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Information for prospective tenants - Article 13

Information on data protection when collecting personal data in accordance with Art. 13 GDPR for prospective tenants

 

Information for tenants - Article 13

Information on data protection when collecting personal data in accordance with Art. 13 GDPR for tenants

 

Information for buyers and prospective buyers - Article 13

Information on data protection when collecting personal data in accordance with Art. 13 GDPR for buyers and prospective buyers

 

Information for buyers and prospective buyers - Article 14

Information on data protection when collecting personal data in accordance with Art. 14 GDPR for buyers and prospective buyers

 

Information for applicants - Article 13

Information on data protection when collecting personal data in accordance with Art. 13 GDPR for applicants

 

Information for prospective tenants of the Frankfurt program - Article 13

Information on data protection when collecting personal data in accordance with Art. 13 GDPR for prospective tenants of the Frankfurt program and the income-oriented support of the City of Frankfurt am Main

1. name and contact details of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is the:

GWH Wohnungsgesellschaft mbH Hessen
Westerbachstraße 33
60489 Frankfurt am Main

Phone: 069 97551 0

E-mail: info@gwh.de

Website: www.gwh.de

 

2. contact details of the data protection officer

You can reach our data protection officer using the following contact details:

GWH Wohnungsgesellschaft mbH Hessen
Data Protection Officer
Westerbachstraße 33
60489 Frankfurt am Main

E-mail: datenschutz@gwh.de

 

3. general information on data processing

3.1 Scope of the processing of personal data
We take the protection of personal data very seriously and observe the rules of data protection. We only collect and use our users' personal data insofar as this is necessary to provide a functional website and our content and services. The collection and use of our users' personal data only takes place regularly with the user's consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

3.2 Definitions

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Processing
Processing means 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, dissemination, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

c) Controller
Controller 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.

d) 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.

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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

3.3 Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 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 para. 1 lit. d GDPR serves as the legal basis.

If the 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 former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

3.4 Data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also 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 deleted 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 fulfillment of a contract.

 

4. provision of the website and creation of log files

4.1 Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:

Information about the browser type and version used

The user's operating system

The user's internet service provider

The IP address of the user

Date and time of access

Websites from which the user's system accesses our website

Websites that are accessed by the user's system via our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

4.2 Legal basis for data processing

The legal basis for the temporary storage of data and log files is Article 6(1)(f) GDPR.

4.3 Purpose of data processing

Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
Under no circumstances do we use the data collected for the purpose of drawing conclusions about your person.

Data is stored in log files to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. The data is not analyzed for marketing purposes in this context.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4.4 Duration of storage

The data is deleted as soon as it is no longer required 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.

4.5 Possibility of 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 option to object.

5. use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. This website uses the following types of cookies, the scope and function of which are explained below:

5.1 TRANSIENT COOKIES

These cookies are automatically deleted when you close the browser. These include session cookies in particular. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

5.2 PERSISTENT COOKIES

These cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.

5.3 Prevention of cookies

You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. We would like to point out that you may then not be able to use all the functions of this website.
We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

Font size setting -> Accessibility (if available on the website)

Notepad -> Real estate search (if available on the website)

 
We also use cookies on our website that enable an analysis of the user's surfing behavior.

The following data can be transmitted in this way:

Search terms entered

Frequency of page views

Visited pages

Duration of visit

Origin of visitors (by city)
 

The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the accessing user. The data is not stored together with other personal data of the user.

When accessing our website, users are informed by an info banner about the use of cookies for analysis purposes and referred to this privacy policy. In this context, there is also a reference to how the storage of cookies can be prevented in the browser settings.

b) Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR

c) Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. The user data collected by technically necessary cookies is not used to create user profiles.

Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.

e) Duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

 

6. contact form and e-mail contact

6.1 Description and scope of data processing

Contact forms are available on our website which can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. These data are

Salutation

First and last name

E-mail address

Message
 

If you contact us via our contact forms, you have the option of voluntarily providing your address data and telephone number.

Your consent is obtained for the processing of the data as part of the sending process and reference is made to this privacy policy.

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.    

In this context, no data is passed on to third parties. If it is necessary to pass on data to service providers commissioned by us, we will provide separate information about this directly in the contact form. The data is used exclusively for processing the conversation. If the inquiry relates to the activities of another GWH Group company, your data may be passed on to the company concerned if this is necessary for efficient processing of the inquiry.

6.2 Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

6.3 Purpose of data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

6.4 Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process is anonymized and deleted after a period of sixty days.

6.5 Possibility of objection and removal

The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us via the contact form or email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

Please send your revocation or objection to datenschutz@gwh.de

All personal data stored in the course of contacting us will be deleted in this case.

 

7 Rights of the data subject

As a data subject, you have the following data protection rights under the GDPR and the BDSG-new:

7.1 Right to information in accordance with Art. 15 GDPR

The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If this is the case, they have the right to information about this personal data and to the following information:

  • The purposes of processing
  • The categories of personal data that are processed
  • 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 organizations
  • 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 a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
  • The existence of a right to lodge a complaint with a supervisory authority
  • If the personal data is not collected from the data subject, all available information about the origin of the data
  • the existence of automated decision-making, including profiling, referred to in Art. 22 (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.

The controller is obliged to provide a copy of the personal data that is the subject of the processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. If the data subject makes the request electronically, the information shall be provided in a commonly used electronic format, unless the data subject indicates otherwise.

7.2 Right to rectification of inaccurate data pursuant to Art. 16 GDPR

The data subject has the right 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.

7.3 Right to erasure pursuant to Art. 17 GDPR ("right to be forgotten")

The data subject shall have the right 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 for the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
  • The personal data was processed unlawfully.
  • The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

7.4 Right to restriction of processing pursuant to Art. 18 GDPR

The data subject shall have the right 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 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 defense of legal claims.
  • The data subject has objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

7.5 Right to data portability pursuant to Art. 20 GDPR

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller, to whom the personal data have been provided, where the processing is based on consent pursuant to Art. 6 (1) a) or Art. 9 (2) a) or on a contract pursuant to Art. 6 (1) b) GDPR and the processing is carried out by automated means. However, this right does not apply to processing that 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.

7.6 Right to object pursuant to Art. 21 GDPR

The data subject has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR. This also applies to profiling based on these provisions. In the event of an objection, the controller will no longer process the data 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 defense of legal claims.

Where personal data are processed 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 also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the controller to the processing for direct marketing purposes, the controller 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 for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.7 Automated decisions in individual cases including profiling in accordance with Art. 22 GDPR

The data subject shall have the right 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, provided that

  • the decision is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
  • is authorized 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
  • with the express consent of the data subject.

 7.8 Right to withdraw consent under data protection law

The person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.

7.9 Right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR/§ 19 BDSG

The data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

 

8. data transfer to third countries

Data is not currently transferred to third countries or to an international organization, nor is this planned.

 

9. legal or contractual regulations for the provision of personal data

As part of our business relationship, the personal data that is required for the establishment and execution of a business relationship and the fulfillment of the associated contractual obligations or that we are legally obliged to collect must be provided. Without this data, we will not be able to conclude or execute a contract. If information can be provided voluntarily, we have marked this information in the respective data collection form.

 

10. automated decision-making, profiling

In principle, we do not use exclusively automated decision-making or profiling within the meaning of Art. 22 GDPR to establish and conduct the business relationship.

 

11. weglot language translation service

Functions of the GDPR-compliant translation service Weglot are integrated on this website. The provider is Weglot SAS, 138, rue Pierre Joigneaux in Bois-Colombes 92270 France. Weglot is loaded when you access the website so that you can change the language to a language other than German using the language icon in the header of the website. This allows a direct connection to be established between your browser and the Weglot server when you visit this website. Weglot then receives the information that you have visited this website with your IP address. The data is stored and analyzed on the basis of Art. 6 para. 1 lit. f GDPR. A corresponding consent is requested via the cookie and data protection settings of the website. The processing is then carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; consent can be revoked at any time via the data protection settings at the bottom of each subpage. Further information on this can be found in Weglot's privacy policy: https://weglot.com/privacy