Privacy policy in accordance with the GDPR
Protecting personal data is an important concern to us. Processing personal data is therefore carried out in accordance with the applicable European and national laws.
You can of course revoke your consent at any time with future effect. To do this, please contact the data controller in accordance with § 1.
The following statement provides an overview of what kind of data is collected, how it is used and shared, what security measures we take to protect your information, and how you obtain details about the information provided to us.
Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing personal data, Art. 6 para. 1 S. 1 lit. a) of the EU General Data Protection Regulation (GDPR) serves as legal basis.
For the processing of personal data necessary for performance of a contract to which the data subject is a party, Art. 6 para. 1 S. lit. b GDPR applies as the legal basis. This also applies to processing operations that are necessary for the performance of precontractual measures.
Insofar as processing personal data is necessary to fulfill a legal obligation to which we are subject, Art. 6 para. 1 S. 1 lit. c GDPR applies as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights, and freedoms of the data subject do not outweigh the said interest, Art. 6 para. 1 S. lit. f) GDPR applies as the legal basis for processing.
Data deletion and storage duration
The personal data of a data subject will be deleted or blocked as soon as the purpose of storage ceases to exist. Furthermore, data may be stored if this is provided for by European or national legislators in union regulations, laws, or other regulations to which we are subject as the data controller. Blocking or erasing data will also be carried out if a storage deadline prescribed by the above-mentioned standards expires, unless data storage is a necessity for concluding or performing a contract.
§ 1 The data controller and the data protection officer
(1) Name and address of the data controller
The data controller within the meaning of the General Data Protection Regulation and other national data protection laws of the EU Member States, as well as other data protection regulations, is:
Artis Immobilienverwaltung GmbH
Permoserstraße 50
03428 Leipzig
Germany
Traderegister-Nr: 11817
USt-IdNr: DE 182322146
Responsible for the content § 5 Telemediengesetz:
Mr. Horst Wesser
Phone: 0341-24428-0
E-mail: verwaltung@artis-immobilien.de
Website: https://artis-immobilien.de
(2) Name and address of the Data Protection Officer
The Data Protection Officer for the data controller is:
Datenschutz & Privacy
Nicole Christiane Grohmann
DSB: Dieter Grohmann
Beethovenstraße 23
87435 Kempten
Deutschland
Phone: 0831 / 5209-8680
E-mail: dg@datenschutzprivacy.de
§ 2 Definition of terms
The privacy policy is based on the terms used by the European regulator in the adoption of the basic EU data protection regulation (hereinafter referred to as "GDPR"). The privacy policy should be easy to read and understand. To ensure this, the most important terms are explained below:
Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). Identifiable refers to a person who can be identified directly or indirectly, in particular through the assignment of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of said person.
The data subject is any identified or identifiable person whose personal data is processed by the data controller for 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.
Profiling refers to any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a person, in particular to analyse or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymization 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 is not attributed to an identified or identifiable person.
The data controller or the person responsible for processing means 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 such processing are laid down by Union law or by the law of the Member States, the data controller or the specific criteria for their appointment may be laid down in accordance with Union law or the law of the Member States.
The Processor refers to a legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether or not it is a third party. However, authorities which may be entitled to receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
A 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.
Consent is any freely given, specific, informed and unambiguous indication of the data subject/user'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 Definition of terms
The privacy policy is based on the terms used by the European regulator in the adoption of the basic EU data protection regulation (hereinafter referred to as "GDPR"). The privacy policy should be easy to read and understand. To ensure this, the most important terms are explained below:
a) Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). Identifiable refers to a person who can be identified directly or indirectly, in particular through the assignment of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of said person.
(b) The data subject is any identified or identifiable person whose personal data is processed by the data controller for processing.
(c) 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) Profiling refers to any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a person, in particular to analyse or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
(e) Pseudonymization 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 is not attributed to an identified or identifiable person.
(f) The data controller or the person responsible for processing means 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 such processing are laid down by Union law or by the law of the Member States, the data controller or the specific criteria for their appointment may be laid down in accordance with Union law or the law of the Member States.
(e) The Processor refers to a legal person, public authority, agency or other body which processes personal data on behalf of the controller.
(f) The recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether or not it is a third party. However, authorities which may be entitled to receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
(e) A 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.
(f) Consent is any freely given, specific, informed and unambiguous indication of the data subject/user'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.
§ 3 Provision of the website and creation of log files
(1) When using the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we automatically collect the following data and information from the computer system of the accessing computer each time you visit the website:
- The user's IP address
- Information regarding the used browser type and version
- The user’s operating system
- The time of the server inquiry
- Referrer URL
- The hostname of the accessing computer
The data is also stored in the log files of our system. This data is not stored together with other personal user data.
(2) The legal basis for temporary storage of log files is Art. 6 para. 1 S. lit. f) GDPR.
(3) Temporary storage of the IP address by the system is necessary to
- enable delivery of the website to the user's computer. To this end, the user's IP address shall remain stored for the duration of the session.
- to optimise the contents of our website as well as the advertising for it
- to ensure the functionality of our information technology systems and the technology of our website
- to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack
The data is stored in log files to ensure the website's functionality. The data is also used to optimise the website and to ensure the security of our information technology systems. No evaluation of the data for marketing purposes is undertaken in this context.
These purposes also encompass our legitimate interest in data processing in accordance with Art. 6 para. 1 S.1 lit. f) GDPR.
(4) The data is deleted as soon as it is no longer necessary to achieve the purpose of its collection - in this case at the end of the usage process. If the data is stored in log files, this will be undertaken in seven days at the latest. Further storage is possible. In this case, the user's IP addresses will be deleted or anonymised in such a way that assignment of the accessing client is no longer be possible.
(5) Collection of data for the provision of the website and the storage of data in log files is imperative for the operation of the website, so there is no inconsistency.
§ 4 Use of cookies
(1) Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.
(2) In some cases, it is possible that third-party cookies are stored on your device once you enter our site (third-party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g., cookies for the processing of payment services).
(3) Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g., the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.
(4) Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g., for the shopping cart function) or those that are necessary for the optimization of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR); this consent may be revoked at any time.
(5) You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.
(6) In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.
§ 5 Contact form and email contact
(1) There is a contact form on our website that can be used for electronic contact. If a user accepts this option, the data entered in the input screen will be sent to us and stored. This data includes:
- Name
- phone number
- email address
- address (optional)
The following data is also stored at the time the message was sent:
- The user's IP address
- Date and time of registration
During the sending process, your consent is obtained for processing data and reference is made to this data protection declaration.
Alternatively, you can contact us via the provided email address. In this case, the user's personal data that is transmitted along with the email will be stored.
If this includes information about communication channels (e.g. email address, telephone number), you also agree that we may contact you via this communication channel in order to respond to your request.
This data will not be disclosed to third parties in this context. The data is used exclusively for processing the conversation.
(2) The legal basis for processing the data, if the user's consent to this has been obtained, is Art. 6 Para. 1 S. 1 lit. a) GDPR. The legal basis for processing the data transmitted in the course of sending an email is Art. 6 para. 1 p.1 lit. f) GDPR. If you send us an e-mail with the intention of entering into a contract with us, this creates an additional legal basis for its processing per Art. 6 para. 1S. 1 lit. b) GDPR.
(3) We only use personal data provided on contact forms to make the requested contact. The data from your email inquiries will of course only be used for the purpose for which you made them available to us when contacting us. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data. Processing other personal data during the sending process serves the purpose of preventing the misuse of the contact form and to ensure the security of our information technology systems.
(4) The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For the personal data from the contact form input screen and the data that was sent by e-mail, this is the case when the respective conversation with the user has been completed. The conversation will have ended when it is evident from the circumstances that the matter at hand has been conclusively resolved. Personal data that was additionally collected during the sending procedure will be deleted at the latest after a period of seven days.
(5) You have the option of revoking your consent to the processing of personal data at any time. If you contact us by email, you can object to the storage of your personal data at any time. It will not be possible to continue the conversation in this case. Regarding the revocation of the consent / objection of storage, we ask you to contact the data controller or the data protection officer according to § 1 via email or post. All personal data stored in the course of contacting us will be deleted as a result.
§ 6 Web analysis by Google Analytics (with pseudonymisation)
On our website we use the service of Google LLC (Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA) to analyze the surfing behavior of our users. The software sets a cookie on your computer (for cookies see § 4). If individual pages of our website are accessed, the following data is stored:
- Two bytes of the IP address of the calling system of the user
- The website accessed
- Entry pages, exit pages
- The time spent on the site and the rate of termination
- Frequency of a call of a site
- Country of origin and regional origin, language, browser, operating system, screen resolution, use of Flash or Java
- used search engines and used search terms
The information generated by the cookie about the use of this website by users is generally Transmitted to a Google server in the USA and stored there.
The legal basis for the processing of personal data is Art. 6 para. 1 sentence 1 lit. a) DSGVO.
On our behalf, Google will use this information to evaluate your use of the website and to compile reports on website activity. By evaluating the data collected, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness.
The data is deleted as soon as it is no longer needed for our recording purposes. In our case this is the case after 1 month.
The cookies used are stored on your computer and transmitted to our site by this computer. If you do not agree with the collection and evaluation of usage data, you can prevent this by setting your browser software accordingly by deactivating or restricting the use of cookies. Cookies that have already been saved can be deleted at any time. However, in this case you may not be able to use all the functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link. The current link is: http://tools.google.com/dlpage/gaoptout?hl=de. You have the possibility to revoke your consent to the processing of your personal data at any time. If you contact us by e-mail, you can object to the storage of your personal data at any time. Regarding the revocation of the consent / contradiction of the storage we ask you to contact the responsible person according to § 1 via e-mail or by post.
If you visit our website with your mobile device, you can also object to its use by
Deactivating Google Analytics by clicking on the following link: <a
href="javascript:gaOptout()">Disable Google Analytics. In this case, a cookie is set in your browser, which tells Google to prevent tracking.
Responsible is Google Ireland Ltd, Gordon House, 4 Barrow Street, Dublin, Ireland, Fax: +353 (1) 436 1001 Further information can be found in the user conditions under http://www.google.com/analytics/terms/de.html, in the overview of data protection under http://www.google.com/intl/de/analytics/learn/privacy.html or in the data protection declaration under http://www.google.de/intl/de/policies/privacy.
§ 7 Rights of the data subject
If your personal data is processed, you are a data subject as defined by the GDPR and you have the following rights with respect to the data controller:
- The right to be informed
- The right of rectification
- The right to limitation of processing
- Right to deletion
- Right to information
- The right to data portability.
- The right to object to processing
- The right to withdraw data protection consent
- The right not to apply an automated decision
- The right to file a legal complaint with a supervisory authority
1. Right to information
(1) You can request that the data controller confirms whether we will process personal data that concerns you. If such processing has taken place, you can request free information from the data controller at any time about the personal data stored about you and about the following information:
(a) the purposes for processing the personal data;
(b) the categories of personal data being processed;
(c) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(d) the planned storage duration of your personal data or, if specific information in that regard is not possible, criteria for determining the storage period;
(e) the existence of a right of rectification or deletion of your personal data or of a restriction on processing by the data controller or of a right to oppose such processing;
(f) the existence of a right of appeal to a supervisory authority;
(g) any available information on the origin of the data if the personal data has not been collected from the person concerned;
(h) the existence of automated decision-making, including profiling, in accordance with Article 22 Para. 1 and 4, GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the person concerned.
(2)You have the right to request information regarding whether your personal information will be transmitted to a third-party country or an international organisation. In this respect, you can request the appropriate guarantees in accordance with Art. 46 of the GDPR in connection with the transmission.
2. The right of rectification
You have the right to rectification and/or completion with respect to the data controller if the personal data processed concerning you is incorrect or incomplete.
3. The right to limitation of processing
(1) Under the following conditions, you may request from the data controller that the processing of your personal data be restricted:
(a) If you contest the accuracy of your personal data for a period that enables the data controller to verify the accuracy of the personal data;
(b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(c) the data controller no longer needs the personal data for processing purposes, but they are required by you for the establishment, exercise or defence of legal claims or
(d) you have objected to processing pursuant to Art. 21 Para. 1 GDPR pending the verification whether the legitimate grounds of the controller overrides your reasons.
(2) Where processing of the personal data that concerns you has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on the grounds of an important public interest of the Union or of a Member State. If the processing restriction has been done in accordance with the above conditions, you will be informed by the data controller before the restriction is lifted.
4. Right to deletion
(1) You can request that the data controller delete the personal data concerning you immediately, provided that one of the following reasons applies:
(a) The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
(b) you withdraw your consent on which the processing is based according to Art. 6 Para. 1 lit. a) or Art. 9 para. 2 (a) GDPR, and where there is no other legal ground for its processing.
(c) You object pursuant to Art. 21 Para. 1 of the GDPR, and there are no overriding legitimate grounds for processing, or you submit an objection to the processing pursuant to Art. 21 para. 2 GDPR to the processing;
(d) The personal data concerning you have been unlawfully processed.
(e) The personal data concerning you must be deleted for compliance with a legal obligation under Union or Member State law to which the data controller is subject.
(f) The personal data concerning you has been collected in relation to services offered by information society services pursuant to Art. 8 para. 1 GDPR.
(2) If the data controller has made personal data that concerns you public and is subject to the obligation to delete it pursuant to Art. 17 para. 1 GDPR, we will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
(3) The right to deletion does not exist insofar as processing is necessary
(a) to exercise the right of freedom of expression and information;
(b) for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the person responsible is subject or for the performance of a task in the public interest or in the exercise of official authority conferred to the person responsible;
(c) for reasons of public interest in the field of public health in accordance with Art. 9 Para. 2 (h) and (i), as well as Art. 9 para. 3, GDPR;
(d) for archiving purposes in the interest of public, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR, to the extent that the law referred to in clause (a) is likely to render impossible or seriously prejudicial the attainment of the objectives of such processing; or
(e) to assert, exercise or defend legal claims;
5. Right to information
If you have exercised your right to have the data controller correct, delete, or limit the processing, this party is obliged to inform all recipients to whom the personal data that concerns you has been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort. It is your right to have the data controller inform you regarding such recipients.
6. Right to data portability
(1) You have the right to obtain your personal data that you have provided to the data controller in a structured, commonly used and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to which the personal data have been provided, insofar as
(a) the processing is based on consent pursuant to Art. 6 Para. 1 lit. a) of the GDPR or Art. 9 para. 2 lit. a) of the GDPR or on a contract pursuant to Art. 6 para. 1 (b) GDPR and
(b) the processing is carried out using automated methods.
(2) In exercising this right, you shall have the right to have the personal data transmitted directly from one data controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
(3) The right to data portability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the data controller.
(4) In order to exercise the right to data portability, the data subject may at any time contact the controller.
7. Right of objection
(1) You have the right, for reasons arising from your specific situation, to object to the processing of personal data concerning you at any time, which is carried out in accordance with Art. 6 para. 1 lit. e) or lit. f) of the GDPR; the same applies to profiling based on these provisions.
(2) The responsible party will no longer process the personal data that concerns you, unless the party can prove compelling legitimate reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
(3) If the personal data that concerns you is being processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data that concerns you for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing. If you object to processing that is for direct marketing purposes, the personal data that concerns you will no longer be processed for these purposes.
(4) 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.
(5) In order to exercise the right to object, the data subject may contact the controller directly.
8. The right to revoke the declaration of consent pursuant to data protection rights
You have the right at any time to revoke your data protection declaration of consent. The revocation of consent shall not affect the legality of any processing undertaken on the basis of this consent before its withdrawal. You can contact the data controller for this.
9. Automated decision in individual cases, including profiling
(1) You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that has legal effect against you or significantly impairs you in a similar manner. This shall not apply if the decision:
(a) is necessary for entering into, or performance of, a contract between the you and a data controller;
(b) 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
(c) is based on your explicit consent.
(2) However, these decisions may not be based on special categories of personal data pursuant to Art. 9, Para. 1 of the GDPR, unless Art. 9 para. 2 lit. a) or g) of the GDPR and appropriate measures have been taken to protect your rights and freedom as well as your legitimate interests.
(3) In the cases referred to in (1) and (3), the data controller shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person on the part of the data controller, to state his or her own position and to challenge the decision.
(4) If the data subject wishes to exercise their rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the company.
10. The right to file a legal complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or where the infringement is suspected, if you believe that the processing of personal data that concerns you is in contravention of GDPR. The supervisory authority with which the appeal has been filed shall inform the appellant of the status and results of the appeal, including the possibility of a judicial remedy under Art. 78 GDPR.
§ 8 Changes to the privacy policy
We reserve the right to change our privacy practices and this policy to adapt it to changes in relevant laws and/or regulations or to better meet your needs. Possible changes to our data protection practices will be announced here. Please note the current version date of the privacy policy.