Information for prospective tenants - Article 13
Information on data protection when collecting personal data in accordance with Art. 13 GDPR for prospective tenants
In fulfillment of our obligation to provide information when collecting personal data in accordance with Art. 13 GDPR, we inform you of the following:
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. purpose and legal basis of the data processing
We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Your personal data will only be collected, processed and stored for the purposes expressly stated here.
If we have been given consent to process personal data for specific, aforementioned purposes, the lawfulness of this processing is based on consent. Consent that has been given can be withdrawn at any time. The withdrawal of consent does not affect the lawfulness of the data processed until the withdrawal.
We process your personal data as part of our management of prospective tenants
for the implementation of pre-contractual measures and/or for the fulfillment of contractual obligations pursuant to Art. 6 para. 1 b) GDPR:
The processing of personal data takes place for the initiation and/or conclusion of a rental agreement with GWH Wohnungsgesellschaft mbH Hessen.
as part of the balancing of interests in accordance with Art. 6 Para. 1 f) GDPR:
If necessary, we process personal data beyond the actual fulfillment of the contract or pre-contractual measures to protect our legitimate interests or those of third parties.
This includes:
- Data exchange with credit agencies (e.g. SCHUFA) to determine creditworthiness and default risks in rental operations
- Assertion of legal claims and defense in legal disputes
In accordance with Art. 21 (4) in conjunction with (1) and (2) GDPR, you can object at any time to the processing of personal data concerning you that we process on the basis of a legitimate interest.
4. immomio
Prospective tenants can register with the Immomio rental platform to apply for GWH rental properties. Immomio GmbH is the controller within the meaning of the GDPR for data collected in the course of creating and using an account. GWH is responsible if the prospective tenant uses the Immomio rental platform as a "guest" to apply for a GWH apartment, for the digital signature module and for the functions of making appointments and storing documents and data of prospective tenants who have been made a rental offer or who are on the shortlist for this. In these cases, Immomio acts as a processor for GWH.
5. transfer of data to third parties
Before concluding a rental agreement, we will pass on personal data to SCHUFA Holding AG for the purpose of obtaining credit information if you have not provided us with credit information yourself. In this case, we will inform you separately.
6 Existing rights of the data subject
As a data subject, you have the following data protection rights under the GDPR and the BDSG:
a) Right of access pursuant to Art. 15 GDPR
b) Right to rectification of inaccurate data pursuant to Art. 16 GDPR
c) Right to erasure pursuant to Art. 17 GDPR ("right to be forgotten")
d) Right to restriction of processing pursuant to Art. 18 GDPR
e) Right to data portability pursuant to Art. 20 GDPR
f) Right to object pursuant to Art. 21 GDPR
g) Right not to be subject to a decision based solely on automated processing - including profiling - pursuant to Art. 22 GDPR
h) Right to withdraw consent under data protection law
i) Right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR/§ 19 BDSG
7. duration of data storage
After the respective purpose of processing and use no longer applies, the relevant statutory retention periods apply. If GWH processes and stores personal data as part of the application process, this data will be completely deleted six months after the last contact, unless other statutory retention periods prevent this or the retention of the data serves the purpose of legal prosecution.
If it is necessary to preserve evidence, for example in the context of legal proceedings, please note that the limitation periods of the German Civil Code (BGB) can be up to 30 years if a court title exists (Sections 195 et seq. BGB). If no court title has been obtained against the person concerned, the regular limitation period of three years applies.
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.