may be necessary to conclude a contract that the data subject provides us
with personal data, which must subsequently be processed by us. The data
subject is, for example, obliged to provide us with personal data when our
company signs a contract with him or her. The non-provision of the personal
data would have the consequence that the contract with the data subject could
not be concluded. Before personal data is provided by the data subject, the
data subject must contact any employee. The employee clarifies to the data
subject whether the provision of the personal data is required by law or
contract or is necessary for the conclusion of the contract, whether there is
an obligation to provide the personal data and the consequences of
non-provision of the personal data.
12. Automated decision-making
As a responsible company, we do not use automatic
decision-making or profiling.
This Privacy Policy has been generated by the Privacy
Policy Generator of the DGD - Your External DPO that was
developed in cooperation with WILDE BEUGER SOLMECKE,
Cologne.